Original source · versioned page text
Planning Report
Attached to the e-mail MCU16/0038 Development Application 139 Eumundi Noosa Road and 30 Lionel Donovan Drive Noosaville.
INSERT FRONT REPORT COVER PAGE
DEVELOPMENT ASSESSMENT REPORT
DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
Retail Business Type 4 Showroom (Automotive Parts and Accessories)
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Lot 4 on SP159610 & Lot 31 on SP170751
File Number: DF14124 15 April 2016
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 16 pages
Page 2
Project Urban – DF14124 15 April 2016
DOCUMENT INFORMATION
Project number: DF14124
Report prepared for: Inline Property Development Pty Ltd ATF Noosaville Service Centre Trust
DOCUMENT CONTROL
Revision # Date Prepared by Reviewed by Authorised by
Draft 31/03/2016 John McKennariey Peter Folker Peter Folker
Final 15/04/2016 John McKennariey Peter Folker Peter Folker
COMPANY DETAILS
Project Urban Pty Ltd
Suite 1 Corner Surf Road & Gardak Street
ALEXANDRA HEADLAND QLD 4572
Tel: 07 5443 2844
Email: [email protected]
Disclaimer Statement
Project Urban Pty Ltd retains ownership and copyright of the contents of this document including drawings, plans, figures and other work
produced by Project Urban Pty Ltd. This document is not to be reproduced in full or any part, unless separately approved by Project Urban Pty
Ltd. The client may use this document only for the purpose of which it was prepared. No third party is entitled to use or rely on this document.
This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply.
Development Assessment Report Page 2 of 17
Material Change of Use - Retail Business Type 4 Showroom
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 3
Project Urban – DF14124 15 April 2016
TABLE OF CONTENTS
1.0 APPLICATION SUMMARY.................................................................................................... 4
2.0 INTRODUCTION ................................................................................................................. 5
3.0 BACKGROUND ................................................................................................................... 6
3.1 PRIOR DEVELOPMENT APPROVALS ..........................................................................................................6
4.0 SITE DESCRIPTION .............................................................................................................. 7
4.1 SUBJECT SITE ................................................................................................................................................7
4.2 SURROUNDING LAND USES ......................................................................................................................8
5.0 PROPOSAL ......................................................................................................................... 9
6.0 STATE PLANNING INTERESTS ........................................................................................... 10
6.1 STATE PLANNING REGULATORY PROVISIONS...................................................................................... 10
6.2 STATE PLANNING POLICY ........................................................................................................................ 10
6.3 REFERRAL .................................................................................................................................................... 11
6.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS .............................................................................. 11
7.0 PLANNING SCHEME.......................................................................................................... 12
7.1 DEFINITION................................................................................................................................................. 12
7.2 LEVEL OF ASSESSMENT............................................................................................................................. 12
7.3 NOOSAVILLE LOCALITY PLAN AND CODE ............................................................................................. 12
7.3.1 Overall Outcomes.................................................................................................................................. 12
7.3.2 Specific Outcomes for the Noosaville Locality Code and the Industry Zone ................................ 13
7.4 PLANNING SCHEME CODES..................................................................................................................... 13
7.4.1 Business Uses Code............................................................................................................................... 13
7.4.2 Landscaping Code and Driveways and Car Parking Code ............................................................... 14
8.0 CONCLUSION ................................................................................................................... 15
SUPPORTING DOCUMENTATION
Architectural Plans prepared by Powe Architects
Development Assessment Report Page 3 of 17
Material Change of Use - Retail Business Type 4 Showroom
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 4
Project Urban – DF14124 15 April 2016
1.0 APPLICATION SUMMARY
SITE DETAILS
Address 139 Eumundi Noosa Road & 30 Lionel Donovan Drive,
Noosaville
Real Properly Description Lot 4 on SP159610 & Lot 31 on SP170751
Land Area 7,740m2
Local Authority Noosa Shire Council
Current Use Tradelink plumbing supplies, various vehicle mechanic related
tenancies, wholesale car sales and vacant land
PLANNING SCHEME DESIGNATIONS
Planning Scheme Noosa Plan
Locality Noosaville
Zone Industry
APPLICATION DETAILS
Applicant Inline Property Development Pty Ltd ATF Noosaville Service
Centre Trust
Application Type Development Permit for Material Change of Use
Proposal Retail Business - Type 4 Showroom (Automotive Parts and
Accessories)
Level of Assessment Impact
Referrals Not applicable
PROJECT TEAM
Town Planning Project Urban
Architecture Powe Architects
Development Assessment Report Page 4 of 17
Material Change of Use - Retail Business Type 4 Showroom
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 5
Project Urban – DF14124 15 April 2016 2.0 INTRODUCTION This Development Assessment Report has been prepared to support a Development Application for Material Change of Use. The application is for approval of Retail Business - Type 4 Showroom (Automotive Parts and Accessories) within an 800m2 tenancy within the proposed buildings approved by application MCU14/0102. The proposal has been discussed with Council’s senior planning staff (Kerri Coyle and Denis Wallace). The subject site is situated at 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville and is described as Lot 4 on SP159610 & Lot 31 on SP170751. The Noosa Plan includes the site in the Noosaville Locality and the Industry Zone. The proposal is subject to impact assessment. The purpose of this report is to describe the characteristics of the site and surrounding land uses, detail the proposed development and provide an assessment against the applicable planning provisions. This report should be read in conjunction with the accompanying covering letter, IDAS Development Application forms and Architectural Plans. Development Assessment Report Page 5 of 17 Material Change of Use - Retail Business Type 4 Showroom 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 6
Project Urban – DF14124 15 April 2016 3.0 BACKGROUND 3.1 PRIOR DEVELOPMENT APPROVALS On 9 June 2015, Council issued a Decision Notice approving a Development Permit for Material Change of Use for Industrial business Type 1 Warehouse; Industrial business Type 2 Production, alteration, repackaging & repairing; Retail business Type 2 Shop & salon; Retail business Type 5 Vehicle uses; Retail business Type 6 Hardware store; and Entertainment & dining business Type 1 Food & beverages and Development Permit for Operational Work (Signage). Subsequent changes to this approval have been granted. The approved site plan is included in Figure 1. Figure 1: Approved Site Layout Plan Development Assessment Report Page 6 of 17 Material Change of Use - Retail Business Type 4 Showroom 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 7
Project Urban – DF14124 15 April 2016
4.0 SITE DESCRIPTION
4.1 SUBJECT SITE
Figures 2 & 3 illustrate that the site is located in the established commercial and industrial areas
of Noosaville at the junction of Eumundi Noosa Road and Walter Hay Drive.
Subject Site
Figure 2: Locality Plan
The site has a total area of 7,740m2 which is comprised of 4,166m2 (Lot 4) and 3,574m2 (Lot 31).
The site is an irregular allotment with approximately 134m of frontage to Eumundi Noosa Road,
42m to Lionel Donovan Drive & 25m to Walter Hay Drive. The site falls gently towards the north
by approximately 3m in total. Only limited vegetation exists on-site, with a few minor areas of
vegetation located at the north eastern corner of the site to the Walter Hay Drive frontage as
well as at the rear of the existing industrial warehouse building on Lot 4.
Vehicle access to Lot 4 is currently provided via a separate left in – left out crossover to Eumundi
Noosa Road. Lot 31 does not currently have any vehicle access. There exists a pedestrian footpath
circumnavigating the site along the Walter Hay Drive and Eumundi Noosa Road frontages. The
site is encumbered by a sewer easement in favour of Council to the north of Lot 31 as well as a
stormwater easement at the south western corner of Lot 31.
Development Assessment Report Page 7 of 17
Material Change of Use - Retail Business Type 4 Showroom
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 8
Project Urban – DF14124 15 April 2016
Subject Site
The subject site is situated at <xxx> and described as Lot x on Spx.
Figure 3: Aerial image
4.2 SURROUNDING LAND USES
The subject site is situated within a well-established, industrial and commercial area. Adjoining to
the south of the site is a Hyundai vehicle sales premise, which faces away from the subject site
(large blank wall & transparent fence face the subject site). Adjoining the site to the east is a
further area of vacant, grassed land (28 Lionel Donovan Drive).
The site adjoins the Lionel Donovan Drive industry/commercial precinct, which contains a range
of motor vehicle sales and industry/warehouse/commercial type buildings and premises
including Bursons, Reece Plumbing, a car wash (Touchless Auto).
Development Assessment Report Page 8 of 17
Material Change of Use - Retail Business Type 4 Showroom
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 9
Project Urban – DF14124 15 April 2016 5.0 PROPOSAL This Development Assessment Report has been prepared to support a Development Application for Material Change of Use for an additional “showroom” use to that approved by Council reference: MCU14/0102. The application is for approval of Retail Business - Type 4 Showroom (Automotive Parts and Accessories). The application seeks the use of an 800m2 tenancy within the buildings approved by application MCU14/0102. The proposed Site Plan for the development has been amended slightly to allow for this 800m2 tenancy. In this regard, Tenancies 1 and 2 have been reduced in size to 420m2 each. These areas are indicative and will depend on the ultimate tenant for these tenancies. The proposed showroom land use in Tenancy 3 is to be generally limited to the display and sale of automotive parts and accessories. No elevations have been submitted with this application as these generally won’t change as a result of this proposal. Development Assessment Report Page 9 of 17 Material Change of Use - Retail Business Type 4 Showroom 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 10
Project Urban – DF14124 15 April 2016
6.0 STATE PLANNING INTERESTS
6.1 STATE PLANNING REGULATORY PROVISIONS
State planning regulatory provisions are state planning instruments that regulate development
and can apply to all or part of the state. The following regulatory provisions are in effect:
State planning regulatory provisions Comment
Draft amendment to the South East Queensland The site is included with the Urban Footprint.
Regional Plan 2009-2031 State Planning Regulatory Assessment against the regulatory provisions is not
Provisions applicable.
Guragunbah State Planning Regulatory Provision Not applicable
The site is not located within the Guragunbah area.
State Planning Regulatory Provision (adopted The Councils Adopted Infrastructure Charges
charges) Resolution reflects these provisions and which will
be applied to the development.
Yeerongpilly Transit Oriented Development State Not applicable
Planning Regulatory Provision The site is not located within the Yeerongpilly
Transit Oriented Development area.
Off-road motorcycling facility on State-owned land Not applicable
at Wyaralong The site is not located within the Wyaralong area.
State Planning Regulatory Provisions (Adult stores) Not applicable
The proposal does not include an adult store use.
South East Queensland Koala Conservation State Not applicable
Planning Regulatory Provisions The site is not located within a Priority Koala
Assessable Development Area or a Koala
Assessable Development rea.
Draft Palm Island State Planning Regulatory Not applicable
Provision 2015 The site is not located within the Palm Island area.
6.2 STATE PLANNING POLICY
From a review of the State Planning Policy (SPP) mapping, the following layers are identified as
being applicable:
Water quality – climatic regions – stormwater management design objectives; and
Natural hazards – flood hazard area (QLD floodplain assessment overlay & Local
Government flood mapping area).
The proposal triggers the receiving waters criteria. This matter was assessed as part of the
previous approval against the SPP Code: Water quality. The Water supply catchment in South
East Queensland criteria will not be triggered as the site is located in an urban area. Lastly, whilst
the site is identified as being of land constrained by acid sulfate soils (as per Council mapping), it
should be noted that it is above 5m AHD, as such, no further assessment is required.
Thus, the proposal will be consistent with the State Planning Policy.
Development Assessment Report Page 10 of 17
Material Change of Use - Retail Business Type 4 Showroom
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 11
Project Urban – DF14124 15 April 2016 6.3 REFERRAL The proposed development has been assessed against schedule 7 (Referral agencies and their jurisdictions) of the Sustainable Planning Regulation 2009 (the regulation). As such, it is not considered that the application will require referral. 6.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS The State Development Assessment Provisions (SDAP) set out the matters of interest to the state for development assessment, where the state assessment and referral agency (SARA) is responsible for assessing or deciding development applications as assessment manager or as a referral agency. The SDAP is not applied by local government in the assessment of development applications. As no referral is triggered by the application the SDAP are not applicable. Development Assessment Report Page 11 of 17 Material Change of Use - Retail Business Type 4 Showroom 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 12
Project Urban – DF14124 15 April 2016
7.0 PLANNING SCHEME
The Noosa Plan includes the site in the Noosaville Locality and the Industry Zone. An assessment
of the applicable provisions of the Noosa Plan has been undertaken below.
7.1 DEFINITION
Council’s senior planning offices have confirmed that the proposed development is defined under
the Noosa Plan as:
“Retail business – Type 4 Showroom” – Premises exceeding 250m2 gross floor area for the
display and sale of goods that are primarily of a bulky nature and of a similar type, including but
not limited to boats, electrical goods, bulk stationery supplies, caravans, furniture, floor coverings,
sporting equipment and apparel, motor vehicles, motor accessories and the like. The term
includes any associated sale of spare parts for such goods. The term does not include a large
shop.
Comment: The proposed development will be established in accordance with the above
definition and will be limited to the display and sale of automotive parts and accessories.
7.2 LEVEL OF ASSESSMENT
In accordance with Table 11.9 of the planning scheme, the proposal is subject to impact
assessment. An impact assessable application is subject to a “whole-of-planning-scheme”
assessment. From our review of the planning scheme, it is considered that the scope of this
assessment is appropriately covered by a detailed review against the following parts of the
planning scheme:
Noosaville Locality Plan and Code;
Business Uses Code;
Landscaping Code;
Driveways and Car parking Code
Details of the assessment against these parts are contained below.
7.3 NOOSAVILLE LOCALITY PLAN AND CODE
7.3.1 Overall Outcomes
The subject site is located within the Noosaville Locality and forms part of the Industry Zone. The
proposal has been assessed against the overall outcomes for the Noosaville Locality (as set out in
section 11.8.2 of the planning scheme) and is found to be generally consistent. The only item
that warranted further discussion in this regard is set out below:
“x) For the Industry Zone— land in this zone—
ii is protected for industrial functions including Industrial business Type 2 to the
exclusion of incompatible uses including Residential Uses, Community Uses,
Commercial business and most sport and recreation uses and Retail business
uses;… ”
Comment: At face value, the proposed use which sits within the ‘retail business’ cluster of uses, is
not supported by Overall Outcome x(ii) for the Industry Zone (as described above). It is
Development Assessment Report Page 12 of 17
Material Change of Use - Retail Business Type 4 Showroom
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 13
Project Urban – DF14124 15 April 2016
important to understand however, that this is a general outcome for the Industry zone which
needs to be viewed in the context of the detailed provisions.
That is, whilst the detailed provisions relating to the Industry Zone seek to generally restrict uses
to predominantly ‘industrial business’ uses, the planning scheme also permits ‘retail business’
uses in specific locations – such as the “Noosaville Auto Park” precinct. A showroom for vehicle
sales and/or the sale of spare parts for such goods is a consistent use and supported within this
particular precinct of the Industry Zone.
The proposed use, whilst not specifically being a vehicle sales premises, has a nexus with the sale
of vehicles (being the sale of spare parts and accessories) and is seen as a compatible and
complimentary use in this precinct. Further, the proposal will provide support to the other
automotive related businesses within the precinct and at 800m2, it represents only a minor
proportion of the total quantum of consistent uses in the precinct.
Also, the proposal supports the intent of the planning scheme, which seeks to orientate vehicle
sales uses away from the main surrounding roads because it offers an alternative compatible use
contained completely within a building on land which has a large frontage to Eumundi Noosa
Road. This intent would have been difficult to achieve had this site, which also fronts Lionel
Donovan Drive, been proposed for vehicle sales.
In all, it is considered that the proposed use is appropriate in light of the Overall Outcomes for
the Noosaville Locality and is supportive of the intent for development in the Noosaville Industrial
Zone.
7.3.2 Specific Outcomes for the Noosaville Locality Code and the Industry Zone
An assessment has been undertaken against the specific outcomes of the Noosaville Locality Plan.
The proposal complies largely by virtue of being proposed within one of the tenancies approved
under development approval MCU14/0102.
Although the proposed use is identified as an inconsistent use in this location, a showroom for
the sale of vehicle parts and accessories is seen as being compatible and consistent with
surrounding uses. In this regard, the proposal can be considered appropriate and not in conflict
with the intent of the specific outcome.
7.4 PLANNING SCHEME CODES
As outlined earlier, the following other planning scheme codes are considered to be relevant to
the application:
Business Uses Code
Landscaping Code
Driveways and Carparking Code
7.4.1 Business Uses Code
The proposed use is compatible with the existing character and nature of the surrounding
development and is a use that will compliment and support the immediate surrounding
businesses. The proposal will contribute positively to the Shire’s economy and employment. As
the proposal seeks to occupy a tenancy within an approved development (MCU14/0102), the
detailed requirements of this code have already been addressed, including signage.
Development Assessment Report Page 13 of 17
Material Change of Use - Retail Business Type 4 Showroom
139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 14
Project Urban – DF14124 15 April 2016 7.4.2 Landscaping Code and Driveways and Car Parking Code Landscaping has been approved as part of the proposed overall development of the site. As sufficient landscaping areas are provided and this proposal does not of itself require additional landscaped area, no further assessment of this code is necessary. The proposed land use will utilise the built form approved by MCU14/0102. The approved built form was assessed against these codes. No further additional assessment is considered to be required having regard to the nature of the application. In respect to the provision of car parking for the development with the inclusion of this additional proposed use and rearrangement of the tenancy areas, our calculation show that a total of 63 spaces is required (or 61 plus 8 motor cycle spaces). It is noted that the Site Plan contains 62 car spaces plus 8 motor cycle spaces, being the equivalent of 64 spaces. Hence, sufficient parking is provided. No further additional assessment is considered to be required having regard to the nature of the application. Development Assessment Report Page 14 of 17 Material Change of Use - Retail Business Type 4 Showroom 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 15
Project Urban – DF14124 15 April 2016 8.0 CONCLUSION This Development Assessment Report has been prepared on behalf of Inline Property Development Pty Ltd ATF Noosaville Service Centre Trust to support a Development Application for a Development Permit for a Material Change of Use for a Retail Business - Type 4 Showroom (Automotive Parts and Accessories) in respect of land at 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville, described as Lot 4 on SP159610 & Lot 31 on SP170751. The Noosa Plan includes the site in the Noosaville Locality and the Industry Zone. The proposal is subject to impact assessment. The application essentially seeks approval for 800m2 of showroom gross floor area, generally limited to the display and sale of automotive parts and accessories. This proposed land use will be located within the buildings approved by application MCU14/0102.03. The proposed use, whilst not specifically being a vehicle sales premises, has a nexus with the sale of vehicles (being the sale of spare parts and accessories) and is seen as a compatible and complimentary use in this precinct. Further, the proposal will provide support to the other automotive related businesses within the precinct and at 800m2, it represents only a minor proportion of the total quantum of consistent uses in the precinct. Approval of the proposed development is warranted. Development Assessment Report Page 15 of 17 Material Change of Use - Retail Business Type 4 Showroom 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville
Page 16
Page 17
5 LL Bl ela lag See Ma rele ours] en : OMRON Welter 8 Ome EhT:) | DFS GROUP |