Negotiated Decision MCU16/0084

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	MCU15/0084
	
Author:	Glen Conforti -
	
Project Director:	Glen Conforti - Development Planner
	

APPLICATION DETAILS
Application Number:	OPW16/0157MCU16/0084
Applicant:	Denmac Nominees Pty Ltd
Representations Received Date:	
Original Approval Type:	Development Permit for Material Change of Use of Premises - Retail Business Type 5 - Vehicle uses, Retail Business Type 2 - Shop & Entertainment & Dining Business - Type 1 - Food & Beverages
Number of Submissions for Original Application:	Nil

PROPERTY DETAILS
Property Address:	140-142 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
RP Description:	Lot 2 RP 173876
Land Area:	2428.0000 Square Metres
Existing Use of Land:	2 x industrial tenancies and lunch bar tenancy

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Locality:	Noosaville Industry zone
Zone:	
Assessment Type:	Impact

BACKGROUND:
A Development Permit for Material Change of Use of Premises - Retail Business Type 5 - Vehicle uses, Retail Business Type 2 - Shop & Entertainment & Dining Business - Type 1 - Food & Beverages was issued on 17 November 2016.

At the time the application was publicly notified, no submissions were received.

The applicant suspended the appeal period on 6 December 2016 and made representations on 14 December 2016 to the development approval conditions.  The representations are detailed below but primarily relate to the nature and extent of the proposed use, car parking and permeable car spaces on site.

ASSESSMENT:

An assessment in relation to each of the submitted representations is provided below.

Condition 3 – Nature and Extent of Use

3.	The approved Gross Floor Area of the Convenience Shop is 100m².

Applicant’s Representation

The applicant considers the condition does not appropriately reflect the development as the condition separates the shop use from the service station use. The applicant suggests the following:

‘There is no intention to separate the two uses which operate as an integrated use. We also consider that the condition fails the reasonable or relevant test as it represents an unreasonable imposition on the development. Further, we consider that the condition modifies the development, such that it results in a different development than was applied for.’

We would also like to note that a modern-day service station provides a level of convenience and stocks essential products to support the local community. Therefore, it is not uncommon for a service station to include an ancillary shop.

The applicant requests the condition to be reworded as indicated below:
.
3.	The approved Gross Floor Area of the Convenience Shop is 100m² service station/shop tenancy is 200m².

Assessment of Representation

It is agreed that contemporary service stations provide convenience shopping for the community and is one integrated use. Therefore it is agreed to amend Condition 3 to the requested wording shown above.

Recommendation

It is recommended that Condition 3 be amended as per the applicant’s proposed wording.

Condition 14 – Car parking

14.	A minimum of 18 car parking spaces and 4 motor cycle parking 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:
a.	provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
b.	1 disabled parking space within the total.
17	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.	a dedicated pedestrian pathway along the northern boundary to provide a link between the Eumundi Noosa Road footpath and the building. The pathway must be clearly marked for pedestrian use.
b.	…
Applicant’s Representation

‘It is acknowledged that the proposal never included 4 motorcycle parking spaces. It was justified in the Traffic Report that motorcycles can utilise the car parks provided to allow flexibility of use on site.

The Noosa Planning Scheme Policy 26 – Motorcycle & Motor Scooter Parking discusses when the car parking layout is in a perpendicular configuration, a carparking space can accommodate two motorcycles.

Also, given the convenience nature of the proposal it is also anticipated to have a significant level of ‘drop-in’ visits by customers. Consequently, customers are predicted to only occupy a car park for a short period of time.

Based on the above, we request condition 14 be amended to include the following:

14.	A minimum of 18 car parking spaces and 4 motor cycle parking 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:
a.	provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
b.	1 disabled parking space within the total.’

Assessment of Representation

Agree.
In this instance, it is also agreed that ‘drop in visits’ would be the primary use of the car spaces and motor cycles could use car spaces without any negative impacts. One car space has also been removed as a result of Condition 17a which required the development to provide a safe pedestrian access from the footpath to the food and beverage use. It was envisaged the motor cycle spaces could be provided where the removed car space was near the new pedestrian access. However, the applicant has provided additional landscaping as an alternative to the front of the site, which is an acceptable outcome. The development is providing car parking sufficient for the intended use and meets the provisions of the Driveways and Carparking Code of The Noosa Plan and Condition 17a.

Recommendation

It is recommended that Condition 14 be amended as per the applicant’s proposed wording.

Condition 69 – Uncovered Forecourt Area

69.	All ground surfaces of UFA liable to contamination from vehicular activities must be constructed of impermeable materials, free of gaps or cracks. Suitable materials include asphalt, waterproofed, reinforced concrete or an approved equivalent.

Applicant’s Representation

Upon review of condition 69, it there appears to be a conflict with the approved landscape plans. The approved landscape plan, LP-01 Revision B dated 24.08.16, notes that permeable pavement is required for the car parks. The permeable pavement was only included in the design to comply with S2.6/O2 of the Landscape Code as outlined in Council’s information request. However, it was never desired to provide permeable pavement for the car parks. We consider that it is important to avoid contamination and the ground surfaces of the UFA should be constructed of impermeable materials. Therefore, we request that Council amend the landscape plans to remove the notation referring to ‘permeable pavement to visitor’s car parking’ in order to remain consistent with Condition 69.

Assessment of Representation
Agree. To clarity purposes it is agreed to delete reference to permeable car parking on the approved landscaping plan.

Recommendation
Agree to annotate the approved landscaping plan to remove reference to the permeable pavement.

Given the changes to the layout to include the pedestrian access and the change to car parking, Condition 2 is required to be amended to reflect these changes.

RECOMMENDATION

AGREE to the representations submitted in relation to Application No. MCU16/0084, situated at 140-142 Eumundi Noosa Rd NOOSAVILLE QLD 4566, and issue a Negotiated Decision Notice in accordance with the following:-

A.	Agree to amend Conditions 2, 3, & 14 to read as follows:-
Approved Plans
2.	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
DA02	10	Site Location Plan, prepared by Thomson Adsett	15/12/2016
DA03	7	Elevations 01, prepared by Thomson Adsett	19/09/2016
DA04	6	Elevations 02, prepared by Thomson Adsett	19/09/2016
LP-01	B	Landscape Concept Plan, prepared by Urbis as annotated by Council	24.08.2016
Nature and Extent of Approved Use
3.	The approved Gross Floor Area of the service station/shop tenancy is 200m².
14.	A minimum of 18 car parking 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:
a.	provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
b.	1 disabled parking space within the total.

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