Info Request MCU16/0066

Officer	:	Denis Wallace
Direct Telephone::07 53296239
Our Reference	:MCU16/0066
Your Reference	:163161
22 July 2016

Hass Holdings Pty Ltd Tte
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558

Attn. John McKennariey

Dear John

Information Request
Sustainable Planning Act 2009

I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No:	MCU16/0066 OPW16/0133
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 Operational Works - Signage
Street Address:	6 Taylor Ct COOROY  QLD  4563
Real Property Description:	Lot 3 SP 197517
information required
The information requested is set out below:

Issue – Need
Independent peer review of the submitted Economic Impact Assessment (EIA) indicates an additional service station is not needed to serve the defined residential catchment, given the two existing service stations within the area.  Further analysis of need for a service station is required, beyond simply assuming 70% of business for the subject development will come from the Bruce Highway.
In order to identify demand and need for the development, it is considered critical to demonstrate why existing service stations along the Bruce Highway are not sufficient to serve the needs of passing motorists.

Information Required
Additional assessment providing:
A more detailed review of distances between service stations along the Bruce Highway, besides in the immediate vicinity of the site.
Accessibility requirements of such facilities.
Expression of interest for tenants at the site.
Any other material demonstrating the development is needed to service highway travellers.

Issue – Economic Impacts
Table 7.1 of the submitted EIA outlines the impact on other service stations within the trade area. The impact is indicated at 11% across a range of different stations, including for facilities at Cooroy, Pomona and facilities further afield. It is unclear why the impact on facilities at Pomona in percentage terms would be the same as Cooroy, particularly given the existing service stations in Cooroy are projected to achieve a sales level inline with the existing market.
The EIA indicates 30% of petrol sales for the proposed development, or 1.5 million litres, will come from the trade area (4.5 million litres in Table 5.3). This represents one third of the resident market as calculated by Urban Economics, meaning impacts on existing service stations in the trade area could be in the very high range (30%) if this was all to be redirected from these stores.
Information Required
Further analysis addressing the above issues and demonstrating the development will have acceptable levels of impact on the two service stations in Cooroy.  The distribution of impacts could be outlined based on sales generated from the trade area, as compared with traffic along the Bruce Highway.

Issue – Industrial Land Impacts
The analysis of impact on industrial land is undertaken at a high level.  It indicates there is a high level of vacancy but does not indicate the average take up rate (i.e. demand).
Information Required
Further information in relation to the take up rate and the number of years supply of vacant industry land in the Cooroy area to support the EIA conclusion there will be no impact on industrial land.

Issue – Alternative Sites
No analysis has been undertaken of potential alternate sites which could incorporate a service station within the area if it was needed.
The Department of Transport and Main Roads has previously indicated it may seek to create a new Highway Service Centre site in the area, which may negate the need for the development.

Information Required
Demonstrate why the development should not occur on other land within the area and, more broadly, on land directly adjacent the Bruce Highway that may better meet the needs of highway travelers.
Demonstrate the Department of Transport and Main Roads does not plan to address the need for a Highway Service Centre in the area via the creation of a new Centre(s) on the upgraded Bruce Highway.

Issue – Proposed Myall Street Development
A proposed mixed use development at 125 Myall Street, Cooroy,  includes a service station, convenience shop and fast food.  Council refused the application but it is currently under appeal (Creekgold Pty Ltd vs Noosa Shire Council).  If the development was to proceed, the need and demand for the subject development may be substantially lessened.
Information Required
Provide comment on whether need could be established for the subject development if the Myall Street development is approved.

Issue – Visibilty from Highway
The development’s visibility from the highway, in conjunction with any advisory signage, is considered a critical element to ensure the development would meet the needs of highway travelers.
Information Required
Provide detailed analysis demonstrating:
the development will be clearly visible from the upgraded highway.
sight line distances to the development from the highway will allow travelers time to exit the highway to access the development .
the likely location of any advisory signage on the highway (such as blue fuel advisory symbols) or any other highway signage external to the site.
that advisory signage is likely to be supported within the highway corridor by the Department of Traffic and Main Roads.

Issue – DTMR Roadside Advertising Guide
The application indicates signage proposed complies with DTMR’s Roadside Advertising Guide (RAG) but provides limited details.  The application suggests the signage would be considered “On Premises” signs but involves signs exceeding 4m2, which would appear to fall under a different classification under the RAG.
Information Required
Provide full details demonstrating the proposed signage complies with DTMR’s RAG.
Where possible, provide written advice from DTMR confirming the signage complies with its RAG.
Issue – Extent of signage
The proposed signage significantly exceeds provisions for advertising devices under The Noosa Plan.  Signs in excess of the 4m2 limit for a single sign face area are proposed.  Total signage is estimated at 37m2 but the application does not detail total signage area or provide justification for the substantial relaxation sought.
The Advertising Devices Code lists the 4m2 single sign face area and 10m2 total sign face area as outcomes.  The extent of signage proposed is unlikely to be supported.
Information Required
Provide amended plans demonstrating compliance with the provisions of the Advertising Devices Code and/or detailing and further justifying the extent of any relaxations sought.

Issue – Illuminated Signage
Numerous large illuminated lights are proposed, which may impact on the rural amenity of the area.  The illuminated lights are proposed to remain on throughout the night whereas The Noosa Plan seeks a limit to 11pm.
Information Required
Amend the proposal to limit the number of illuminated signs to one per commercial tenancy and demonstrate spill light from illuminated signage will not impact on the rural amenity of the area.

Issue – Spill Light
The 24hr mixed use development has the potential to create night time light spillage that could impact on the amenity of nearby.
Information Required
Demonstrate light spillage from the development can achieve the design and siting requirements of Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” and will not impact on the night time amenity of nearby residents.  Provide a report prepared by a suitably qualified person describing the lighting plan and appropriate control/direction/shading measures to be employed so lights are not directed at residential areas.
For the purpose of certifying outdoor lighting devices for the development, a suitably qualified person is either:
i.	a Registered Professional Engineer of Queensland; or
ii.	an environmental or electrical design consultant with a minimum of 3 years current experience in the field of outdoor lighting.

Issue – Fast Food Odour
Given the provisions of The Noosa Plan for the site, residents in the area would not reasonably expect fast food outlets to establish in the Nandroya Industrial Estate.  Cooking odours from fast food outlets have the potential to impact on the amenity of nearby residents.
Information Required
Demonstrate how cooking odours from the development’s food outlets, will be controlled in accordance with best management practice and not cause environmental nuisance or impact on the amenity of nearby residents.  Provide a report prepared by a suitably qualified person describing appropriate control measures and/or systems to be employed to eliminate or limit the amount of grease, odoriferous components and smoke to an acceptable standard.  Control measures that may need to be investigated and discussed could include: dispersion; carbon filtering; scrubbing; high velocity extraction; electrostatic precipitation; ozonation; UV treatment, etc.  Odour masking is not considered to be an acceptable method of control.
A suitably qualified person is considered to be a Registered Professional Ventilation/Heating Engineer of Queensland with experience and knowledge of odour/grease control systems.

Issue – Landscaping
Trees planted within the landscaping strips along the western and southern boundaries may assist in managing spill light and cooking odours.
Information Required
Provide comment on whether trees within the landscaping strips would assist in screening spill light and/or dispersing cooking odours from the development.   Provide confirmation such screening vegetation would be accepted by the applicant.

Issue - Traffic
The submitted traffic analysis by TTM indicates that in the 2029 PM peak, the Holts Road / Myall Street intersection will operate with a degree of saturation of 0.396 for the without development scenario, and increasing substantially to 0.835 for the with development scenario.
Independent peer review on the intersection analysis, using Sidra Version 7 and the same assumptions used by TTM, indicates an intersection degree of saturation of 0.975 in the 2029 PM peak with the development.  This significantly exceeds the normal upper limit of acceptable degree of saturation for a give way controlled intersection of 0.80.
TTM suggest an option to improve operation of the intersection would be to include a short additional left turn lane on the Holt Road approach to the Myall Street intersection.  TTM suggest the development should not be responsible for construction of that lane, but rather it should be the responsibility of future developers of the Taylor Court industrial lots, which is not acceptable.
The development as currently proposed may have unacceptable impacts on the State controlled intersection at Holts Road / Myall Street but the Department of Traffic and Main Roads (DTMR) do not have a concurrence role in the assessment.
Information Required
Further detailed traffic analysis clearly demonstrating the development will have acceptable impacts on the Holts Road/Myall Street intersection.  Where any works are required to achieve an acceptable performance level at the intersection, demonstrate such works are accepted by DTMR and confirm they will be undertaken by the applicant.

Issue - Access
There is concern with the sight line between a vehicle waiting to depart from the southern driveway (furthest from Holts Road) and a vehicle approaching from the access easement along the southern side of the site that leads to Taylor Court.  This issue could be overcome if the southern driveway were for site “entry” only, rather than “entry and exit” as currently proposed.
Proposals for one-way access restrictions are also unclear.
Information Required
Provide assessment and comments as to whether the Southern driveway should be amended to be an “entry only” arrangement.
Identify how it is proposed to ensure vehicles do not enter the site at the proposed exit driveway, and also how exit at the entry driveway (suggested above) would be prohibited.

Issue – Vehicle & Pedestrian Access
Further details are required in relation to vehicle and pedestrian access.
Information Required
Identify proposed levels and gradients on the site, including at the proposed access driveways, and assess those gradients against the requirements of Australian Standard AS/NZS 2890.1-2004.
Identify the path that future workers of the Taylor Court industrial estate will use when walking to the proposed shop and fast food outlet.

Issue – Water Quality
The property is located within the Lake MacDonald Water Supply Catchment. Specific Outcome O11 of the Natural Resources Overlay Code requires that  Development does not have adverse effects on the quality or quantity of water entering Lake Macdonald, Cedar Pocket dam or their tributaries, including effects on a) nutrient or other chemical levels; and b) sediment loads; and c) turbidity.  Whist the application has demonstrated how the State Planning Policy of objective for pollutant reduction targets  has been achieved, these objectives only provide for a percentage reduction of nutrient increases from development – and allow for an increase in nutrients from the development to receiving waters. The applicant has therefore not demonstrated that the development will not increase nutrient levels within Lake Macdonald.
Information Required
Demonstrate that there will be no increase in nutrients, otherwise demonstrate that the owners of Lake MacDonald are satisfied that the increase in nutrients expected from the proposed development will not contribute to an unacceptable cumulative increase in nutrients entering Lake MacDonald.
Demonstrate the development is consistent with the SEQ Water Development Guidelines: Development Guidelines for Water Quality Management in Drinking Water Catchments 2012.

Issue – Stormwater
It is unclear whether there is adequate fall between the underdrainage of the bioretention basin and the receiving stormwater network.
Information Required
Provide a preliminary drainage plan to demonstrate there is adequate grade between underdrainage of the bioretention basin and receiving stormwater network.

Issue – Stormwater
The proposal shows the bioretention basin surrounded by retaining walls. This design does not meet the objective of integrating the water treatment with the surrounding use and it is unclear how the bio retention basin will be accessed for maintenance.
Information Required
Demonstrate that the footprint allocated for the bio retention basin includes sufficient area for inclusion of  batters from the surrounding area to the surface of the filter media consistent with the Water By Design Bioretention Basin Technical Design Guidelines (in particular Table 9).
Demonstrate how the bio retention basin will be accessed for maintenance purposes.

Issue – Water Re-use
Specific outcome O3 of the Water Sensitive Design Code requires that captured water is utilised for all non-potable uses on site.
Information Required
Demonstrate how O3 of the Water Sensitive Design Code is intended to be achieved.

End of Information Request

Under the provisions of the Sustainable Planning Act 2009, you have three options available in response to this Information Request. You may give the assessment manager (in this instance Council) and each referral agency (if any):

all of the information requested; or
part of the information requested together with a letter asking the assessment manager and each referral agency to proceed with the assessment of the application; or
a letter;
stating that you do not intend to supply any of the information requested; and
asking the assessment manager and each referral agency to proceed with the assessment of the application.

Please be aware that under Section 279 of the Sustainable Planning Act 2009 the applicant must respond to the Information Request within 6 months of the request or otherwise the application lapses.

Should you have any further queries in relation to the above, please do not hesitate to contact me on the above number.

Yours faithfully

Denis Wallace

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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MCU16/0066

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