2017-12-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   12 DECEMBER 2017


This application identifies that unresolved issues associated with the decommissioning of
underground tanks presents a risk.
Dangerous goods infrastructure within the road reserve is associated with a previous use of the
site. The current application before Council is the first application for a Material Change of Use of
the site and provides the opportunity for conditions to be imposed requiring the removal of the
underground tanks. The Planning Act 2016 requires that conditions included as part of an
approval be ‘reasonable and relevant’.
Based on the advice from WHSQ, Council’s Environmental Health unit have advised that it is
appropriate to include conditions to an approval requiring the PCBU to investigate and remove
the underground tanks and petrol bowser
Due to the risk to the community and the resultant risk to Council associated with the presence of
the underground tanks within the road reserve it is considered that it is reasonable and relevant
for conditions to be imposed addressing the dangerous goods infrastructure. This application is
the first Material Change of Use application for the site and will be the only opportunity for
Council to address this matter through the Development Assessment process.
4.     CONSULTATION
4.1. Referral Agencies
The application was not required to any Referral Agencies.
4.1. Other Referrals
The application was forwarded to the following internal Council officers whose comments are
included in this assessment of the application:
    Development Engineering
    Environmental Health
    Property
5.     CONCLUSION & REASONS FOR DECISION
The application is for a consistent food and beverages use within the Business Centre zone
triggering code assessment which generally complies with the relevant provisions within the
Noosa Plan. The proposal benefits from car parking credits attributed to the previous use of the
site however includes the provision of additional car parking within the Maple Street road reserve.
The historical use of the site as a service station has resulted in dangerous goods infrastructure
being located within the road reserve. It is reasonable and relevant for conditions to address the
decommissioning of this infrastructure. It is also reasonable for a land dedication to allow for a
future upgrade of Wimmers Lane.

Departments/Sections Consulted:

     Chief Executive Officer       Community Services                          Corporate Services
     Executive Officer             Community Development                       Financial Services
     Executive Support             Community Facilities                        ICT
                                   Libraries & Galleries                       Procurement & Fleet
                                   Local Laws                              x   Property
                               x   Waste & Environmental Health                Revenue Services

     Executive Services            Environment & Sustainable Development       Infrastructure Services
     Community Engagement          Building & Plumbing Services                Asset Management
     Customer Service          x   Development Assessment                      Buildings and Facilities
     Governance                    Economic Development                        Civil Operations
     People and Culture            Environmental Services                      Disaster Management
                                   Strategic Land Use Planning             x   Infrastructure Planning,
                                                                               Design and Delivery




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