2 137996_Planning Report Final_14.12.17

                                                                                        TOWN PLANNING REPORT
                              Development Permit for Material Change of Use for Service Station, Shop and associated
                                                                         Operational Works for an advertising device




5.0          Key Performance Outcomes
5.1          Use
The Noosa Plan defines Retail Business Type 5 (Vehicle Uses) as the use of premises for the retail sale of
petrol, diesel or any derivatives products or the use of premises for the hiring of motor cars, trucks, motorcycles,
mopeds, boats or other registered vehicles. The term includes a service station and a vehicle hire premises.
However, the definition does not necessarily contemplate retail sale of convenience items to the extent sought
by this proposal. Therefore, it is acknowledged that a new Material Change of application is required for the
Retail Business Type 5 (Vehicle Uses) and Retail Business Type 2 (Shop and Salon), as proposed by this
application.

To this effect, the proposal seeks approval for a service station with an ancillary shop and associated
advertising device (pylon sign). Whilst we acknowledge that the proposed service station is considered a
consistent use within the Industry Zone, the nature of the ‘shop’ component is deemed to be inconsistent
pursuant to Specific Outcome O189 of the Noosaville Locality Code. While this reference is acknowledged, it
should also be recognised that this shop proposal is intrinsically associated with the service station and is
therefore a food outlet that does not compromise its compliance with the subsequent Specific Outcomes O190
and O191 of the Noosaville Locality Code, insofar as the proposed shop component is a strictly ancillary use
that is compatible with the service station use and is designed and operated to avoid significantly changing the
amenity enjoyed by users of surrounding premises.

As acknowledged within the pre-lodgement meeting held with Council officers, it is noted that the modern-day
service station incorporates a retail component that is ancillary to the development and often takes the form of
a small store for the sale of convenience goods to the customers that are there for the primary purpose of
refuelling their vehicles.

5.1.1        Suitability of ‘Shop’ use:
The proposed shop use is wholly contained within the single service station building, with no separate
tenancies proposed. The trigger for the Retail Business Type 2 use only results from the size (m2) of the shop
use. Given the sale of goods will occur in an area of approximate 123m2, this is larger than the typical service
station shop expected within Noosa Shire Council. It is not however, any larger than service stations approved
within other LGAs and reflects a standard service station operation.

Probable Solutions S83.1 of the Noosaville Locality Code – Specific Outcomes and Probable Solutions for
the Industry Zone states:
S83.1 The gross floor area used for the associated retail sale of goods is limited to 15% of the gross
floor area

The primary use of the site is for the sale and delivery of fuel. The service station and the associated shop
tenancy contain a total 223m2 of GFA. The shop component of the proposal comprises more than 15% of the
GFA of the service station (but not total use area) and therefore does not strictly comply with S83.1. The
proposal does however demonstrate compliance with the relevant Specific Outcome which states:
O83 The associated sale of goods, including foodstuffs, is ancillary to the service station use.

The scale of the proposed shop is intended to provide a desirable level of convenience for existing fuel patrons,
rather than creating a standalone store which is designed to independently service the surrounding residents
and businesses. The ancillary shop only supports the function and operation of the service station and is not
considered as the primary use of the site.




   PR137996-1 | FINAL | 14/12/2017                                                                               13