Original source · versioned page text
Material Change Of Use Application For Industrial Businesses, Service Station, Convenience Shop And Food Outlet (Tradies Cafe) At 139 Eumundi Noosa Rd & 30 Lionel Donovan Dv, Noosaville - MCU14/0102 & Operational Works Application For Signage - OPW15/0051
MATERIAL CHANGE OF USE APPLICATION FOR INDUSTRIAL BUSINESSES, SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET (TRADIES CAFE) AT 139 EUMUNDI NOOSA RD & 30 LIONEL DONOVAN DV, NOOSAVILLE - MCU14/0102 & OPERATIONAL WORKS APPLICATION FOR SIGNAGE - OPW15/0051 Document information Author Development Planner, Glen Conforti Planning & Infrastructure Department Index ECM/ Application/ MCU14/0102/ OPW15/0051 Attachments 1. Proposal Plans 2. Signage Plans APPLICATION DETAILS Applicant Empirica Developments C/- DFS Group convenience Proposal Development Permit for Material Change of Use for a Mixed Use Development comprising: Industrial Business Type 1 – Warehouse Industrial Business Type 2 – Production, alteration, repackaging & repairing Retail Business Type 2 – Shop & Salon (7-Eleven Convenience Store) Retail Business Type 5 – Vehicle Uses (Service Station) Retail Business Type 6 – Hardware Store Entertainment & Dining Business Type 1 – Food & Beverages (Tradies Café) Development Permit for Operational Works - Signage Properly Made Date 19 December 2014 Information Request Date 27 January 2015 Information Response Date 02 April 2015 Decision Due Date 4 June 2015 Number of Submissions 14 (1 objection and 13 in support) PROPERTY DETAILS Property Address 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville RP Description Lot 4 SP 159610 and Lot 31 SP 170751 Land Area 4166m² and 3574m² = 7740m² Existing Use of Land Lot 4 -Mechanical repairs, car sales yard and plumbing supply business Lot 31 - Vacant STATUTORY DETAILS SEQRP Designation Urban Footprint Locality Noosaville Zone Industry Overlays Natural Hazards Overlay – Low Potential Acid Sulfate Soils Assessment Type Impact Assessment RECOMMENDATION That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 26 May 2015 regarding Application No. MCU14/0102 for a Development Permit for Material Change of Use for a Mixed Use Development comprising Industrial Business Type 1 – Warehouse Industrial Business Type 2 – Production, alteration, repackaging & repairing Retail Business, Type 2 – Shop & Salon (7-Eleven Convenience Store), Retail Business Type 5 – Vehicle Uses (Service Station), Retail Business Type 6 – Hardware Store and Entertainment & Dining Business Type 1 – Food & Beverages (Tradies Café) and Application No. OPW15/0051 for a Development Permit for Operational Works for signage situated at 139 Eumundi Noosa Road and 30 Lionel Donovan Drive, Noosaville and: Approve the application for a Material Change of Use in accordance with the following conditions: PLANNING 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 DA-01-01 C Site layout, prepared by Powe Architects 20/03/2015 DA-01-02 E Site – Roof & Signage Location Plan, prepared by Powe Architects 1/04/2015 DA-02-01 B Floor Plans, prepared by Powe Architects 18/03/2015 DA-02-02 B Floor Plans, prepared by Powe Architects 18/03/2015 DA-03-01 C Elevations, prepared by Powe Architects 20/03/2015 DA-03-02 C Sections, prepared by Powe Architects 20/03/2015 SD-01 E Landscape Concept Plan and Section, prepared by DFS Group 27/03/2015 SD-02 E Landscape Concept Plan and Elevation, prepared by DFS Group 27/03/2015 SD-03 E Design Intent & Suggested Plant Palette, prepared by DFS Group 27/03/2015 The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works*. *(Refer to Advisory Note) Nature and Extent of Approved Use The approved Gross Floor Area of the Service Station is 123m². The approved Gross Floor Area of the Convenience Shop is 100m². The approved Gross Floor Area of the Entertainment and Dining Business – ‘tradies café is 90m² and 35m² of outdoor dining. In this regard the plans must be amended to meet this condition. The approved Service Station and Convenience Shop may operate 24 hours. The Entertainment and Dining Business is approved as a ‘tradies café’ and must not operate outside the hours of 5am to 6pm Monday to Sunday. At all times while the industrial businesses continue, retail sale of goods must remain an ancillary component to the use. The maximum area used for the purpose of display and retail sale of goods for an industrial use must not exceed 20% of the gross floor area. Building Height The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level. Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice. Landscaping The development must be landscaped in accordance with the approved site plan and landscape concept plans, Planning Scheme Policy PSP3 - Landscaping Plants and Guidelines and an Operational Works approval. In this regard the setback area to the Walter Hay Drive frontage must be densely landscaped to effectively screen the building generally as shown in Elevation B-B on the approved landscape concept plans. Building Appearance The northern roundabout elevation must incorporate painted graphics generally in accordance with that indicated on the approved plans. Performance Bond Security in the form of a cash bond or trading bank guarantee to the sum of $25,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions. Street Identification The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name. Water & Sewer Connections An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater). A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site. Fencing and Walls Any fencing to the road frontage must be set back at least 1 metre from the street boundary, and must have a minimum average setback of 2 metres to the street boundary. All land between the fence and the front property boundary must be densely landscaped. Community Management Statement Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment. All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice. ENGINEERING External Works The full frontage of the subject site to Eumundi Noosa Road and Lionel Donovan Drive must be upgraded generally according to the approved plans. The works must be undertaken in accordance with an Operational Works approval and must include in particular: construction of pedestrian concrete pathways in accordance with the requirements of The Noosa Plan and Council specifications. Where necessary the new pathways must be extended beyond the frontage of the site to achieve grades in compliance with the current standards and smoothly connect to existing adjoining pathway. adjustment to or the upgrade of any existing underground services where necessary replacement of any damaged sections of the existing kerb and channel installing new street signs and/or relocating existing signs as may be required in the final design removal of any redundant property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and seed/turf for grassed verges as necessary amendment and/or reinstatement of existing road linemarking undergrounding existing overhead electricity connections to the site in accordance with the conditions of this Decision Notice. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure. Site Access and Driveways A sealed access driveway must be provided from Eumundi Noosa Road and Lionel Donovan Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: driveway crossovers in accordance with IPWEAQ standard drawing SEQ R-051 the relocation or modification to any existing services affected by the driveway construction suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit driveways to warn motorists of pedestrian movement along the frontage streets Car Parking A minimum of 65 car parking spaces and 8 motorcycle spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular: provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code a minimum of 3 disabled parking spaces within the total. 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. Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site. Service Vehicles Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular: 4 HRV spaces regular access for a semi-trailer (refuelling vehicle). Pedestrian and Bicycle Facilities Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: a 2 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to Eumundi Noosa Road a 1.5m wide concrete footpath within the road verge for the entire length of the site’s frontage to Lionel Donovan Drive and extending to join to the existing footpath to the south-west. signage and lighting at strategic locations to direct people to building entries pedestrian refuge areas at strategic locations within the carpark to ensure safe and convenient congregating of pedestrians waiting to cross major access driveways. This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure. A total of 15 bicycle parking spaces and suitable end of trip bicycle facilities must be provided for the development. End of trip facilities must be provided at the following rate: 1 locker per 2 bicycle spaces 1 shower cubicle with ancillary change room per 10 bicycle spaces or part thereof. Stormwater Drainage The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with the Stormwater Management Plan – Report No F0002-AA007595-AAR-05 – dated 30 March 2015 prepared by Hyder. Stormwater Quality Management A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and the Bioretention Technical Design Guidelines (Water by Design, 2012), and must include in particular bioretention devices which: are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001 are provided with a free-draining outlet from the sub-soil drainage system swales which are designed in accordance with the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland. All stormwater quality treatment devices must be maintained in accordance with the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1). A copy of this document must be retained on the site together with the approved Operational Works drawings for the stormwater quality treatment system and a detailed life cycle costing of the system attached as an addendum. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Any proposed Community Management Statement required for the development must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets (Version 1) document and must include the full cost of maintaining the system in accordance with that document. Acid Sulfate Soils All works must be carried out in accordance with an Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works. *(Refer to Advisory Note) Electricity and Telecommunication Services Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications. Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction. Undergrounding of Existing Overhead Powerlines The existing overhead electricity connections to the site must be removed and any new connection service must be provided underground. Easements Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property. All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee. Earthworks and Retaining Walls All fill and associated batters must be undertaken in accordance with an Operational Works approval and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. Damage to Services and Assets Any damage caused to existing services and assets above or below the ground must be repaired: 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. ENIRONMENTAL PROTECTION – COMPLIANCE WITH GENERAL ENVIRONMENTAL DUTY WITH OPERATION OF SERVICE STATION* (refer to Advisory Notes) General Details must be submitted demonstrating how the Manifest Quantity Workplace (MQW) will comply with State interests (Workplace Health and Safety Queensland) for the design and operation of the service station. These details must be submitted and approved by Council’s Waste and Environmental Health Section, prior to the issue of a Development Permit for operational works. Upon completion of the service station works and prior to its use, certification must be submitted from a suitably qualified and experienced person (environmental consultant) confirming the works meet compliance required by Manifest Quantity Workplace. The operator of the service station must keep a copy of this development approval conditions relating to “Environmental Protection – Compliance with General Environmental Duty” on site, in a location readily accessible to personnel carrying out this activity. The operator of the service station must keep at the premises all records and documents required to be kept by a condition of this development approval, for a period of at least 1 year, and make the records and documents available for examination immediately upon request by a Council authorised officer. The operator of the service station must not change, replace or operate any plant or equipment installed, if the change, replacement or operation increases or is likely to substantially increase the risk of environmental harm. Any visible light released must be of the appropriate type, and be positioned to ensure spill and obtrusive light does not exceed the recommended values of AS 4282 “Control of the obtrusive effects of outdoor lighting”, so as not to cause an environmental nuisance at or beyond the boundary of the property. Notwithstanding any other condition of this development approval, this development approval does not authorise any release of contaminants that cause or is likely to cause an environmental nuisance beyond the boundary of the property. Material safety data sheets for all chemicals used and/or stored with the service station operations, must be kept on site and be readily available for reference by personnel. All instruments, equipment and measuring devices used for measuring or monitoring in accordance with any condition of this approval, must be calibrated, operated and maintained in accordance with the manufacturer’s specifications. All employees must be trained upon hiring and regularly updated as necessary on their legislative responsibilities in relation to the general environmental duties involved with the operation of this service station. The property must be supplied at both the Eumundi Noosa Road and Lionel Donovan Drive entry points, with an approved: Outer warning placard with the word HAZCHEM. Sign marked HAZMAT box inside both these front entry points containing an approved manifest of – name of occupier and address location of premises contact details of at least 2 persons who may be contacted in the event of a major accident plan of premises showing location of tanks, essential site services including fire services and isolation points of fuel and power, and all drains. type of underground tanks and their identification number or code type of fuels and capacities. Fuel storage The underground petroleum storage system (UPSS) must be designed by a suitably qualified and experienced person, and a copy of the design certification must be provided to Council prior to issue of development permit for operational works. The underground storage tanks must be designed and constructed of a standard not less than that required by AS1692 “Tanks for the storage of Flammable and Combustible Liquids”. A certificate of compliance shall be provided by the manufacturer of the tanks prior to use of the tanks. The underground tanks must be installed in accordance with AS 1940 and AIP Code of Practice CP4 Code of Practice for Design, Installation and Operation of Underground Petroleum Storage Systems. A Certificate of Compliance from a suitably qualified and experienced person must be provided to council prior to operation of the service station. All electrical wiring and equipment located in a hazardous zone including dispensers, must comply with relevant Australian Standards. A Certificate of Compliance from an approved electrical contractor must be provided to Council prior to operation of the service station. The underground tanks together with their anchorage and piping must be protected from corrosion by one or more of the following methods: approved long life protective coatings or wrappings corrosion resistant materials of construction e.g. FRP. Consideration must be given to the corrosion history of the area in the selection of type of protection to be used. Underground tanks must be separated from each other by not less than 150mm. Secondary containment for product piping must be double-walled piping with an interstitial space. The manufacturer is to provide a written specification and performance warranty certifying compliance with AIP Code of Practice. Monitoring of the interstitial space of the double walled tanks or product piping must be capable of detecting a release through either wall of the tank or product piping. A 6-monthly inspection program conducted by a suitably qualified and experienced person is required to monitor the following: the system is active leak detection measurements (e.g. liquid levels or pressure levels) are within manufacturer’s tolerances leak detection measurements are recorded any loses outside the manufacturer’s leak detection tolerances are to be reported to council in writing and the tank owner immediately. All pipe work and equipment must be located so that it is protected against impact damage from vehicles or mobile plant, and must not cause excessive stress where connected to the tank. The portion of the vent pipes located below ground for the underground tanks must: be located not less than 300mm below ground level be surrounded by clean washed sand be suitably protected if the area is subject to vehicular traffic be designed and installed to provide flexibility to accommodate settlement fall consistently back to the tank at a slope not less than 1 in 100 be of a size in compliance with AS 1940. The vent pipes for the underground tanks must terminate in an approved vertical or horizontal discharging vent cap not less than: 2 metres above the roof line 4 metres above the level of the ground covering the tanks 4 metres laterally from any opening into a building (e.g. window, door, ventilator, air-conditioner, mechanical vent intake, etc). The discharge end of a vent must be protected from the ingress of foreign material with a protective mesh or fitting and must discharge upwards. The free standing vent pipes must be protected from damage during normal operations. The pressure-vacuum vent must not be fitted to an underground tank. A free vent in accordance with AS 1940 must be fitted. The UPSS must not be commissioned until a suitably qualified and experienced person provides council with a written certification that the installation complies with the previously certified design. Following installation of the UPSS, an equipment integrity test must be carried out in accordance with the directions of a suitably qualified and experienced person, and a copy of the test certificate is provided to Council prior to use of equipment. Operational A Safety Management Plan must be developed and implemented for the operation and maintenance of the UPSS that includes both tanks and piping. The plan must include systems and procedures for preventing and monitoring for spills and leaks, and the appropriate response plan to these events. The management system must incorporate the following components: objectives and targets to comply with all relevant legislation hazard identification and risk assessment details of the UPSS design and installation details (tank sizes, contents, location of all relevant infrastructure) list of industry standards complied with for the design, installation and operation of the system plans of the system and site leak prevention measures loss monitoring procedures system maintenance procedures emergency spillage response plan loss investigation and notification procedures record keeping training requirements and records information on ownership and occupation of both the site and the UPSS, including specific contractual/franchise arrangements, defined responsibilities and relevant contact details. The safety management plan must be fully documented and made available onsite at the service station. The plan must be submitted to council prior to use of the service station. An Emergency Spillage Response Plan for spilt fuels and other hazardous materials must be developed as part of the Safety Management Plan and implemented at the service station. The plan will establish procedures to respond to identified hazards and to contain and dispose of spilt chemicals. All spilt materials must be contained to prevent the spread of the material, the affected area cleaned, and the material recycled, reused or disposed of in a manner that prevents contamination or further contamination of the ground surface, ground waters or soil. The plan must include but not be limited to the following matters: all actions to be taken by staff upon discovery of an incident activation of emergency shut-off systems use of spill clean-up kits covering of drain entrances and bunding of impacted waterways notification of emergency services where necessary an accurate set of drainage plans which identify all containment and treatment systems and all potential points of access to Council stormwater infrastructure. Drainage plans must clearly trace the flow of any potential spillage and shall identify the location of the outlet point (e.g. creek, river, etc). A copy of the drainage plan must be placed in the two (2) HAZMAT boxes for the use of emergency responders a flow chart providing an overview of actions to be taken in the event of a spill must be prepared and posted in a clearly visible location. It must include a list of emergency telephone numbers notification of council as soon as practicable where a spill presents actual or potential environmental harm (e.g. a spill that leaves the property and enters stormwater or natural drainage systems). Fuel dispensing area and forecourt All ground surfaces within fuel dispensing areas must be made of impervious material such as concrete or equivalent (asphalt is not suitable), and must be maintained free of gaps or cracks. All non-fuel dispensing forecourt surfaces not under canopy must be made of impervious material such as concrete or equivalent (asphalt is considered suitable for non-dispensing areas), and must be maintained free of gaps or cracks. Fuel dispensing areas must be clearly delineated from other forecourt areas by measures including but not limited to painted lines on the ground, roll-over bunds and/or different coloured concrete. Fuel dispensing areas must be designed so that no vehicle may be refueled outside the delineated areas. Drainage inlets located in the vicinity of the general forecourt area must be provided with signage indicating the fate of flow such as “flows to creek” or “flows to treatment system”. All hazards associated with bulk fuel delivery operations must be identified and managed and measures must be taken to prevent spills from entering Council’s stormwater infrastructure or otherwise leaving the site. Forecourts must not be hosed down or cleaned with the use of emulsifying detergents. Dry cleaning methods appropriate for forecourt include industrial class brooming, mechanical or powered sweepers, industrial vacuum units or absorbents. Leakage or spills of oils and/or other fluids from vehicles entering forecourt areas must be cleaned up as soon as practicable to prevent access of contaminants to stormwater drains. Spill kits must be provided and maintained in strategic locations. They must be appropriate in size, type and equipment to the identified hazards. Kits must consist of but not be limited to the following: oil absorbent materials impervious drain covers drip trays spades, funnels hydrocarbon compatible containers appropriate PPE. All dispensing installations must be provided with a clearly identified switch or circuit-breaker which will enable the power to be shut-off to all dispensing units at a location remote from any dispensing unit and easily accessible in an emergency. A prominent sign must be provided on or near the dispenser with letters marked at least 50mm high with the words “STOP ENGINE – NO SMOKING”. An installation in which a dispenser is operated by a customer under the observation of a central supervisor or attendant must incorporate the following features: a control console located within 40 metres of each of the units so that the operation of each unit by the customer is visible to the attendant either by direct vision or by means of a mirror or mirrors, or the equivalent a control console switch that will cut off the operation of each unit at any time a telephone at the control console for use in an emergency the dispensing unit must not be operable unless the attendant is on duty at the control console the delivery nozzle for any dispenser of fuel must be of a type that cannot be latched open during delivery (e.g. fuel caps, keys or any other device). The delivery nozzle for the dispensers must incorporate the following features: a device that automatically shuts off fuel flow when the level of the liquid in the receiving vessel reaches the end of the nozzle. must be so designed that fuel flow is shut off and remains shut off if the nozzle is dropped onto a non-resilient surface from a height of 250mm or greater. must incorporate a safety device (safety cut-out attitude valve) so designed that the fuel flow is shut off and remains shut off if the nozzle spout is tilted above horizontal from its normal operating position. nozzle/hose assembly must be capable of dissipating any static electricity charge generated during filling. Two (2) units of 9kg AB(E) dry chemical fire extinguishers must be provided for the fuel dispensing installation. The units must be spaced within the dispensing area in easily accessible positions. Spills and leaks from the dispensing area and tank filling point must be directed to a spillage control system with a holding tank capacity of at least 20,000 litres. The covered fuel dispensing area must be paved and graded such that any runoff is captured by the system. The design must ensure that stormwater does not ingress this area. Leak detection for fuel tanks All reasonable and practicable measures must be taken to prevent loss of containment from the UPSS. An approved leak detection system must be installed and operated at sufficient frequency, sensitivity and reliability to provide a high level of confidence that a release of a petroleum product will be detected in sufficient time for a response to be implemented before an unacceptable risk is posed to human health, property or the environment. As a minimum standard, all UPSSs are required to be monitored using a system that: can detect a leak from any portion of the UPSS uses equipment that has been installed, calibrated and commissioned in accordance with the manufacturer’s instructions is capable of detecting a leak at a rate of 0.76 litres per hour or more, with at least 95% accuracy and a probability of false detection of 0.05 or less (USEPA) has been certified by an independent third party consistent with the current USEPA protocols and system of verification reports with a frequency of not less than monthly is operated by a suitably trained person. Integrity testing UPSS The service station operator must establish, implement, maintain and review procedures for the maintenance, inspection and testing of UPSS. Procedures must ensure that equipment and infrastructure is maintained in accordance with manufacturer’s specifications and relevant Australians Standards. Equipment integrity tests of the UPSS is to be undertaken in accordance with the AIP Code of Practice at the following times: immediately before commissioning the new UPSS immediately following any upgrade to the UPSS immediately before installing a cathodic protection system on an existing tank immediately following installation of re-used equipment immediately following any equipment retrofit immediately following any repair to equipment where the leak detection systems indicate failure where there is only one method of leak detection system in use where there is evidence of a leak when requested by council. The results of the equipment integrity test must be provided to council when requested and must provide as a minimum the following information: equipment identification number location and date of test results of test and test method certification by and details of testing company or individual discussion, conclusion and any remedial actions proposed, implemented and timetable for compliance. Ground water monitoring wells The design and installation of ground water monitoring wells around the service station must be by a suitably qualified and experienced person. That person must provide the operator with a list of the industry standards that have been followed in connection with the design and installation. Copies of the design and installation certificates must be provided to Council prior to use of the service station. The number and location of the ground water monitoring wells must be determined by a suitably qualified and experienced person, with a view to maximizing the likelihood that the wells will intercept contaminated ground water whatever the ground water flow conditions. The ground water monitoring wells must be: installed and operational before use of the service station sealed to exclude surface water, clearly marked to indicate their presence and properly secured. The ground water in the monitoring wells must be tested for petroleum contamination within 30 days after either: the discovery whether by routine test or otherwise that ground water may be contaminated by petroleum originating from the property the discovery whether pursuant to the loss monitoring procedure for the system or otherwise that the system has a leak. Vapour recovery The design and installation of Stage 1 Vapour Recovery System to the service station must be by a suitably qualified and experienced person and comply with the following: installed for all fuel storage tanks to return vapour displaced during filling mixing of product must be prevented in pipework common to more than one tank spring-loaded vapour return adaptor that closes when the hose is disconnected must be installed in the top of the riser vapor recovery point must be located within 2 metres of the respective fill point. Establish, implement, maintain and review procedures for the operation and maintenance of the system. De-commissioning UPSS UPSS may be temporarily decommissioned for a period of up to 2 years. During this time the tank must be filled with water mixed with a water-miscible corrosion inhibitor (as per manufacturer’s instructions), or made safe by other approved methods in accordance with the relevant Australian Standards and Workplace Health and Safety Qld. Council must be notified when any tank is temporarily decommissioned. Before the tank can be reused that system must undergo equipment integrity testing to ensure tightness and certification submitted to council. Where more than 2 years elapses since a tank were decommissioned, the UPSS must be permanently removed in accordance with the relevant Australian Standards and Workplace Health and Safety Qld. Certification must be provided to Council confirming the UPSS de-commissioning was conducted by a suitably qualified and experienced person, and that removal, transportation and disposal was in accordance with the Standards and legislation. At the time of abandonment of any UPSS the site must be investigated for contamination. An assessment report must be prepared by a suitably qualified and experienced person to verify the site has either met remediation criteria or is suitable for continued and future use. The assessment report must be submitted to council no later than 60 days of either the: decommissioning of an UPSS if no soil or ground water remediation is required completion of any remediation associated with the decommissioning of an UPSS if remediation is required. All records associated with the decommissioning of UPSS must be maintained for a period of 7 years after removal of the UPSS. These records must be provided to future owners/operators of the service station and property, as part of ensuring all practicable measures have been implemented to prevent site contamination. Air The release of noxious or offensive odours or other airborne contaminants, including particles, smoke, fumes and aerosols resulting from the service station, must not cause environmental harm to any occupier of the property or beyond the boundary of the property. Noise The emission of noise from the service station operation must not exceed the levels specified in Table 1. TABLE 1 NOISE LIMITS AT A SENSITIVE RECEPTOR PERIOD Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (LAmax, adj,T) 7am – 6pm Background noise level (LAbg,T) plus 5 dB(A) 6pm – 10pm Background noise level plus 5 dB(A) 10pm – 7am Inaudible NOISE LIMITS AT A COMMERCIAL PLACE PERIOD Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T) 7am – 6pm Background noise level (LAbg,T) plus 10 dB(A) 6pm – 10pm Background noise level plus10 dB(A) 10pm – 7am Background noise level plus 8 dB(A) When requested by the administering authority, monitoring and recording of noise levels must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations at the premises. Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by the administering authority and be carried out by a suitably qualified and experienced person. Once completed, the results of such monitoring must be submitted to the administering authority for review. Water The service station operation must not be conducted in a manner that may cause the contamination of surface storm water run-off. Contaminants or contaminated water must not be directly or indirectly released from the premises or to the ground or water except for: Uncontaminated overland storm water flow. Uncontaminated storm water to the storm water system. Contaminants lawfully released to sewer. Waste Wastewater and other liquid waste must be discharged to sewer or transported to an approved hazardous waste facility. The operator must comply with the conditions of a current trade waste permit and/or conditions to collect and transport regulated waste to an approved hazardous waste facility. All solid waste must be removed to an approved waste facility by an approved waste transporter. A contaminant (including a waste) must not: be buried at the premises be in contact with soil at the premises directly or indirectly seep or penetrate into the soil all spent media and contaminants must be removed off site and disposed of at either a lined landfill or a hazardous waste treatment facility liquid waste, gas cylinders or hazardous fines must not be disposed of into an industrial waste bin. All reasonable and practicable measures must be taken to ensure the waste storage area is kept to a standard of cleanliness where there is no accumulation of: waste, except in waste containers recycled matter, except in containers grease other visible matter ENIRONMENTAL PROTECTION – WHOLE DEVELOPMENT Waste A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 Waste Management and Planning Scheme Policy 11, Waste Management Plans* must be submitted for the day-to-day operation of the development and approved by Council’s Waste and Environmental Health Section, prior to issue of development permit for operational works. (*refer to Advisory Notes) The Plan must include the following information: - the types of wastes that will be generated from the activities approved within the development estimated volumes or tonnage of both recyclables and waste generated methods to be used for dealing with garden waste initiatives to minimize waste either by waste prevention, reduction, re-use or recycling description of procedures for getting all waste to the bins; the storage of bins and the collection of bins by the contractor a description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and system to prevent storm water getting into sewer via the bin wash a description of types and volume of waste storage containers to be used the waste and recycling storage area shall include the provision of containers for all waste and recycling materials including putrescible matter, non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, Styrofoam boxes, etc, and bin washing facilities connected to sewer a detailed description of vehicular access to collect waste. Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction. A Waste Management Plan (Construction and Demolition) in accordance with Planning Scheme Policy No. 11 Waste Management Plans must be submitted and approved by Council’s Waste and Environmental Health Section, prior to issue of a development permit for operational works for demolition, removal or relocation of any building. Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use. (Refer to Noosa Council Waste Management Code) The Plan must contain the following information: the site area for the storage and separation of waste a waste management table as indicated below must be completed showing how waste material is to be segregated - recycled – reused or disposed. MATERIALS ON-SITE DESTINATION Re-use and Recycling Disposal Expected waste materials Estimated volume (m³) On-site *specify proposed re-use or on-site recycling methods Off-site *specify contractor and recycling outlet *specify contractor and landfill site or other disposal site Excavation material Green waste Bricks Concrete Timber-please specify Plasterboard Metals - please specify Asbestos Other - please specify Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor. The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Additionally Council rewards those who segregate waste by significantly reducing disposal fees at the landfill some items are free. Higher gate fees are charged for loads of mixed waste. B. Approve the application for Operational works for Signage in accordance with the following conditions: Advertising devices 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 DA-01-02 E Site – Roof & Signage Location Plan, prepared by Powe Architects 1/04/2015 DA-05-01 C Signage Schedule, prepared by Powe Architects 01/04/2015 Advertising devices authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for any civil works onsite. This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans. In this regard the plans must be amended to reflect the following: one freestanding pillar sign per frontage with a maximum height of 5m. Any pillar sign fronting Walter Hay Drive must be setback half its height from the boundary. tenant 1, 2, 3, 4 and 5 (as described on the approved plans) wall signs must not exceed a single sign face area of 4m² and a maximum total sign face area of 10m² each. one illuminated sign per frontage. The approved signs must not be used for the advertisement of goods and/or services not sold or conducted on the site (ie. third party advertising). The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements. Illumination The approved illuminated sign must not incorporate flashing lights nor involve illumination by any means other than: an internal light source a down light, if externally lit. Illumination resulting from direct, reflected or other incidental light emanating from the approved signs must not exceed a luminance of 300 candelas per square metre. All sign illumination must be switched off between 11:00pm and sunset of the following day except if a service station illuminated sign which may remain on during trading hours. All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view. Movement The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way. Maintenance The approved signs must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice. Cessation of Use The approved signs must be removed from the site upon cessation of an associated use. C. Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme: The convenience shop will fulfil a demonstrated need for convenience shopping within the area. The convenience shop is well located on Noosa’s major road network to capture some escape expenditure by servicing the convenience needs of the travelling public. There is a demonstrated need for a small ‘tradies café’ to service the workers of the industrial estate, without negatively impacting on surrounding uses. The ‘tradies café’ is suitably located to improve pedestrian accessibility to food offerings in the Noosaville industrial area. ADVISORY NOTES The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions: PLANNING Equitable Access and Facilities The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities. Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work: the Disability Discrimination Act 1992 (Commonwealth); the Anti-Discrimination Act 1991 (Queensland); and the Disability (Access to Premises – Buildings) Standards. Development Compliance Inspection Prior to the commencement of the use, please contact Planning Assessment to arrange a Development Compliance Inspection. ENGINEERING Building and Construction Industry (Portable Long Service Leave) Levy From 1 January 2000, the Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'. This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $150,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855. Co-ordination of Operational Works Assessment To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application. Preparation of a Preliminary Construction Management Plan The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works. To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme. In particular, the preliminary Construction Management Plan should address the following: traffic management during all aspects of the construction phase including: a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased proposed fencing to the site during the construction phase of the development maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures works programme identifying key components of the works and their respective durations establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues identification of complaint management procedures including: contact details for the on-site manager dispute resolution procedures details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense it is acknowledged that the Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project. Qualified Person For the purpose of preparing an Acid Sulfate Soil and Groundwater Management Plan, a qualified person is considered to be either: a Registered Professional Engineer of Queensland (RPEQ); or a soil scientist with a minimum of 5 years experience in the field of acid sulfate soils. ENVIRONMENTAL HEALTH Qualified Person For the purposes of these development approval conditions relating to “Environmental Protection – Compliance with General Environmental Duty with the Operation of the Service Station”, a “suitably qualified and experienced person” means a person who has such competence and experienced in relation to that activity as is recognised in the relevant industry as appropriate for that activity. A suitably qualified and experienced person includes personnel that have been trained, authorised and accredited by the manufacturer of a specific item of equipment and/or process. Only a suitably qualified and experienced person can test, repair and reset the equipment after a fault. Building Works Noise from building works shall comply with the following – Limited to between 6:30am to 6:30pm Monday to Saturday. All reasonable measures are taken to minimise noise emissions. Not permitted on Sunday or public holidays. Measurement of Noise Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either: (a) Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or (b) The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection. A qualified person is considered to be either: (a) a Registered Professional Engineer of Queensland, or (b) an environmental consultant with a minimum of 3 years current experience in the field of acoustics. Acoustic Advice & Design It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994. Attention should be given to the following (but not limited to): Building design and construction. Design, selection and installation of fixed plant and equipment. The location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc. The use of acoustic enclosures/screens around noisy plant and equipment. Operating times. Environmental Protection The service station operator should comply with the relevant provisions and regulations made under the Environmental Protection Act 1994 Act: Must comply with the general environmental duty (section 319). Must notify the administering authority of any environmental harm (section 320-320G). Not cause serious or material environmental harm (sections 437-439). Not cause an environmental nuisance (section 440). Not deposit prescribed water contaminants in waters and related matters (section 440ZG). Not place a contaminant where environmental harm or nuisance may be caused (section 443). The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot fines apply for such offences. It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9 explaining exactly how to predict waste quantities and design waste areas is available from Council and the web. Environmentally Relevant Activity (ERA) Where any part of the premises is proposed to be used for an industrial purpose defined as an environmentally relevant activity under the Environmental Protection Act 1994 (e.g. plastic manufacturer, etc), a separate development approval and registration is required prior to commencement of that use. Food Premises The following is required for the proposed food premises: Plans and application is to be made to Council’s Environmental Health Section for approval prior to any building approval, fitting out or use of the premises. A statement indicating the purpose of the food premises, type of food sold, proposed menu and maximum number of patrons at any time, is to accompany the application for plan approval. Construction and use of the food premises must comply with the Toolbox fixed premises fit out guide and the Food Safety Standards. See www.lgtoolbox.qld.gov.au Plans and approval is required for any mechanical exhaust ventilation system, which should comply with AS1668. A certificate from the installer certifying the system complies with the Standard must be obtained and lodged with Council prior to commencement of trade. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must obtain a Food License from Council, prior to use of those premises. REPORT PROPOSAL The application seeks approval for a Material Change of Use for a Mixed Use development comprising industrial businesses, a co-located service station and convenience shop operated by the 7-Eleven Group and a ‘tradies café. Figure 1 shows a perspective view of the development from Eumundi Noosa Road. The applicant also seeks a Development Permit for Operational Works for signage on the site. Material change of use Figure 1 - Perspective of the proposal Industrial Business Types 1 & 2, and Retail Business Type 6 are proposed within 4 industrial tenancies grouped to the east of the site. The applicant seeks flexibility of uses for future leasing of the industrial tenancies. Currently one tenant is identified as a tyre retailer. The tenancy sizes are: Tenancy 1 – 513m² Tenancy 2 – 527m² Tenancy 3 – 650m² Tenancy 4 – 600m² (proposed tyre retailer) The Retail Business Type 5 – service station and Retail Businesses Type 2 – convenience shop are to be co-located, being part of the 7- Eleven group. The internal layout of the fuel pay point and convenience shop is typical of that seen in contemporary service stations. The service station proposes 4 refuelling stations (8 pumps) and a fuel pay point and convenience shop area of 223m² being: Service Station portion – 123m² Convenience shop portion – 100m² Adjoining the service station and convenience shop is an Entertainment and Dining Business Type 1 – Food and Beverages which the applicant refers to as a ‘tradie café, having a floor area of 137m² and an outdoor dining area of 43m². The vehicle and delivery access points are left in and left out to the south bound Eumundi Noosa Road and duel access from Lionel Donovan Drive within the Noosaville auto-park. A total of 67 car spaces including 3 disabled and 8 motorcycle spaces are provided. Four loading zones and 28 bicycle spaces are located throughout the site. The development provides a total of 1152m² of soft landscaping comprising 6.5m to 10.5m of landscaping to the Walter Hay Drive frontage, 3m along most of the Eumundi Noosa Road frontage, except for in front of the ‘tradies café where 6m to 11m is proposed. Landscaping 2.6m wide is indicated for most of the Lionel Donovan Drive frontage except for either side of the vehicle access, where 7m to 12m is proposed. Figure 2 below shows the general layout proposed on site. Figure 2 - General layout plan with the proposed uses identified The Retail Businesses Type 2 – convenience shop and Entertainment and Dining Business Type 1 – Food and Beverages, ‘tradies café are inconsistent uses in the Industry zone and the applicant has provided a Traffic Impact Assessment prepared by Pekol Traffic and Transport and an Economic Needs Report prepared by Urban Analytics Australia (UAA) in support of the proposal. The application acknowledges the proposal must demonstrate sufficient grounds to justify the development’s conflicts with relevant planning instruments. Details and discussion of the grounds are included in this report. Operational Works For Signage The application seeks approval for Operational Works for Signage for the mixed use development. The applicant requests the following signs: Industrial premises tenant 1 = 1 x non illuminated wall sign, 8.4m² tenant 2 = 1 x non illuminated wall sign, 8.4m² tenant 3 = 1 x non illuminated wall sign, 8.4m² tenant 4 = 2 x non illuminated wall sign, 8.4m² each = 16.8m² total Service Station and convenience shop 3 x illuminated wall signs (2 x 1m² & 1 x 1.44m²) Entertainment and Dining use - Tradies Café 2 x non illuminated wall signs, 4.7m² each = 9.4m² total The site has a total of 3 illuminated freestanding pillar signs, 2 facing the Eumundi Noosa Road frontage and 1 facing Walter Hay Drive. The height and sign face area of the pillar signs are: Pillar 1(shared by Industrial tenants) – 6m in height, 9.4m² sign face area Pillar 2 – 6m in height, 3.6m² sign face area Pillar 3 – 3.98m in height, 0.9m² sign face area (service station price board on Walter Hay Drive frontage) site details Site Description The site comprises 2 existing lots, Lot 4 and Lot 30. Lot 4 is a triangular shaped 4,166m² lot with an existing L-shaped industrial and car sales yard building presenting to the Eumundi Noosa Road with car parking and a car sales display yard immediately adjoining the frontage. There is some existing fill to the northern part of the lot to accommodate existing buildings. The lot has a small unused frontage to Lionel Donovan Drive. The adjoining Lot 30 has 2 frontages, Lionel Donovan Drive and Walter Hay Drive. The 3,574m² lot is generally rectangular in shape with a rounded frontage to Walter Hay Drive and an odd triangular section to Lionel Donovan Drive. The lot has roughly 2.5m of diagonal cross fall from the Lionel Donovan Drive frontage to the north east corner of the Walter Hay Drive frontage. Figure 3 shows the site’s location and surrounding uses. Surrounding Land Uses The lots are located within the northern portion of the Noosaville auto-park which is between Eumundi Noosa Road, Eenie Creek Road and Walter Hay Drive. The Good Shepherd Lutheran College is diagonally opposite across Walter Hay Drive to the north east and the Venture Drive industrial precinct is located across Eumundi Noosa Road to the north west. Figure 3 - Locality map and surrounding uses assessment Instruments for Statutory Assessment Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development: State Planning Policies; the South East Queensland Regional Plan; State Planning Regulatory Provisions; any Structure Plan or Master Plan in place for declared areas; any Preliminary Approval Overriding the Planning Scheme for the land; the Planning Scheme for the local government area; and any Temporary Local Planning Instrument in place for the local government area. Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow. State and Other Statutory Instruments South East Queensland (SEQ) Regional Plan 2009 - 2031 The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan. State Planning Regulatory Provisions The following State Planning Regulatory Provisions apply to the application: SEQ Regional Plan Regulatory Provisions The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions Statutory Instruments – Planning Scheme The subject site is located in the Noosaville Locality and is zoned Industry. The Industrial Business Type 1 – Warehouse, Industrial Business Type 2 – Production, alteration, repackaging & repairing, Retail Business Type 5 – Vehicle Uses (Service Station) and Retail Business Type 6 – Hardware Store form the majority of the proposal and are identified as consistent uses within the zone. The Retail Business Type 2 – Shop & Salon (7-Eleven Convenience Store) and Entertainment & Dining Business Type 1 – Food & Beverages (Tradies Café) are inconsistent uses within the zone. The Planning Scheme allows 15% of the gross floor area of a service station to be used for the retail sale of goods. The proposed 100m² for retail sale of goods is 66m² greater than the permitted 15% (34m²) and is therefore considered a shop. The application is required to follow an impact assessable application process. Noosaville Locality Code Provisions The proposed industrial businesses, hardware store and service station uses comply with the relevant provisions of the Noosaville Locality Code. Inconsistent Uses In support of the convenience shop and ‘tradies café, the applicant submitted an Economic Need Assessment providing expenditure analysis and assumptions for the economic need for those uses. The applicant’s report identifies a primary and secondary trade area, worker take away expenditure, convenience shopping expenditure and a total quantity of sustainable floor area for both uses. The report also identifies locational constraints such as pedestrian connectivity to existing cafés and the Eumundi Noosa Road, as a major constraint for pedestrian movement when assessing the demand for the ‘tradies café. Overall the report suggests a strong economic need for both the convenience shop and ‘tradies café’. The applicant’s original report and it’s response to Council’s information request was reviewed externally on behalf of Council by Economic Associates. Economic Associates’ review is further discussed in the sections that follow. Relevant Overall Outcomes for assessment of the inconsistent uses include: 11.8.2 a) New uses and works are located, designed and managed to— i be compatible with other uses and works; ii maintain the safety of works; iii avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and iv avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition; Relevant Overall Outcomes specifically for the Noosaville Industry zone include: 11.8.2 y) For the Industry Zone—land in this zone— i. consists of the Noosaville Industrial Estate, being Noosa’s principal industrial centre; 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; iii. has high accessibility to arterial roads and the Bruce Highway; iv. does not accommodate uses that would harm the environment through excessive noise, odour, dust, or other waste; v. is developed in a fashion that does not detract from the character of its locality or impact on the major road network; vi. provides important industries and service-related businesses to the whole of Noosa, but particularly the coastal area and the north-east area of the former Maroochy Shire The Overall Outcomes do not anticipate or provide any real support for a co-located service station/retail convenience shop in the Industry zone. The applicant must therefore demonstrate a need for the inconsistent uses within the subject zone. Need for a development is commonly recognised as relating to community wellbeing. A development may be said to be needed if, on balance, it improves community wellbeing. Wellbeing may be improved by access to new services or facilities or a range of other ways. In addition, the new uses must be compatible with surrounding uses in terms of amenity, the environment and economics. Convenience shop The applicants’ Economic Assessment assesses the likely economic impact of the convenience shop on the surrounding centres, including Noosa Civic and Noosa Village Shopping Centre. It indicates that these larger centres have minor convenience shopping functions but concludes the proposal will have a negligible impact on those centres. Economic Associates, generally agrees and notes that a portion (roughly 25%) of convenience shopping expenditure would also escape the identified trade area and the proposal has the opportunity to capture this lost expenditure, being located on a major road. Economic Associates disagreed with some assumptions and some conclusions of the applicant’s report. However, Economic Associates’ own analysis using data provided in the applicant’s report and industry standard assumptions concluded there is an economic need for a convenience shop in the identified trade area with a negligible impact on surrounding centres. Benefit to the community Economic Associates indicate that major centres are not replacements for the traditional ‘corner store’ type convenience shops. The well-known reduction of ‘corner stores’ in many instances have been replaced by co-located convenience shops/service stations, which is now a well-established development model. In terms of real convenience shopping for local residents and workers in the industrial estate, the nearest convenience shop to the subject site was at Bushlands Shopping Centre which closed some years ago and has not been replaced. The IGA at Noosa Outlook Shopping Centre would provide an element of convenience shopping but is outside the trade area and would primarily serve the local Noosa Outlook residents. The nearest ‘traditional’ convenience shops are on Gympie Terrace and Weyba Road with two 7-Eleven shops located at Noosa Junction and Noosa Drive. These existing convenience shops are not convenient for users of the major road network (i.e. workers commuting to and from the Shire), industrial precinct workers and residents of some of Noosa’s fringe areas. Economic Associates advise that convenience shops are now commonly seen as an essential ancillary use to a service station. If the co-location of a 24 hour service station and convenience shop is to be accepted, a major arterial road traversing an industrial estate, such as proposed, is considered most appropriate and is considered to benefit the community and will, to some degree, replace the traditional ‘corner store’ missing from the surrounds of the subject site. Loss of Industrial land to convenience shop The convenience shop (100m²) represents approximately 1.3% of the site area and a negligible portion of the available Noosaville industrial land. Given the very minor loss of industrial land (including cumulatively), it is unlikely to have a negative impact on the availability of industrial land in Noosaville. Operating hours The applicant indicates the 7-Eleven service station and the convenience shop would operate 24 hours. The Planning Scheme does not prescribe operating hours for the Industry zone. Given the site is within the Industry zone and the nearest residential use is roughly 350m – 400m from the subject site; the 24 hour operation raises no concern. Entertainment and Dining Business Type 1 –Food and Beverages The applicant consistently refers to this use being a ‘tradies café proposed to service the workers of the Noosaville industrial area. Both the applicant’s report and Council’s peer review by Economic Associates agree it is unlikely the take away food outlets in Noosa Village and Noosa Civic are competition for the proposed ‘tradie café. The existing lawful take-away food outlets in the Noosaville industrial area are identified in the Table 1: Table 1 - Industrial area food outlets Café/food outlet Location Distance from proposed ‘tradies café’ (approx.) Hardwork Cafe Corner of Venture Drive and Project Avenue 250m (across Eumundi Noosa Road) Noosaville Snack Bar 140-142 Eumundi Noosa Road 45m (across Eumundi Noosa Road and opposite the subject site) Rene Street Snack Bar The top end of Rene Street 600m The café’s identified in Table 1 above are the most likely to be affected by an additional café in the area. The applicant justified the need for the ‘tradies café in their report by analysing worker expenditure on lunches. By estimating worker expenditure for a defined area a sustainable quantity of floor area can be determined using a retail density turnover formula. Economic Associates disagrees with the worker expenditure pool indicated by the applicant’s report and the sustainable quantity of floor area for Noosaville it suggests. In Economic Associates’ opinion the expenditure pool would be roughly half that the applicant’s report estimates, given the level of worker expenditure available. However, Economics Associates suggests there is a demonstrated need, but not for the scale of the proposed ‘tradies café. It indicates a supportable floor area, given the available workers expenditure, would be for a ‘tradies café with a GFA of 90m² or less and an outdoor dining area to a maximum of 35m². This would also be commensurate with existing take away food outlets in the industrial area and the requirements for a ‘tradies café. The applicants report also segmented the Noosaville industrial area into 3 catchments, shown in Figure 4 below, using Eumundi Noosa and Eenie Creek Road and suggests the existing take away food outlets are not conveniently located for workers in the auto-park area because of road constraints and distances. Figure 4 – Segments suggested by applicant - aerial view The supportable quantity of floor area suggested by Economic Associates can be dispersed throughout a given area. Economic Associates agree good planning principles support the notion that Eumundi Noosa Road and distance reduce worker accessibility, and the existing take away food outlets are not particularly well located for workers in the immediate Lionel Donovan Drive catchment. In summary, lack of pedestrian accessibility in the Noosaville industrial area suggests the proposed ‘tradies café is well located to benefit workers within the auto-park and to an extent the workers in surrounding industrial area. The level of worker expenditure suggests the proposed ‘tradies café at a reduced scale than proposed, will be sustainable without negatively impacting on the existing take away food outlets. The use is therefore supported subject to a recommended condition limiting its size to 90m² GFA and 35m² of outdoor dining area. Operating Hours - ‘tradies café The applicant requests trading hours from 5am to 10pm. However, a need has only been demonstrated for a ‘tradies café that will service the workers of the industrial precinct. The requested hours are not warranted given the demand for food and beverages would be busiest early morning, around mid-morning and at lunch time to early afternoon. The operating hours should be restricted to the general operating hours within the industrial estate to ensure a true ‘tradies café is retained. A condition is recommended that operating hours are between 5am and 6pm, Monday to Sunday. Whole development Setbacks The proposal meets the setbacks required by the Planning Scheme except to the Walter Hay Drive frontage. The Planning Scheme requires a 10m setback to this frontage with car parking being acceptable in the setback when 2m of landscaping is provided. The proposal indicates a fully landscaped building setback to this curved frontage of between 6.5m and 10.5m. The proposed setback raises no concern as it is sufficient to provide good landscaping to screen the bulk of this elevation and will continue the vegetated character of this part of Walter Hay Drive. Land Use & Works Provisions The following codes which regulate land use and design are most applicable to this application: Business uses Code Landscaping Code Engineering Works Codes The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below: Landscaping The Landscaping Code requires a total 15% of the site be landscape area. The applicant has provided the 15% or 1,152m². The proposed landscaping setbacks exceed that required by the Code with 3m of garden along most of the frontage to Eumundi Noosa Road and a minimum of 2.5m to Lionel Donovan Drive. Landscaping in front of the ‘tradies café is substantial being approximately 6m to 7m. Traffic The applicant provided a Traffic Impact Assessment by PTT which assessed the relevant roundabouts, site access design, sight distances, refuelling deliveries, turning paths and queuing of the development. The applicant’s traffic report and subsequent response to further information were peered reviewed for Council by Beard Traffic Engineering, who advises the development meets relevant Australian Standards and the Planning Scheme requirements. Car parking Given the mix of uses onsite, the car parking calculation was determined by those uses that generate the highest car parking rate. In this regard the Planning Scheme requires 67 spaces. The applicant complies with the required car parking, by providing: 65 spaces including 3 disabled spaces and 8 motorcycle spaces (4 spaces = 1 car space) as permitted by the Planning Scheme Policy 26 – Motorcycle and Motor Scooter Parking cONSULTATION Other Referrals The application was forwarded to the following internal Council specialists: Engineering Officer Environmental Health Officer Environment Officers Principal Strategic Planner Public Notification The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. 14 properly made submissions were received being 1 objection and 13 supporting the development. The following table provides a summary and assessment of the issues raised by objecting submitter. Issues Comments Not sufficient car parking for the proposed tyre and mechanical store. The development complies with the overall number of car spaces required under The Noosa Plan. Specifically, the tyre and mechanical use requires 13 spaces under the Planning Scheme. The proposal indicates 12 spaces including a disabled space directly adjacent to its tenancy. The site will be a traffic nightmare. The car parking, traffic generation and access arrangements for the development has been peered reviewed for Council and considered to meet all requirements of the relevant Australian Standards and The Noosa Plan and will not cause traffic problems. There is an oversupply of tyre shops in Noosaville. The Noosa Plan does not limit the number of tyre and mechanical stores in Noosaville. It is for the market to determine. Concern with the large volume of fuel being stored in close proximity to a school. Good Shepherd Lutheran College is located diagonally opposite the site. Extensive Environmental Health conditions are recommended to ensure the safety of surrounding uses and the service station incorporates best practice facilities. Spoilt for choices for take away food and fear for the financial viability of current local retailers. The applicant submitted an economic need assessment which has been peer reviewed and concluded the Noosaville area could support a ‘tradies café, based on the industrial area workers expenditure pool and the location of existing food outlets. Operational Works for signage The Advertising Devices Code allows the following: a total sign face area of 10m² per premises no sign exceeding a single sign face area of 4m² per premises 1 pillar sign per frontage 1 illuminated sign per frontage. The proposal plans indicate 5 signs with a sign face area of 8.4m² each for the industrial tenancies, 2 pillar signs (both exceeding the 5m height permitted) and 4 illuminated signs fronting the Eumundi Noosa Road which do not comply with the Probable Solutions of the Advertising Devices Code and require to be assessed against Specific Outcome O6 of the Code which is set out below: O6 - Advertising devices respect the scale and nature of surrounding development and contribute positively to the visual amenity, streetscape, landscape setting and natural and built environment of where the advertising device is placed. A number of the proposed development signs comply with the Code and raise no concern but the extent of illumination; number of pillar signs and individual sign face area of some are of concern. Two pillar signs and 2 small 1m² awning face signs are illuminated. The 2 small signs are on the refuelling canopy and will be prominent. The Noosaville auto park is well lit but that is not the predominate character of the surrounding industrial estate. The service station’s forecourt will be well lit with essential lighting and the additional illuminated signage is not considered necessary. The quantity of signage illuminated will adversely affect night time visual amenity and is not supported. A condition is recommended to limit illuminated signage to 1 illuminated sign per frontage. The proposal plans indicate 2 x 6m high pillar signs to the Eumundi Noosa Road frontage. The Advertising devices Code prescribes a 5m height limit and 1 pillar sign per frontage. It is acknowledged that not all pillar signs in the auto park comply with the 5m height requirement, but generally, pillar signs elsewhere in the industrial estate do not exceed 5m in height. The number of pillar signs is generally 1 per frontage in the surrounding area. The development is located prominently and the additional pillar sign and height is not considered warranted. A condition is recommended to reduce the height of the sign and to permit only 1 pillar sign on each frontage. Some proposed wall signs are greater than 2 times the permitted size, which will adversely impact on the streetscape and visual amenity of Eumundi Noosa Road as the signs are inconsistent with the predominate character of signage in the area. The signs would be clearly seen from the Eumundi Noosa Road at 4m² and do not warrant any increase in area. A condition is recommended to reduce the size of the wall signs. conclusion The majority of the development’s uses are consistent in the Industry zone and its built form, layout, car parking and landscaping all comply with The Noosa Plan. The applicant has demonstrated a need for the convenience shop and the ‘tradies café. The convenience shop will fill a demonstrated gap in convenience shopping in the locality and attract some of the current escaped expenditure from the area. The ‘tradies café, at a smaller scale, will not negatively impact on surrounding businesses, will improve worker amenity by providing easier pedestrian accessibility and add to the lunch time offerings in the area. The following grounds are considered sufficient to overcome the conflict with the Planning Scheme for the inconsistent uses: The convenience shop will fulfil a demonstrated need for convenience shopping within the area. The convenience shop is well located on Noosa’s major road network to capture some escape expenditure by servicing the convenience needs of the travelling public There is a demonstrated need for a small ‘tradies café to service the industrial estate workers of the industrial estate, without negatively impacting on surrounding uses. The ‘tradies café is suitably located to improve pedestrian accessibility to food offerings in the Noosaville industrial area. The extent of illuminated signage, number and height of the pillar signs to the Eumundi Noosa Road and the size of some of the wall signs do not comply with the Advertising Devices Code. When conditions are included to reduce these aspects of the signage proposal, the proposal complies with the relevant provisions of the Advertising Devices Code and is recommended for approval. Departments/Sections Consulted: X Community Services X Planning & Infrastructure Disaster Management & Public Order Building & Plumbing Services Waste & Environmental Health DA Planning Community Facilities Strategic Land Use Planning Cultural Facilities Asset Design & Investigations Asset Planning Civil Operations Environment Executive Office Corporate Services Community Engagement Finance Customer Service ICT Executive Support Procurement & Fleet Governance Property & Facilities Human Resources Revenue Services [word/footer1.xml] Page 1 of 35 [word/header1.xml] 3 [word/header2.xml] PLANNING & ORGANISATION COMMITTEE MEETING REPORT 26 MAY 2015 [Attachment: image2.png (image text)] Service s in convemerce shop \_
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
Large file: the download may take up to a minute.
Searchable page text hides email addresses. Original files are unchanged and may show email addresses.