Information Request MCU14-0009 · MCU14/0009

Officer	Jack Lewis
Direct Telephone:	5329 6236
Our Reference	MCU14/0009

27 February 2014

Mrs CM Rolton & Mr KA Rolton
C/- Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR  QLD  4560

Dear Sir/Madam

Information Request
Sustainable Planning Act 2009

I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No:	MCU14/0009
Proposal:	Development Permit for Material Change of Use - Industrial business Type 2 & Retail business Type 2 Shop
Street Address:	1 Factory St POMONA  QLD  4568
Real Property Description:	Lot 20 SP 194118
Planning Scheme:	The Noosa Plan (16 September 2013)
PRELIMINARY ADVICE
The site is zoned Village Mix and located along Factory Street, Pomona. The proposed retail use is inconsistent within this area of the zone. Council wishes to refer you to pre-lodgement advice given on 26 July 2013, where the applicant was advised the proposal presents a conflict with The Noosa Plan, with officers finding it hard to support such an application on this site.

The items contained in this Information Request raises questions that are intended to give Council a full understanding of the planning implications of the proposal, and the public interest ‘grounds’ relied on by the applicant under Section 326(1)(b) of the Sustainable Planning Act 2009 (SPA).

Information Required
The information requested is set out below:

Retail uses in Pomona
The submitted report suggests the intended use of the retail business on the site to be a bottle shop, which is suggested, will enhance the accessibility and convenience for the residents and visitors of Pomona using the site.

The Overall Outcomes for the Mary River Catchment Locality seek that Pomona retain its role as an important rural service center. The existing businesses located along Factory Street predominantly include industrial production and supporting rural businesses (machinery repair and agricultural supply stores). It is noted also that there are limited alternative sites within Pomona for industrial and agricultural related businesses to locate, with this proposal reducing the available industrial land.

Information Required
Provide evidence and justification for the need for retail development within Factory Street. This may include an inventory and analysis of existing shops and vacancy rates within the Village Mix zoned land within Pomona.

Reasons for Approval Despite the Conflict with the Scheme
Section 326(1)(b) of the Sustainable Planning Act 2009 states that the assessment manager’s decision must not conflict with the Planning Scheme, unless there are sufficient grounds to justify the decision, despite the conflict. The Retail Business use is identified as an inconsistent use on the proposed site.

Information Required
Please provide at least three succinct reasons for approval of the proposed development, despite this conflict with The Noosa Plan.

Flooding and Drainage
The proposed development of the site has the potential to be impacted upon by flooding and to create additional flooding on the adjoining property. The submitted report suggests that the issue is overcome by having the new buildings on stumps/piers with the floor level at the same level as the adjoining theatre building. It is noted that the building plans include “concrete block fire walls” which extend from ground level to roof level. The submitted report makes no comment on the potential affects of the proposed “concrete block fire walls”.

Information Required
Provide additional detail and comment from a suitably qualified person (RPEQ) in regard to the potential flooding impacts on the adjoining property created by the proposed buildings. Please note that Council has recently undertaken flood modelling in the Pomona township and this information is available for an applicable fee – ‘Advanced Flood Search Certificate’ see associated link:
http://www.noosa.qld.gov.au/documents/40217326/40227898/Other%20Development%20Fees%20Charges.pdf.pdf

Stormwater Plan
The submitted report does not provide any detail on the existing and proposed stormwater drainage system. It is suggested in the submitted report that any increase in runoff from the development will be addressed by the inclusion of tanks detailed in the subsequent Operational Works application. As the location (underground or above ground) and size of any tanks could impact on the layout and be affected by flooding it is necessary for a preliminary stormwater drainage design to be submitted.

Information Required
Provide a preliminary stormwater drainage plan that indicates the existing stormwater drainage system and the proposed new stormwater drainage system. The plan must be:
Prepared by an RPEQ
Include the location and size of any proposed tanks
Include any existing or proposed water quality treatment devices
Outlets points to the Council drainage system.

Frontage Works
The submitted report suggests that no external works are required. The site does not have kerb and channel or a footpath across the full frontage. Pedestrians walking from the Factory Street footpath to the Hill Street footpath currently travel through the access driveway which is within private property.

Information Required
Provide revised plans that indicate the necessary frontage works as described in Specific Outcome O13 of the Transport, Roads and Drainage Code or alternatively provide justification why these works are not provided.

Carparking
The proposed carparking is not in accordance with AS/NZS2890.1:2004.

Information Required
Provide a revised layout plan that includes:
The necessary queuing from Factory Street as described in section 3.4 of AS/NZS2890.1:2004 or alternatively provide comment from an RPEQ that states that the provided queuing is sufficient to achieve compliance with AS/NZS2890.1:2004
The space widths for the relevant user type as described in AS/NZS2890.1:2004 (employee 2.4m wide, 2.6m wide for customers both widened where adjacent to obstructions)

End of Information Request

Under the provisions of the Sustainable Planning Act 2009, you have three options available in response to this Information Request. You may give the assessment manager (in this instance Council) and each referral agency (if any):

all of the information requested; or
part of the information requested together with a letter asking the assessment manager and each referral agency to proceed with the assessment of the application; or
a letter;
stating that you do not intend to supply any of the information requested; and
asking the assessment manager and each referral agency to proceed with the assessment of the application.

Please be aware that under Section 279 of the Sustainable Planning Act 2009, the applicant must respond to the Information Request within 6 months of the request or otherwise, the application lapses.

A response to the above is required to be submitted, prior to further assessment of the application.  If any further matters arise as part of assessment of this application, you will be advised accordingly.

Should any Concurrence Agency make an Information Request, you are reminded of your obligation to provide Council with a copy of the information provided to that Concurrence Agency.

Should you have any further queries in relation to the above, please do not hesitate to contact Jack Lewis on the above number.

Yours faithfully

Jack Lewis
DEVELOPMENT PLANNER

cc:	Mrs CM Rolton, Mr KA Rolton
PO Box 291
COOROY  QLD  4563

[word/footer1.xml]
Page 2 of 4

[word/footer2.xml]
Page 1 of 4

[word/header1.xml]
MCU14/0009

[Attachment: image1.jpeg (image text)]
 

NOOSACOUNCIL Pest 2iopss2esm ——atgroxagngoas
aoe TowotNaoeses — Florssvessi — atoomagagara