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

(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

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