Minor Change Report MCU16/0084.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Assistant Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	MCU16/0084.03
Development Approval	MCU16/0084
Applicant	Denmac Nominees Pty Ltd
Request Received On	28 August 2017

PROPERTY DETAILS
Property Address	140-142 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 2 RP 173876
Land Area	2426.25m2
Existing Use of Land	Vacant – Under Redevelopment

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazard (Acid Sulfate Soils)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to make a minor change to an existing development approval for (Retail Business Type 5 – Vehicle uses, Retail Business Type 2 - Shop & Entertainment & Dining Business – Type 1 – Food & Beverages) issued on 12 January 2017. The applicant is seeking to delete condition 62 from the conditions of the approval. Condition 62 relates to the design of the canopy over the fuel dispensing area of the Service Station.
Locality and site plans are provided below under Figures 1, 2 and 3.

Figure 1 – Site Location

Figure 2 – Site Plan

Figure 3 – Approved Development with Notes via GIA Request
background
A development approval for a (Retail Business Type 5 – Vehicle uses, Retail Business Type 2 - Shop & Entertainment & Dining Business – Type 1 – Food & Beverages) was issued on 12 January 2017.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Water Sensitive Design Code
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the approved service station will not change, other than the reduction in size of the canopy above the fuel pumps;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
Condition 62 was included within the conditions of approval and relates to the design aspects of stormwater and spill catchment on the site. The condition was included to ensure stormwater and spills are appropriately treated on site. The condition and applicants request for deletion is included below.
Condition 62
The canopy installed over FDA must be designed to minimize the amount of rain entering the dispensing area and shall overhang by a horizontal distance of at least one quarter of the roof height out from the vertical above the boundary of the demarcated fuel dispensing area as per drawing B16239-CSK01.
Applicant’s Request
It is requested that condition 62 be deleted as it is not required for this development.
The reason why the condition is not required is because the development is providing a Stormwater360 system instead of a containment vessel (i.e. blind sump). Given the ability of the 3 Stormwater360 system to treat any contaminated runoff continually before discharge to the stormwater drainage, it is considered that the canopy over the fuel dispensing area should not need to overhang the Fuel Dispensing Area (FDA) by one-quarter of the overall height of the canopy. The purpose of this requirement is to minimise the volume stormwater runoff from entering the FDA when discharging to a blind sump to ensure that the containment vessel is not full in the event of a fuel spill. With the use of a Stormwater360 system, this is not a concern.
Based on the above, we therefore request condition 62 to be deleted. We note that Condition 28 endorses the use of a Stormwater360 system as follows:
Condition 28: Any proprietary stormwater quality improvement product must be:
a. designed and installed in accordance with its relevant Technical Design Guide;
b. incorporate adequate high flow bypass for peak flows that exceed the design capacity of the system;
c. include energy dissipation to prevent resuspension of accumulated sediment;
d. include for activation of any necessary components following key rainfall events for the device (i.e. for Stormwater 360, the design must include for activation of the siphon following a 5mm rainfall event over the catchment area.
Assessment of Request
The minor change application was referred to and reviewed by Councils Environmental Health Officer and Environmental Officer. Councils Environmental Health Officer investigated the proposed deletion of Condition 62 and agreed upon and deemed the use of the Stormwater360 and SPEL Puraceptor systems to be adequate for the stormwater and containment catchment of the site. The advice received by the engineers of the proposed systems to be used are as follows:
Stormwater rainfall influx may occur due to the limited overhang of the canopy, however, a Spel Puraceptor can be provided, in lieu of the blind sump, to capture stormwater rainfall infiltration into Fuel Dispensing Area (FDA) whilst maintaining a storage volume in the event of fuel spills. The FDA will be graded inwards (and bunded to prevent stormwater overland flow) to contain any fuel spillage at the fill area and bowsers (fail safe design).  The Puraceptor separates any stormwater and treats for hydrocarbons, prior to discharging stormwater to the uncovered forecourt stormwater pipe network, thus maintaining the storage volume in the event of fuel spills.
Gully pit filter baskets (SW360 Enviropods or similar) are proposed in the forecourt area to capture gross pollutants.  To address the hydrocarbons (as requested by Council) for the uncovered forecourt area, a Spel Stormceptor can be provided (inline or offline) prior to site runoff discharging to the filter cartridge treatment chamber located in the detention tank under the service shop.  The filter cartridges (SW360 Stormfilter or similar) will provide additional stormwater treatment for Total Suspended Solids, Total Nitrogen and Total Phosphorus reductions.
The spill containment capacity of the proposed Puraceptor (P.040.C1.2C) is 9,000L. This is the volume that is always available to hold spill even during rainfall. On top of this capacity the proposed unit has 14,400L working capacity so in another word it has the extra volume to operate fully functional even after it holds a spill. The capacity that it will take is 40 LPS.
The reduction in overhang of the canopy above the FDA area is therefore considered acceptable due to the advised capacity and design of the Stormwater360 and SPEL Puraceptor systems.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Environmental Health Officer
Environmental Officer
conclusion & reasons for decision
The advice received and agreed upon by internal Council specialists recommend the proposed minor change to be acceptable for the subject site, due to the proposed Stormwater360 and SPEL Puraceptor systems, that are considered to be adequate and acceptable for the development of the site. It is therefore recommend to delete condition 62 from the conditions of approval.
RECOMMENDATION
With regard to Application No. MCU16/0084.03, to make a minor change to an existing approval for (Retail Business Type 5 – Vehicle uses, Retail Business Type 2 - Shop & Entertainment & Dining Business – Type 1 – Food & Beverages) situated at 140-142 Eumundi Noosa Rd Noosaville Qld 4566 described as Lot 2 RP 173876, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 18 October 2017 decided to:
a.	Delete Condition 62.

Patrick Murphy
Coordinator Planning

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Tegekation to be retained in
accordance with Condition 8