2022-03-08 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     8 MARCH 2022


3.    ASSESSMENT
3.1   Instruments for Statutory Assessment
3.2   Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
not constitute a minor change on the grounds that it would result in a substantially different
development as it increases the severity of known impacts to residential properties within
proximity of the site and these residents would likely object to the change were they provided the
opportunity.
3.3   Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and falls within the District Centre Zone. The
original development application was assessable against the whole planning scheme as an
impact assessable use. The applicant’s request for a minor change is assessed against the
relevant provisions of the planning scheme as follows:
Condition 5
5.    The approved use must not operate outside the hours of 5am to 10pm.
Applicant’s Request
The applicant requests that the commencement time be changed to 4am. The applicant states
that there is significant demand for fuel, bait and other supplies associated with locals on their
way to go boating and fishing at this time. The applicant provided an addendum to the acoustic
report submitted with the original application to support their requested change which includes:
      “the noise control recommendations of the approved noise report, including acoustic
      barriers, would not have changed if trading from 4am were to have been originally
      proposed”
The applicant advises no changes to condition 7 limiting the hours of service vehicle movements
is required and has provided the following additional statements:
      “In summary—
      1. Between 5:00 am and 6:00 am—the service station has an average of 20 transactions
         each day;
      2. Between 11:00 am and 12 Noon, then again between 3:00 pm and 4:00 pm, are the
         busiest periods, averaging 70 transactions per hour.
      We therefore ask that Council have regard to the following matters—
      1. It would be reasonable to assume that the hour from 4:00 am to 5:00 am would be no
         busier than the 20 transactions in the 5 til 6 am period.
      2. 20 transactions in the first hour is sufficiently meaningful to the trading of BP
         Noosaville—together with the operator’s experience with people arriving at the service
         station and seeking service before opening hours, it also illustrates that there is a
         community need that the extended trading would satisfy.
      3. The site is located such that traffic generated by the use is most likely already travelling
         on Mary Street or Weyba Road. It is not a use on a site that would attract non-residential
         traffic into a residential street.
      4. Assuming that 20 transactions equates to 20 trips, such traffic levels are unlikely to be
         noticeable or distinguishable from traffic already on the road network.


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