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Cover Letter
Our ref: GC15-137-T05 Council ref: MCU19/0089 & OPW19/0160 + MCU19/0089.01 & OPW19/0160.01 15 January 2022 Noosa Council PO Box 141 TEWANTIN QLD 4565 Sent by email only—[email protected] Attention: Patrick Murphy Dear Sir/Madam CHANGE APPLICATION (MINOR CHANGE)—BP NOOSAVILLE, 52 AND 54 MARY STREET, NOOSAVILLE ON LAND NOW DESCRIBED AS LOT 21 SP322770—CHANGES TO CONDITIONS RELATING TO HOURS AND ADVERTISING DEVICES Our clients, PKA GROUP PTY LTD A.C.N. 652 564 675 and PAUL WESSEL PTY LTD A.C.N. 111 454 276, seek to change the existing approval over the abovementioned site pursuant to s78 (Making a change application) of the Planning Act 2016 (Act). The Act allows a person to apply to change a development approval after the applicant’s appeal period has ended. An application to change a development approval is referred to as a ‘change application’. We consider that the change application request would meet the test for a ‘minor’ change set out in Schedule 2 of the Act and as such would be a minor change assessed in accordance with s81 of the Act. The change application relates to Council’s Development Permit—dated 18 December 2019, subsequently confirmed via a ‘Generally in accordance’ (GIA) letter from Noosa Council dated 8 July 2021—MCU19/0089 & OPW19/0160 refer). The requested changes— (1) would not result in ‘substantially different development’; (2) would not include any prohibited development; (3) would not introduce impact assessment where the application was previously code; (4) would not introduce new grounds for assessment by a referral agency; and, (5) would not introduce a new or additional referral agency. The remainder of this letter explains the changes and the grounds for Council to approve the changes.
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REQUESTED CHANGE TO CONDITION 5—OPERATING HOURS
Condition 5 reads—
5. The approved use must not operate outside the hours of 5am to 10pm.
The applicant requests that commencement time of 5am be changed to 4am. Since
recommencing trading, BP Noosaville has regularly experienced people requesting service
as early as 4:00am. There is a significant demand for fuel, bait and other supplies associated
with locals on their way to go boating and fishing at this time.
Aware that the Council would be interested in the potential impact of noise on residential
amenity, our client has engaged MWA Environmental to review the matter. We attach the
MWA report as part of this application. It supports the earlier commencement and the
requested change to the condition and concludes that—
...the noise control recommendations of the approved noise report, including acoustic
barriers, would not have changed if trading from 4am were to have been originally proposed.
We therefore request that Council change the condition to read—
5. The approved use must not operate outside the hours of 4am to 10pm.
There is no need to change condition 7 limiting the hours of service vehicle movements.
ADVERTISING DEVICES
Approved devices
Conditions 103 to 114 relate to the advertising devices. The GIA letter refers to a signage
plan and signage elevations prepared by V Architecture.
Requested change
Our clients would like to change the signage elevations (Plan A-7001) with issue number 7,
as per the attached V Architecture drawing. There is very little difference between the two
drawing except that the small BP Helios signs would be illuminated. The helios logos sit
within the green LED strip lighting. If it were not for the helios logos the green LED lighting
would have been continuous. Given that, there is effectively no additional illuminated area.
The total area of the illuminated helios signs would be 1.84 m2 (four helios signs, each 0.46
m2).
CONCLUSION
We regard these two changes as having no appreciable adverse impact and trust that the
Council can agree to the minor change.
Could you now provide an application reference number and a link to make a credit card
payment for the application lodgement fee please.
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If you would like to discuss this matter, please call me on (07) 4151 6677.
Kind regards,
InsiteSJC
David Newby
Partner (Planning)
Enc.
Planning Act Form 5
Relevant Plans—Signage Elevations A-7001 7 prepared by V Architecture dated 20/12/20
MWA Environmental letter dated 17 December 2021
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