190920 MCU19-0089 GC15-137-T03 InsiteSJC letter response to IR Rev0 dhn-signed

Page 2

either of the bio-retention systems have been modelled in MUSIC with a saturated layer or whether the
bio-retention system is lined.
Attached are updated proposal plans and supporting information from Empire Engineering,
which specifically addresses the following items. A summary is provided below.
Item 3—We have included the MUSIC model as requested.
Item 4—Further specifications on the filter media are included in the proposal plans from
Empire Engineering.
Item 5—The bio-retention basin planting list has been modified not to include trees. Planting
will be a mixture of ground covers including grasses, herbs and sedges.
Item 6—We attach updated proposal plans from Alleanza Architecture and Empire
Engineering that show the northern bioretention basin has been moved to be adjacent to the
western property boundary and clear of the existing sewer line.
Item 7—The outlet from the eastern bio-retention basin has been moved to the existing
stormwater pit in Weyba Road.

NON-POTABLE REUSE
Details provided in relation to the non-potable re-use rates from the rainwater tanks are acceptable.
The overflow from the rainwater tanks is proposed to be conveyed to the bioretention system.
Item 8—This information will be provided later as part of an Operational Work application.
We propose water reuse and for the tank overflows to be conveyed to the bioretention
system.

CAR PARKING
Whilst the proposal requires 12 car parking spaces only 7 spaces have been provided. It is noted that
the planning report seeks to rely on the area adjacent to the bowsers for car parking. Council is not
supportive of this approach. It is also noted that bicycle parking is also required.
Item 9—Attached are updated proposal plans from Alleanza Architecture which show nine
car parking spaces (an increase of two spaces from that shown previously) and bicycle
spaces. While we acknowledge Council’s position requiring 12 spaces, the following
comments explain why Council should accept our proposal with nine spaces as adequate
and complying with the planning scheme.
First-principles analysis of car parking generation
We attach advice from Empire Engineering, based on a first principle analysis of car parking
generation that there is no need for providing more parking than that shown on the proposal
plans.
Request for Council’s acceptance of nine parking spaces
Further to the Empire Engineering first-principles analysis, we request that Council consider
the revised layout as proposing nine designated parking spaces as an adequate number. We
acknowledge that Council has previously applied the parking ratios in the planning scheme

                                                                                              Page 2 of 6

Page 3

to other service station projects in a particular way and, if consistent with that method, this
proposal would require 12 parking spaces. We respectfully ask that Council consider the
distinctive circumstances of the subject proposal.
There is no practical need for 12 parking spaces
We have investigated the need for car parking spaces on other BP services stations, including
those with similar retail facilities. For most of the opening hours of those service stations,
there are only ever a few of the designated car parking spaces occupied. It would be rare for
there to be more than five cars in such parking spaces. The council could corroborate this
assertion by viewing satellite imagery of BP sites if it so desired.
Council should conclude that 12 parking spaces would create additional impervious surfaces
for no practical purpose.
Planning scheme does not require 12 spaces
We also politely suggest that there is a more practical interpretation of the planning scheme
than the requirement to provide 12 car spaces.
We suggest that the scheme’s authors, in preparing the car parking requirement of “4 spaces
per service bay, with a minimum of 5 spaces provided”, originally envisaged that a service
station would require only five spaces unless it also contained service bays. A service station
with service bays would need to provide an additional four spaces per service bay.
Ancillary activities
The definition of ‘Type 5 Vehicle uses’ in the scheme creates interpretation challenges
because it does not specifically refer to ancillary activities. We suggest that it inherently
includes incidental and subordinate activities to the sale of fuel because the parking
requirement for a service station explicitly refers to service bays. Unless a Type 5 Vehicle use
(Service station) included ancillary activities then the scheme could not refer to service bays.
It follows, therefore, that a service station must inherently include other ancillary activities
such as sales ordinarily associated with such a use. There is enough reason to view the entire
proposal as only being a service station and not including a Type 2 retail business; however
our client has agreed to take a conservative and cautious approach to the use definitions for
which they seek approval.
Products retailing in a BP service station
BP Service stations typically retail the following products—
(i)           car care—a full range of lubricants and automotive products
(ii)          confectionery and snacks
(iii)         phone products—recharge and top-up for pre-paid mobile plans
(iv)          magazines and newspapers
(v)           tobacco products




                                                                                       Page 3 of 6

Page 4

(vi)             grocery products—including a selection of breads, biscuits, spreads, breakfast
                 cereals, baking products, pasta and sauces, pet food, cleaning products, tissues,
                 toilet paper, nappies and baby food
(vii)            general—batteries, toys, sunglasses, barbecue products, bagged ice, CDs, DVDs
                 and more.
We confirm that the subject proposal would not be a ‘BP Connect’—which is like a small
supermarket containing a ‘Wild Bean Cafe’.
New Noosa Plan and the regulated requirements under the Planning Regulation 2017
The New Noosa Plan adopts, as it is required to, the regulated requirements in the Planning
Regulation 2017 including the service station use definition—

             “service station means the use of premises for—

             (a) selling fuel, including, for example, petrol, liquid petroleum gas, automotive distillate
             or alternative fuels; or

             (b) a food and drink outlet, shop, trailer hire, or maintaining, repairing, servicing or
             washing vehicles, if the use is ancillary to the use in paragraph (a)”

That definition is consistent with the approach described earlier in this response.
Importantly, the scheme also defines the administrative term ‘ancillary’ as—

             “ancillary means associated with, but incidental and subordinate to.”

Most, if not all, of the retailing in the proposed development would be ‘ancillary’ to the sale
of fuel in paragraph (a). The ‘food and drink outlet’ and ‘shop’ type of activities is integral to
the overall use and could not exist without the retailing of petrol, LPG or distillate. The
retailing is incidental and subordinate to the retail of fuel.
The New Noosa Plan’s1 car parking requirements for service station are—

             “Four spaces

             Editor's Note — these spaces are in addition to spaces for queuing for refueling or parking
             required for any other uses on site”

The proposal includes five more spaces than the four required by the New Noosa Plan.
Other service stations
Other service stations are often in locations that are very highly vehicle-oriented where there
are few customers within a reasonable walking distance. For example, the recently-approved
Freedom Fuels service station at 175 Eumundi Noosa Road is not very accessible by foot and
is in a location that is dominated by commerce and industry. Employees from business
typically drive to make purchases during the day, often in multi-purpose trips. In such cases
there is may be a reasonable justification for more parking.


1
    both in the round 1 consultation and the round 2 consultation drafts

                                                                                                             Page 4 of 6

Page 5

Given the extensive medium and high-density housing and tourist accommodation within a
short walking distance, a considerable proportion of patronage is likely to access the site on
foot or by bicycle.
No adverse outcomes external to the site
There are unlikely to be any external implications of any shortfall of parking on the subject
site. If there ever were an occasion when more were cars seeking stand-alone parking than
the available space, there would not likely to be adverse external effects—
(i)           it is unlikely that prospective patrons would attempt to park in either Mary
              Street or in Weyba Road and shop in the store—customers typically seek much
              greater convenience
(ii)          a potential customer seeking only non-fuel purchases but not able to access a
              designated car space is likely to either park at the bowser or depart the site.
The risks of any potential adverse effects of a purported parking shortfall would rest with
the operator’s turnover through lost patronage.

RETAIL AREA
The plans detail that the retail shop floor space is 101m2 whereas the planning report notes that the
proposed use area of the retail component is 120m2
Item 10—The discrepancy in areas related to the town planning report including the fridge
and freezer floor space. We confirm that the total use area of the retail shop floor space has
not changed, and is 100m2 as shown in blue hatching on the proposal plans.

ELECTRICITY
A recent previous application for the site included a pad mount and substation at the south-western
corner of the Mary Street frontage. The current plans do not include these details.
A pad mount and substation are not required for the proposal.

WASTE
The plans do not confirm that the waste area is to be a bunded area and connected to the sewer.
Item 11—Attached are updated proposal plans from Alleanza Architecture which indicate
the waste area is to be bunded and connected to the sewer.

CONCLUSION
We consider that we have provided all the information requested in the information request
and as such we request that Council proceed with the assessment of the application. This
letter concludes the information request phase under the DA Rules, and we will therefore
now commence public notification. A notice of intention to commence public notification
will be provided through separate email.




                                                                                              Page 5 of 6

Page 6

We thank you in advance for your careful consideration of our development application and
look forward to Council’s favourable response at your earliest convenience. If you would
like to discuss this matter in the meantime, please call me on (07) 4151 6677.
Kind regards,
InsiteSJC
                                Digitally signed by:
                                f441a147-c80b-4c24-
                                a1c7-15f12169c7e9
                                Date: 2019.09.20 08:
                                31:54 +10'00'
David Newby
Partner (Planning)

Enc.
       1.   Proposal plans prepared by Alleanza Architecture—15 sheets
       2.   Proposal plans and supporting information prepared by Empire Engineering
       3.   First-principles car parking analysis prepared by Empire Engineering
       4.   Attached Music Model file ‘CC-3668 Music REV D.SQZ’




                                                                                       Page 6 of 6