MCU17/0530 Development Permit For Material Change Of Use - Entertainment & Dining Business Type 1 Food & Beverage At 34 Maple St Cooroy

MCU17/0530 DEVELOPMENT PERMIT FOR Material Change of Use  Entertainment & Dining Business Type 1 Food & Beverage AT 34 MAPLE ST COOROY

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/Application/MCU17/0530

Attachments	1.	Proposal plans

APPLICATION DETAILS
Applicant	Noosa Hot Bread Shop C/- Martoo Consulting
Proposal	Material Change of Use - Entertainment & Dining Business Type 1 Food & Beverage
Properly Made Date	27 September 2017
Information Request Date	25 October 2017
Information Response Date	6 November 2017
Decision Due Date	11 December 2017
Number of Submissions	0
PROPERTY DETAILS
Property Address	34 Maple Street, Cooroy
RP Description	Lot 2 RP 1866
Land Area	885m2
Existing Use of Land	Showroom
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy and Lake MacDonald
Zone	Business Centre Zone
Overlays	Heritage Overlay: Heritage Character
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 December 2017 regarding Application No. MCU17/0530 for a Development Permit for Material Change of Use - Entertainment & Dining Business Type 1 Food & Beverage situated at 34 Maple St Cooroy and:
Approve the application in accordance with the following conditions:
When Conditions Must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A100	B	Site Plan by Steve Campbell Design	29.10.2017
A300	B	Floor Plan by Steve Campbell Design	29.10.2017
A400	B	Elevations and Door and Window Schedules by Steve Campbell Design	29.10.2017
External Works
The Maple Street frontage must be upgraded. The works must be undertaken in accordance with an Operational Works approval and completed prior to the use commencing. The works must include in particular:
removal of the existing layback and reinstatement of the kerb and footpath;
removal of the existing island in the frontage of the adjoining property;
linemarking of the new on-street parking spaces. The spaces must be generally in accordance with drawing number A100 Revision B dated 29 October 2017 prepared by Steve Campbell Design.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
6am to 10pm Monday to Thursday;
6am to 12am Friday and Saturday;
6am to 10pm Sunday or any public holiday.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays.
Noise
External speakers or amplified music are not permitted.
Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all times.
Noise emissions from any new mechanical equipment associated with the development shall comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
Car Parking
The rear carparking and garaging area must be used for staff parking and deliveries only.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
Stormwater runoff from the development must be connected to the existing drainage system.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Site contamination
Within three months of the date of this approval a detailed site contamination assessment report prepared by a suitably qualified and experienced person in accordance with the procedures and practices detailed in the National Environment Protection (Assessment of Site Contamination) Measure 1999 (NEPM) must be prepared and submitted to Council.  The report must conclude:
whether any site contamination associated with the dangerous goods infrastructure within the road reserve is causing, or is likely to cause, ‘environmental harm’ (as defined under the Environmental Management and Pollution Control Act 1994); and
whether any site contamination associated with the dangerous goods infrastructure within the road reserve presents an occupational health and safety risk to workers involved in redevelopment of the site.
If the assessment report concludes that remediation and/or management strategies are necessary to avoid risks to human health or the environment, a proposed remediation and/or management plan must also be submitted to Council.  Any remediation or management plan involving soil disturbance must include a detailed soil and water management plan to prevent off-site transfer of potentially-contaminated soil or stormwater.
NB: It is mandatory for any contaminated land investigation documents, including investigation reports, validation reports and draft site management plans to be certified by an approved auditor and must have approval from the Department of Environment and Heritage and Protection (DEHP). DEHP have list of approved auditors.
Ensure that all disused underground hazardous chemical storage tanks comply with the requirements of the Work Health and Safety Regulations section 366, including.
Advise Workplace Health & Safety Queensland (WHSQ) that the tank(s) are no longer required and,
Within 6 months of the date of this approval, supply Council with certification from WHSQ that all underground tanks have either been removed or are decommissioned in accordance with the legislative requirements.
Within 6 months of the date of this approval the petrol bowser within the road reserve must be removed.
All works required in the road reserve must be re-instated to Council’s satisfaction and must be carried out in accordance with an Operational Works permit
Dedication
Within three months of the date of this approval a 1.50 metre wide strip extending across the full length of the frontage to Wimmers Lane is to be dedicated to Council as ‘Road’.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application relates to the use of 34 Maple Street Cooroy for the purpose of an Entertainment and Dining Business Type 1 – Food and Beverage. The applicant proposes to convert the existing building into a bakery and restaurant.
The front portion of the building facing Maple Street is to be utilised for display counters for the purpose of selling artisan breads, French pastries, coffee (roasted on site) and other baked goods.
A dining area is proposed to be situated to the rear area of the building, this area is approximately 155 square metres in area. The remainder of the existing building is to be utilised for a bakery, commercial kitchen, storage areas, cool rooms, office, cellar and toilets. A staff toilet area is proposed within an existing garage at the rear of the site.
As part of the proposal, the existing vehicle access onto Maple Street is to be removed and three additional parking bays provided in the Maple Street road reserve.
The applicant indicates that only small vans are needed to service the proposed use with around one to two deliveries a day and they will be able to utilise the existing carparking bays at the front of the site.
The existing garages at the rear of the site are to be retained and utilized by staff for carparking.
The proposed use is intended to be operated 6 to 7 days a week.
The application is before Council as it is recommended that conditions of approval require the dedication of 1.50 metres of land at the Wimmers Lane frontage and the removal of petrol bowsers and underground tanks associated with previous use of the land.
Figures 1 and 2 below detail the relevant proposal plans:

Figure 1: Site plan

Figure 2: Floor Plan

site detailS
Background
There are no previous development approvals applying to the site.
The site has historically used for a service station and garage and more recently for a showroom for power equipment sales and repairs at the front of the site known as Madill Garage Cooroy.
As a result of the historical use of the site a petrol bowser is situated on the road reserve and four tanks are situated underground. Two of the petrol tanks were filled with inert material in 1998. The remaining two tanks, each 4,500 litres, have not been decommissioned. The use of the petrol bowser and underground tanks continued until at least August 2011.
The site has been in the same ownership since 2015.
A pre-lodgement meeting was held on 14 August 2017. The proposed plans provided a range of uses including food market, bakery, office, café and outdoor dining.
During this meeting several concerns were raised with regards to the scale of development, increased floor area with regard to a shortfall in the provision of carparking on site, access and plot ratio. In response to the issues raised the applicant made modifications to the proposal and now proposes to locate all works within the existing building and utilise the building only for a restaurant/cafe and bakery.
Site Description
The site is a rectangular shaped lot located at 34 Maple Street, Cooroy and described as Lot 2 on RP1866. The site has an area of 884.95m2 and currently contains a single storey building.
The single storied building extends across the full extent of the Maple Street frontage and includes a vehicle access driveway that crosses the footpath. An awning and parapet also extend across the frontage typical of the country town character of the Cooroy main street.
The building extends across two thirds of the site with a rear service area including three service bays and manoeuvring area accessed from Wimmers Lane.
Figures 3 and 4 below provide a locality plan for the site:

Figure 3: Locality Plan

Figure 4: Locality Plan
Surrounding Land Uses
North: Commonwealth Bank
South: Wythes Real Estate
East: Opposite side of Maple Street – Post office and car park
West: Existing industrial premises previously used by Wimmers Soft Drink
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.
State and Other Statutory Instruments
State Planning Policy
The proposal has been reviewed against the State Planning Policy and due to the use of the existing building and infrastructure the proposal is consistent with the relevant requirements.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Act Regulation 2017 for the SEQ Development Area.
Contaminated Land
The site is included on the Environmental Management Register (EMR site id – 10234) due to the sites previous use as a Service Station. The proposal however does not trigger assessment or referral under the Planning Regulations 2017 as the Entertainment and Dining Business - Type 1 is not a sensitive land use and does not involve underground works.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Cooroy & Lake Macdonald Locality Code
Heritage Overlay
Business Uses Code;
Landscaping Code; and
Engineering Works Codes
The site is included in the Business Centre zone and in the Cooroy & Lake Macdonald Locality area in which a Type 1 Food & Beverages use is a consistent use which requires a Code Assessable application.
A review of the proposal against the Cooroy & Lake Macdonald Locality Code, Heritage Overlay, and Business Uses Code and against the provisions of the Landscaping and Engineering Works codes has been undertaken and the proposal is considered to meet the relevant requirements. Discussion of the pertinent issues is detailed below:
Car Parking
The site has previously been used for a service station, vehicle workshop and showroom. Based on the current use of the site as showroom and a floor area of 560 square metres, a rate of 1 space/50m2 of use area provides the site with a credit of 11.2 spaces, a further 3 spaces are available within the existing garages to the rear of the site providing for a credit of 14.2 spaces.
The applicant is also proposing to remove the existing layback, reinstate the kerb and footpath and provide three additional car parking spaces to the frontage of the property.
Under the Noosa Plan 2006, assessment of car parking requirements for Type 1 Food & Beverages in the Business Centre zone are undertaken in accordance with the following rate.
1 space per 20m2, or part thereof, of use area and outdoor dining area (excluding kitchen and food storage areas) on the property.
Use area is defined as:
use area means the sum of the area of the premises (exclusive of all walls and columns), including all storeys, used or intended for use for a particular purpose. The term excludes—
the areas (inclusive of all walls and columns) of any lift rooms, motor rooms, air conditioning or other mechanical or electrical plant or equipment rooms located at any topmost storey;
The areas of any staircases or liftwells;
The areas of any common foyer or arcade;
The areas of any public toilets; and
The areas used for the access, parking and associated manoeuvring of motor vehicles.
The proposal plans detail an internal area of 542m2. Of this area, 157m2 is to be used for the restaurant, 30m2 is associated with the bakery whilst the toilets, office and coffee roasting area comprise a further 50m2. The remaining areas on site are associated with the kitchen, food storage and common foyer areas.
Figure 5 below details the use areas which have formed the basis of the car parking assessment.

Figure 5: Use areas forming the basis of car parking assessment
Therefore, a total of 237m2 is applicable for car parking assessment which equates to 11.85 spaces.
Based on the existing car parking on site and car parking credits associated with the existing building and use the proposal therefore complies with car parking requirements as detailed by the Noosa Plan.
Heritage
The site is also mapped as being located in a Character Area under the Noosa Plan and the proposal seeks the following changes to the building:
Small existing door to Maple Street to be closed and replaced with a new fixed window to match existing windows. New rendered masonry to match existing.
New triangular fixed windows with black aluminium frame to be surrounded by zinc aluminium roof sheeting as existing to be fitted to the rear of the building.
The existing roller door to the rear of the building removed and replaced with sliding doors due to poor condition of roller door and issues with maintaining a clean food area.
The proposal generally seeks to re-use the existing building in its current form. The minor changes proposed are consistent with the Heritage Overlay as:
The original architectural style is maintained;
The saw tooth roof form is retained; and
Existing cavities of the building façade are to be filled with fixed glazing.
Wimmers Lane
Wimmers Lane widening
Specific Outcomes O4 and O5 of the Cooroy and Lake Macdonald Locality Code promote the use of laneways for access to new uses in Cooroy. In particular, Specific Outcome O5 is relevant to this development having deliveries from Wimmers Lane and reads:
Specific Outcome O5 - Access for new uses is only taken off a laneway where upgrading works are carried out to the laneway to enable the laneway to accommodate the anticipated levels of traffic.
Currently, Council does not have a strategy for the use of or for improvements to Wimmers Lane. However, Council has established a practice of requiring previous developments to dedicate 1.5m of land to Wimmers Lane road reserve or provide a Public Thoroughfare easement. Figure 6 below shows the location of the previous land dedications and approved Public Thoroughfare easement (yet to be developed). Council’s Infrastructure Planning and Design section indicates that a Pedestrian and Access study of Cooroy, which will include Cooroy’s laneways is likely to be undertaken in near future.

Figure 6: Location of dedications and public thoroughfare easement
The reasons for the previous dedications and public thoroughfare easement were:
A development required additional road width to provide safe vehicle access, being located on the corner of Wimmers Lane and Wattle Street;
a redevelopment immediately adjoining the development on the corner of Wimmers Lane and Wattle Street extended the road widening;
approval for the redevelopment of the lot abutting the subject site provided continuation of the road widening; and
the approved development on Emerald Street provided for a Public Thoroughfare easement to the rear of the site which extended the possibility to widen the Lane
Therefore, a 1.5m wide road widening is consistent with road widening required for other developments on the southern side of Wimmers Lane and a condition is recommended accordingly.
Underground petrol tanks and bowser
As a result of the historical use of the site a petrol bowser is situated on the road reserve and four tanks are situated underground. Two of the petrol tanks were filled with inert material in 1998.
An independent risk assessment for Large Dangerous Goods Location Operating on Council Footpaths and Lands - Daddows Cooroy Motors, 34 Maple Street Cooroy was undertaken on behalf of the Sunshine Coast Council by AECOM (dated 31 August 2011)
The AECOM report identified that there are significant life safety issues and substantial environmental risks associated with the facility at the subject site. It is also likely that there are a number of other sites throughout the Shire which present a similar risk attributed to previous use and associated dangerous goods infrastructure.
As a result of the findings of the report a Council Environmental Health Officer issued a Directive to Reduce Risk under Section 91 of the Dangerous Goods Safety Management Act 2001. The directive was issued on 15 December 2011 to the occupier of the land at the time.  The current land owner and occupier are different to the occupier that was issued the directive.
The directive included requirements for the occupier to:
permanently cease receiving bulk fuel deliveries to the underground storage system located on Council footpath;
permanently cease dispensing fuel from the pump located on Councils footpath to members of the general public;
permanently cease the dispensing of all fuels from the pump located on Council’s footpath;
provide written confirmation to Council’s Healthy Places Unit when fuel dispensing operations have ceased and decommissioning of the large dangerous goods location had begun;
effectively decommission the large dangerous goods location underground petroleum storage system in accordance with Australian Standards 1940:2004 and 4976:2008
At around this time the responsibility for the Dangerous Goods Safety Management Act 2001 was transferred from Council to the Workplace Health and Safety Queensland (WHSQ). A Council Environmental Health Officer provided WHSQ with a brief on 17 January 2012 which included the following advice regarding follow up work required for the site:
Decommissioning of the underground storage tanks system in accordance with relevant Standards and removal of pump and pipe work from the Maple Street, Cooroy foot path.
The Dangerous Goods Safety Management Act 2001 was repealed on 1 January 2012, from this date the Queensland Work Health and Safety Act 2011 regulated dangerous goods and major hazard facilities. This meant that local governments no longer regulated or enforced matters relating to flammable and combustible liquids under the Dangerous Goods Safety Management Act 2001. However, any directives issued prior to 1 January 2012 continued to apply and were to be actioned by WHSQ inspectors after this date.
Advice has been sought from WHSQ as to whether the underground tanks have been decommissioned. Additional advice was also sought regarding who has the on-going responsibility for complying with the requirements of the directive.
WH&SQ’s response includes the following advice:
…..do not believe there were any forced removal of tanks.
Under the Work Health and Safety Act 2011, the Person Conducting a Business or Undertaking (PCBU) in control of the fuel system is responsible for safely operating and maintaining the system including notifying WHSQ of its operation of a manifest quantity workplace (>2500 litres of petrol).
If the PCBU decides to no longer use an underground fuel tank, it is responsible for ensuring it poses no risk to persons by removing it so far is reasonably practicable. Otherwise it is responsible for notifying WHSQ of an abandoned tank if it has not been used to store fuel for up to 2 years or does not intend to use the tank again.
……..In terms of who is the PCBU, this may need to be determined by contractual arrangements between operators and land owners, contracts of sale etc and would be expected to be determined during due diligence checking as changes occur. WHSQ has had no further notifications since 2012 from this business address and a check in 2015 indicated Daddows no longer operated the site.
This application identifies that unresolved issues associated with the decommissioning of underground tanks presents a risk.
Dangerous goods infrastructure within the road reserve is associated with a previous use of the site. The current application before Council is the first application for a Material Change of Use of the site and provides the opportunity for conditions to be imposed requiring the removal of the underground tanks. The Planning Act 2016 requires that conditions included as part of an approval be ‘reasonable and relevant’.
Based on the advice from WHSQ, Council’s Environmental Health unit have advised that it is appropriate to include conditions to an approval requiring the PCBU to investigate and remove the underground tanks and petrol bowser
Due to the risk to the community and the resultant risk to Council associated with the presence of the underground tanks within the road reserve it is considered that it is reasonable and relevant for conditions to be imposed addressing the dangerous goods infrastructure. This application is the first Material Change of Use application for the site and will be the only opportunity for Council to address this matter through the Development Assessment process.
cONSULTATION
Referral Agencies
The application was not required to any Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers whose comments are included in this assessment of the application:
Development Engineering
Environmental Health
Property
conclusion & REASONS FOR DECISION
The application is for a consistent food and beverages use within the Business Centre zone triggering code assessment which generally complies with the relevant provisions within the Noosa Plan. The proposal benefits from car parking credits attributed to the previous use of the site however includes the provision of additional car parking within the Maple Street road reserve. The historical use of the site as a service station has resulted in dangerous goods infrastructure being located within the road reserve. It is reasonable and relevant for conditions to address the decommissioning of this infrastructure. It is also reasonable for a land dedication to allow for a future upgrade of Wimmers Lane.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws	x	Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services		Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning	x	Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 DECEMBER 2017

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