Council Planning Report MCU16/0066

MCU16/0066 & OPW16/0133 - representations to conditions - DEVELOPMENT APProval FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET AND OPERATIONAL WORKS FOR SIGNAGE AT 6 TAYLOR COURT, COOROY
Document information

Author	Development Planner, Lisa Pienaar
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0066 & OPW16/0133

Attachments	1. 	Applicant’s Representations to Conditions

APPLICATION DETAILS
Applicant	Hass Holdings Pty Ltd Tte
Proposal	Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages
Property Address	6 Taylor Ct COOROY  QLD  4563
RP Description	Lot 3 SP 197517

RECOMMENDATION
That Council note the report by the Development Planner to the Planning and Environment Committee Meeting dated 11 July 2017 regarding representations to conditions of approval for Development Permit for Material Change of Use of Premises comprising Retail Business Type 5 - Vehicle Uses (Service Station), Entertainment & Dining Business Type 1 - Food & Beverages (Fast Food Outlet), Retail Business Type 2 – Shop (Convenience Retail) and Operational Works for signage on vacant industrial land on the corner of Taylor Court and Holts Road, Cooroy, and
A.	Approve the request to change conditions 2 and 27 e) to read as follows:
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
DA-02	P5	Site Plan, prepared by Red Dog Architects	19/10/2016
DA-05	P5	North Elevation, prepared by Red Dog Architects	19/10/2016
DA-06	P5	South Elevation, prepared by Red Dog Architects	19/10/2016
DA-07	P5	East & West Elevations, prepared by Red Dog Architects	19/10/2016
DA-08	P5	Signage Plan, prepared by Red Dog Architects	19/10/2016

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 the Queensland Urban Drainage Manual, and must include in particular:
e) 	A stormwater quality treatment system. The stormwater treatment must generally be in accordance with the Stormwater Management Plan for Highway Service Centre Cooroy, project number 161968 by Covey Associates, dated October 2016 except where alteration to the inclusion of proprietary water quality treatment devices are necessary to achieve the following objectives as predicted in MUSIC modelling in accordance with the Water by Design MUSIC modelling guidelines.
	State Planning Policy	SEQ Water Development Guidelines: Development Guidelines for Water Quality Management in Drinking Water Catchments (SEQ Water 2012)
Total Suspended Solids	90% reduction compared to an unmitigated development	No increase in pollutant loads compared to a Vacant Industrial Allotment
Total Phosphorous	60% reduction compared to an unmitigated development	
Total Nitrogen	45% reduction compared to an unmitigated development	
Where proprietary water quality treatment devices are included within the stormwater quality treatment strategy, evidence of a signed contract for a minimum period of 10 years for maintenance of the proprietary stormwater quality treatment device must be provided to Council prior to commencement of use.
B.	Delete condition 27 k).

REPORT
PROPOSAL
The applicant seeks representations on a development approval for a Material Change of Use of Premises comprising Retail Business Type 5 - Vehicle Uses (Service Station), Entertainment & Dining Business Type 1 - Food & Beverages (Fast Food Outlet), Retail Business Type 2 – Shop (Convenience Retail) and Operational Works for signage on vacant industrial land on the corner of Taylor Court and Holts Road, Cooroy.
The application is before Council as the Development Permit was originally approved by Council.
Background
On 30 November 2006 Council approved a Preliminary Approval to Override the Planning Scheme for Material Change of Use and Reconfiguration for 6 industrial lots and parkland on the former sawmill site. The approved Plan of Development (POD) has since been incorporated into The Noosa Plan. The POD includes a Supplementary Table of Development and provisions for setbacks, height, water quality, acoustic treatment, landscaping and water supply requirements.
A report on this application was considered by the Planning and Environment Committee on 6 December 2016 (Item 1, Page 3), and at the General Committee Meeting on 12 December 2016 (Item 3, Page 3). At the Ordinary Meeting on 15 December 2016 the application was deferred. Council deferred the application as the applicant provided additional information and further time was required to assess the information. The applicant consequently provided further grounds for approval and on 19 January 2017 Council approved a service station, fast food and convenience outlet and associated signage.
Site Description
The site is a corner lot, with Holts Road to the east and Taylor Court to the south. The south western boundary adjoins an industrial lot’s access handle.
The site slopes approximately 3.5m from the Holts Road boundary to the south western boundary having an approximate 2.5 degree slope. The lot is void of vegetation as seen in Figure 6 below. The Department of Transport and Main Roads (DTMR) currently occupy the site on a temporary basis with sheds and extensive hardstand areas. Figure 1 shows the site location.

Figure 1 – Subject site
assessment
Under the provisions of the Sustainable Planning Act the applicant suspended its appeal period and submitted representations to conditions of the approval (see Attachment 1). The Act requires Council to consider the representations and give a new decision notice (a negotiated decision notice) to all relevant parties, where the representations are agreed with. The representations primarily seek to amend the list of approved plans and change the stormwater requirements for the development.
Representations to Conditions
Condition 2 – List of 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
DA-02	P5	Site Plan, prepared by Red Dog Architects	19/10/2016
DA-05	P5	North Elevation, prepared by Red Dog Architects	19/10/2016
DA-06	P5	South Elevation, prepared by Red Dog Architects	19/10/2016
DA-07	P5	East & West Elevations, prepared by Red Dog Architects	19/10/2016
Applicant’s Request
Condition 2 references the approved plans for the development. The submitted Signage Plan (DA-08 Rev P5, prepared by Red Dog Architects, dated 19.10.16 – enclosed here) is not included in the list of approved plans in Condition 2. Subsequent discussions with Council’s Development Planner, Glen Conforti, have confirmed that the Signage Plan was intended to be included as an approved plan.
It is requested that Condition 2 is amended to reference the submitted Signage Plan.
Assessment
Signage plan (DA-08 Rev P5) prepared by Red Dog Architects dated 19 October 2016 was originally provided by the applicant for which was intended to be included in the list of approved plans.  It is agreed to amend Condition 2 to include this plan. The signage shown on the plan is reflective of the originally approved signage.
Condition 27(e & k) - Stormwater
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 the Queensland Urban Drainage Manual, and must include in particular:
e) 	A stormwater quality treatment system. The stormwater treatment must generally be in accordance with the Stormwater Management Plan for Highway Service Centre Cooroy, project number 161968 by Covey Associates, dated October 2016 except where alteration to impervious area and water quality treatment dimensions are necessary to achieve the following objectives as predicted in MUSIC modelling in accordance with the Water by Design MUSIC modelling guidelines.
	State Planning Policy	Environmental Protection Water Policy Water Quality Objectives	Approved Plan of Development Water Quality Criteria
Total Suspended Solids	80% reduction compared to an unmitigated development	<6mg/L	90th%ile 15mg/L
Total Phosphorous	60% reduction compared to an unmitigated development	Maximum 50ug/L	Maximum 0.03mg/L
Total Nitrogen	45% reduction compared to an unmitigated development	Maximum 500 ug/L	Maximum 0.3mg/L
k)	That water quality objectives are met in keeping with the Environmental Protection (Water) Policy 2009 for Mary River Environmental Values and Water Quality Objectives.
Applicant’s Request
From the outset, it is reiterated that the applicant intends to incorporate a “best practice” stormwater design for this site and is committed to working with Council to achieve an outstanding and sustainable development. The applicant’s civil engineer does however have some concerns with the current wording of condition 27(e) and requests clarification on the requirements of the condition.
Covey Associates prepared the original Stormwater Management Plan that accompanied the development application and has since prepared the attached correspondence outlining the concerns with condition 27(e). Covey Associate’s correspondence requests clarification as to how the Plan of Development’s water quality targets (as referenced in condition 27(e)) were determined and what regulations or guidelines they are linked to.
Covey Associates’ explain the differences between “concentration based outcomes” and “load based reduction targets”. Given the time that has passed since the adoption of the Plan of Development, it is possible that the guidelines that the POD’s water quality targets are linked to have been superseded by more recent water quality policies. Covey Associates’ states that it is arguable that the targets associated with the POD are not reflective of currently accepted data and are unrealistic, particularly as data suggests undeveloped catchments generate pollutant loads in excess of the targets during storm events.
It is noted that the submitted Stormwater Management Plan easily achieves current annual pollutant load reduction objectives set by the State Planning Policy 2016. Council staff have also previously provided the table below to Councillors confirming that the development complies with the SEQ Water Development Guidelines 2012 for horizontal separation distances (setbacks) for dangerous and hazardous substances.

The applicant submits that the POD’s water quality targets are redundant and requests that condition 27 e) be amended to reference the State Planning Policy and Covey’s Stormwater Management Plan which achieves pollutant load reductions well above required rates.
Assessment
Officers engaged a Water Quality Expert from WBM BMT to seek advice on Condition 27 e) and the associated impact on Condition 27 k).
The advice from WBM BMT outlined that it is not reasonable to apply the water quality parameters being represented in 27 e) or as currently conditioned in 27 k) for the following reasons:
The objectives on Condition 27 e) and 27 k) are for dry weather targets for receiving waterways and are not pertinent to stormwater discharges. The input parameters for the MUSIC modelling actually show that a forested catchment would not be able to provide the conditioned water quality objectives in a stormflow event.
The concentration based objectives required by the Environmental Protection Water Policy have been replaced by load based reduction targets in current best practice industry standards. The document titled WSUD: Development Design Objectives for Water Sensitive Development in SEQ Version 2 by Water by Design 2007  states the following reason for the replacement:
The concentration based approach fails to recognise the substantial difference between urban diffuse sources during dry and wet weather flows as well as the impact on receiving waterways (i.e. ecological processing etc).
ANZECC recommends that load based guidelines are more relevant than concentration based guidelines in recognition of the important impact of total mass (or load) of Total Nitrogen, Total Phosphorous and Total Suspended Solids on ecosystem health.
The Water Quality Targets are unlikely to be achievable with regard to conventional best practice stormwater management practices. There are no water quality treatment methods that are demonstrated to output waters at the concentrations required by Conditions 27 e) and 27 k).
SEQ Water Development Guidelines: Development Guidelines for Water Quality Management in Drinking Water Catchments (SEQ Water 2012) is the relevant guideline to refer to for development in Drinking Water Supply Catchments. Item M26.1 of that guidelines requires that Land Uses, development, activities and stormwater management ensure no adverse impacts on water quality outside the boundaries of the site.
For the purpose of the assessment, no increase of stormwater pollutant loads was adopted as no adverse impact on water quality outside the boundaries of the site.
WBM BMT in their assessment corrected the MUSIC model and also ran a MUSIC model for a vacant industrial lot. The results demonstrated that the proposed development will not increase stormwater pollutant loads compared to the existing vacant industrial land use.
The representation on the conditions is therefore acceptable and it is recommended to change Condition 27 e) and delete 27 k) as follows:
27.	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 the Queensland Urban Drainage Manual, and must include in particular:
e) 	A stormwater quality treatment system. The stormwater treatment must generally be in accordance with the Stormwater Management Plan for Highway Service Centre Cooroy, project number 161968 by Covey Associates, dated October 2016 except where alteration to the inclusion of proprietary water quality treatment devices are necessary to achieve the following objectives as predicted in MUSIC modelling in accordance with the Water by Design MUSIC modelling guidelines.
	State Planning Policy	SEQ Water Development Guidelines: Development Guidelines for Water Quality Management in Drinking Water Catchments (SEQ Water 2012)
Total Suspended Solids	90% reduction compared to an unmitigated development	No increase in pollutant loads compared to a Vacant Industrial Allotment
Total Phosphorous	60% reduction compared to an unmitigated development	
Total Nitrogen	45% reduction compared to an unmitigated development	
Where proprietary water quality treatment devices are included within the stormwater quality treatment strategy, evidence of a signed contract for a minimum period of 10 years for maintenance of the proprietary stormwater quality treatment device must be provided to Council prior to commencement of use.
k) 	Delete

conclusion
Water Quality Targets as conditioned in the original approval are unlikely to be achievable with regard to conventional best practice stormwater management practices. Therefore the condition has been found to be unreasonable and cannot be practically applied to the development. The water quality measures outlined by the applicant have been found to be satisfactory for this development in the water supply catchment area.

Previous Council Consideration
Ordinary Meeting, 19 January 2017, Item 3, Page 4
That Council note the report by the Development Planner to the Planning and Environment Committee dated 6 December 2016 and the Further Reports to the General Committee Meetings dated 12 December 2016 and 16 January 2017, regarding Application No. MCU16/0066 & OPW16/0133 for a Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages and Operational Works for Signage, situated at 6 Taylor Court, Cooroy and:
A.	Approve the application in accordance with the following conditions:
……
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
1.	The proposal will fill a gap in highway based service centres and service the needs of the travelling public including assisting with driver fatigue management.
2.	The site is located on the periphery of the Lake Macdonald catchment and is currently committed for some industrial development under The Noosa Plan.
3.	The proposal will incorporate best practice water quality management to reduce the potential impact on water quality in the Lake Macdonald catchment.

Consultation
External Consultation
WBM BMT
Internal Consultation
Environmental Services branch

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	11 JULY 2017