Council Report MCU19 0089

MCU19/0089 MATERIAL CHANGE OF USE – RETAIL BUSINESS TYPE 5 VEHICLE USES RETAIL BUSINESS TYPE 2 SHOP and OPW19/0160 OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY STREET NOOSAVILLE

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	EMC/ Applications/ MCU19/0089/ OPW19/0160

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Wessel Petroleum Pty Ltd
Proposal	Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage
Properly Made Date	19 July 2019
Information Request Date	16 August 2019
Information Response Date	20 September 2019
Decision Due Date	6 December 2019
Number of Submissions	Twenty-one (21)

PROPERTY DETAILS
Property Address	52 - 54 Mary St Noosaville Qld 4566
RP Description	Lot 21 RP 72829 Lot 1 RP 131598
Land Area	804 m² 1679 m² Total 2486m2
Existing Use of Land	Retail Business Type 5 Vehicle Uses & Residential Type 4 Conventional

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville
Zone	Business Centre
Overlays	Flood Hazard Natural Hazards – Acid Sulfate Soils 0-5mAHD
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 19 December 2019 regarding Application No. MCU19/0089 for a Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail Business - Type 5 Vehicle Uses & OPW19/0160 for Operational Works – Signage situated at 52 - 54 Mary St, Noosaville and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development.  The approved plans are listed in the following table unless otherwise amended by these conditions or annotated by Council.
Plan No.	Rev.	Plan/Document Name	Date
18316 DA-0000	7	Cover Page, prepared by Alleanza Architecture	19/09/19
18316 DA-1000	17	Site Plan, prepared by Alleanza Architecture	17/09/19
18316 DA-1002	4	Site Area Calculations, prepared by Alleanza Architecture	19/09/19
18316 DA-1600	4	Roof Plan, prepared by Alleanza Architecture	19/09/19
18316 DA-2000	7	Site Elevations, prepared by Alleanza Architecture	19/07/12
18316 DA-3000	4	Sections, prepared by Alleanza Architecture	19/07/12
18316 DA-7000	4	Signage, prepared by Alleanza Architecture	19/07/12
18316 DA-9000	2	Perspective Views 1, prepared by Alleanza Architecture	19/07/12
18316 DA-9001	2	Perspective Views 2, prepared by Alleanza Architecture	19/07/12
9327E	04	Mary Street, Noosaville Landscape Concept Plan – Master Plan	July 2019
External Appearance
The external materials and colours of the development must be in accordance with the materials and colours detailed on the approved plans.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 19 December 2025, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 5am to 10pm.
At all times while the use continues, retail sale of goods must remain an ancillary component to the use.  The maximum area used for the purpose of display and retail sale of goods must not exceed 120m2.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works for any civil works (or landscaping). The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Land Amalgamation
All properties the subject of the development must be amalgamated into a single lot prior to approval of Building Works.  Certification and evidence of such amalgamation must be submitted to Council prior to commencement of works.
Building Height
The maximum height of the development must not exceed 7.4 metres above the finished ground level and the natural ground level.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Fencing and Walls
A minimum 3.0 and 1.8m metre high acoustic fence must be erected along the length of the northern boundary of the site in accordance with the approved plans and the Acoustic Report prepared by Alpha Acoustics and dated 5 June 2019.
A minimum 3m and 1.8 metre high screen fence must be erected along the length of the western boundary of the site as shown on the approved plans prepared by Alpha Acoustics and dated 5 June 2019.
The acoustic fences must be finished in muted tones and materials that visually blend the fence into the surrounding streetscape and adjoining properties.  Details of the proposed colours and materials must be submitted to Council and approved as part of an Operational Works application.
Construction of acoustic fencing must be done at the completion of demolition and completed prior to any new building works commencing on site.
External Works
Mary Street and Weyba Road must be upgraded for the length of their frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of the existing/redundant property accesses and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
Site Access and Driveways
Sealed access driveways must be provided from Mary Street and Weyba Road to all parking and manoeuvring areas of the development. The works must be generally in accordance with drawings numbered CON01 issue DR6 and CON05 issue DR6 both dated 4 September 2019 prepared by Empire Engineering and undertaken in accordance with an Operational Works approval. The works must include in particular:
driveway crossovers generally in accordance with Council’s Standard Drawing RS-051 and any associated addendum
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit driveways to warn motorists of pedestrian movement along the streets
Car Parking
A minimum of 9 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
1 disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2 metre wide footpath within the road verge for the entire length of the site’s frontage to Mary Street and Weyba Road
pram ramps and tactiles generally as indicated on the approved plans
Condition 20 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
works generally in accordance with the Stormwater Quality Management Plan, Project ref:CC-3668, Revision D dated June 2019 prepared by Empire Engineering
works generally in accordance with drawings numbered CON01-04, issue DR6 dated 4 September 2019 prepared by Empire Engineering with the following amendments:
i.	Section D/C01: the impermeable liner to encompass the whole system including the base
ii.	Suitable cover provided between the underground drainage lines and finished surface levels
Condition 21 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill, associated batters and retaining structures must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Stormwater Harvesting
Operating stormwater harvesting tanks must be provided for the development. The tanks must be provided in accordance with a Building Works for above ground tanks, or Operational Works Approval for below ground tanks and must include the re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Acid Sulfate Soils
An acid sulfate soils investigation (with recommendations) for the management of the proposed development must be undertaken by a qualified person* in accordance with the Queensland Acid Sulfate Soil Technical Manual Soil Management Guideline v4.0 (2014), or a more current version and submitted with the application for Operational Works.
All works must be carried out in accordance with the Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works. *(Refer to Advisory Note)
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum  total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
the works generally shown on the approved Landscape Concept plan
incorporate CEPTED design principles around the north and north eastern corner of the building
stormwater devices in accordance with the approved stormwater plan
provision of 2 advanced tree species (minimum pot size 100 litres) to the centre of the Mary Street frontage, between the entry and exit crossover.
provision of 1 advanced tree species (minimum pot size 100 litres) to Mary Street frontage to the west of the entry crossover.
Provision of 2 advanced tree species (minimum pot size 100 litres) to Weyba Road frontage.
provision of dense screening adjacent to the western boundary fence which includes tree species that have a mature height of no less than 3 metres; and
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Storage of Hazardous Materials
All hazardous materials, with the exception of fuel stored in underground tanks, must be stored above the defined flood level.
Public Safety
Motion sensor security lighting must be installed within the alleyway between the building and northern acoustic wall and mounted at or below 3.0 metres high and directed away from adjacent residential dwellings.
The narrow alleyway/concealment place located between the proposed building and the northern boundary acoustic fence shown on the Approved Plans as amended by Council must be secured by a gate at each end which:
is lockable;
has a height of not less than 1800mm;
is dark in colour and visually permeable;
has a minimum 50% transparency to permit surveillance of the alleyway; and
is located no greater than 0.5 metres from the end of the solid wall of the building at each end.
ENVIRONMENTAL HEALTH
DEMOLITION
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste management
A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free.  Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
The Plan must contain the following information:
The areas for the storage and separation of waste shown on a site plan;
A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and
Table – Waste Management Table
MATERIALS ON-SITE	DESTINATION
	Re-use and Recycling	Disposal
Expected waste materials	Estimated volume(m³)	On-site            *specify proposed re-use or on-site recycling methods	Off-site              *specify contractor and recycling outlet	*specify contractor and landfill site or other disposal site
Excavation material				
Green waste				
Bricks				
Concrete				
Timber-please specify				
Plasterboard				
Metals - please specify				
Asbestos				
Other - please specify				
Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Vacant site
The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and to the satisfaction of Council so as to not cause nuisance to the surrounding area.
All waste materials must be removed from site.
Litter, erosion and sediment control
Litter, erosion and sediment control measures must be installed and maintained until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a waterway or storm water drainage system (e.g. roadside gutter).
A construction hold point with a council delegate and supervising RPEQ must be established prior to commencement of cut to fill earthworks for each stage of the development. The hold point must be held as soon as reasonably practical and prior to the first rain event forecast following initial tree clearing or removal of soil stabilising material for each stage. At the hold point inspection, all required sediment basins, drains and bunds to divert waters away from disturbed soil or soils about to become exposed through cut to fill activities must be installed. All areas that will not require earthworks in the imminent cut to fill operation must be stabilised to prevent entrainment of sediments into receiving waters.
Cut to fill earthworks must not commence until after the Supervising RPEQ has certified that all installed erosion and sediment controls required by this approval are sized in accordance with conditions of the approval and the written acceptance of the certification is provided to the supervising RPEQ by Council officers.
Asbestos
Removal of building materials containing asbestos must be undertaken by a licensed asbestos removalist.
Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before the work commences. Notification must be made using Form 65: Notification of licensed asbestos removal work, demolition work or emergency demolition.
All building materials containing asbestos products are wrapped and disposed of in accordance with the Public Health Regulation 2006 and the Environmental Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science licenses businesses that transport asbestos waste, and landfills that accept this waste.
All building materials containing asbestos, including asbestos cement sheeting or roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2003’ that at demolition of a building, the existing sanitary drain upstream from the connection point for a service provider’s sewerage system must be sealed water tight. This work is deemed as notifiable Work and must be carried out by a suitably licenced plumber who must submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building Construction Commission) within 10 days of completing the work.
Development Code – Hazardous Industry
The design, specifications and construction of the Manifest Quantity Workplace (MQW) storage and dispensing of petroleum products (Service Station) is to comply in all respects with the Model Development Code for Hazardous Industries and Chemicals - Workplace Health and Safety Queensland(WHSQ)
Certification must be provided to Council from a suitably qualified person* which certifies that the design, construction, operation and safety of the MQW (specifically including the design and operation of the stormwater quality improvement device: treatment tank/Stormwater 360 pods filter cartridges & detention tank) complies in all respects with the WHSQ Code prior to commissioning the site.
A suitably qualified person* is a Registered Professional Engineer of Queensland with experience and knowledge in the design and operation of the storage and dispensing of petroleum products.
Environmental Protection – General Environmental Duty S319
A copy of this decision notice must be kept on site in a location readily accessible to personnel carrying out this activity.
Notwithstanding any other condition of this decision notice, this notice does not authorize any release of contaminants that cause or is likely to cause an environmental nuisance beyond the boundary of the property.
Decommissioning of Underground Petroleum Storage Systems (UPSS)
All UPSS shall be decommissioned in accordance with AS 4976-2008 The Removal and Disposal of Underground Petroleum Storage Tanks.
Certification must be provided to Council confirming the UPSS decommissioning was conducted by a suitably qualified and experience person, and that removal, transportation and disposal was in accordance with the Standards and legislation.
At the time of decommissioning of any UPSS the site must be investigated for contamination. An Assessment report must be prepared by a suitably qualified and experienced person (as required under the Environmental Protection Act 1994) to verify the site has either met remediation criteria or is suitable for continued and future use. The assessment report must be submitted to Council no later than 60 days of either:
Decommissioning of an UPSS if no soil or ground water remediation is required.
Completion of any remediation associated with the decommissioning of an UPSS if remediation is required.
All records associated with the decommissioning of UPSS must be maintained for a period of 7 years after removal of UPSS. These records must be provided to future owners/operators of the service station and property, as part of ensuring all practicable measures have been implemented to prevent site contamination.
As articulated in Section 2.6 soil sampling of the opened pits and trenches to check for any hydrocarbon contamination must be carried out. If decontamination work is required then the requirements of the Environmental Protection Act 1994 must be followed for site remediation. An assessment report must be submitted to Council.
Underground tanks
Prior to the commencement of the use underground tanks shall be constructed and installed in accordance with the following:
Tanks are to be made of fibre-reinforced thermosetting resin (fibreglass) that is compatible with the product or tanks are to be made of a steel inner wall and a fibre-reinforced thermosetting resin composite (fibreglass) outer wall.
Tanks are to be double-walled with an interstitial space.
Tanks are to meet the requirements of UL 1316 Glass fibre reinforced underground storage tanks for petroleum products, alcohols and alcohol gasoline mixtures, or the equivalent or tanks are to meet the requirements of AS1692-2006 Steel tanks for flammable and combustible liquids, or the equivalent.
Tanks are to have an overfill protection valve installed in the drop tube of the tank. The overfill prevention valve shall be calibrated to prevent the tank from being filled in excess of 90% of its capacity.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the underground tanks have been constructed and installed in accordance with the above requirements must be submitted to Council.
Pipework
Prior to the commencement of the use pipework shall be constructed and installed in compliance/accordance with the following:
Pipework is to be made of non-corrodible materials as defined by cl 1.4.37 AS 4897. The design, installation and operation of underground petroleum storage systems.
Product piping is to be double-walled with an interstitial space.
Each tank fill point is to be clearly labelled and identified in accordance with AS 4977 Petroleum products - Pipeline, road tanker compartment and underground tank identification.
Each tank fill point is to be fitted with a camlock type or other liquid-tight connection.
Each tank fill point is to be provided with spill containment of at least 15 litre capacity per spill point.
All fill and vapour recovery points are to be earthed in accordance with AS 1020.0 The control of undesirable static electricity and AS 3000 Electrical installations.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the pipework has been constructed and installed in accordance with the above requirements must be submitted to Council.
Leak detection for underground tanks
Prior to the commencement of the use underground petroleum storage tanks shall be monitored for leaks in accordance with the following:
Establish a statistical inventory analysis system that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive) or install automatic tank gauging that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive).
Install a tank pit observation well at the lowest point of each tank excavation pit.
Submit certification
Prior to the commencement of the use certification from a suitably qualified person that the leak detection system was installed and was verified as meeting the above leak detection performance standard using the current United States Environmental Protection Agency (USEPA) protocol must be submitted to Council.
Leak detection for pipework
Prior to the commencement of the use product pipework shall be monitored for leaks in accordance with the following:
Install electronic line leak detection for pressure piping that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive); or
Install ‘safe suction’ design for suction piping in compliance with cl 4.3.4 AS 4897. The design, installation and operation of underground petroleum storage systems.
Submit certification
Prior to the commencement of the use certification from a suitably qualified person that the leak detection system was installed and was verified as meeting the above leak detection performance standard using the current United States Environmental Protection Agency (USEPA) protocol must be submitted to Council, or
Prior to the commencement of the use certification from a suitably qualified person that the safe suction design has been installed and tested to comply with cl 4.3.4 AS 4897. The design, installation and operation of underground petroleum storage systems must be submitted to Council.
Fuel dispensing areas
Prior to the commencement of the use fuel dispensing areas shall be constructed and installed in accordance with the following:
All ground surfaces within the fuel dispensing area are to be constructed of impermeable materials such as waterproofed, reinforced concrete that is free of gaps and/or cracks. Impermeable, hydrocarbon resistant jointing material is to be used between treated concrete slabs.
The fuel dispensing area is to be clearly demarcated from the uncovered forecourt area, access roads, general parking bays and all other areas to clearly delineate the higher contamination risk area from lower risk areas.
A canopy shall be installed over fuel dispensing areas. The canopy shall overhang by a horizontal distance of at least one-quarter of the roof height out from the vertical above the boundary of the demarcated fuel dispensing area.
A liquid-tight dispenser sump is to be installed under each dispensing unit. It is to be designed to house all pipework joints and fittings and to collect and contain any leak.
Signage indicating ‘flows to stormwater treatment system’ is to be provided at all drainage inlets within the fuel dispensing area.
The fuel dispensing area is to be graded and drained to an independently certified stormwater treatment system listed on Council’s Register for Certified Hydrocarbon Separators. The system shall be installed in accordance with the approved site-based stormwater quality management plan.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the fuel dispensing area has been constructed and installed in accordance with the above requirements must be submitted to Council.
Uncovered forecourt area
Prior to the commencement of the use uncovered forecourt areas must be constructed and installed in accordance with the following:
All ground surfaces of the uncovered forecourt area are to be constructed to provide a sealed surface, free of gaps or cracks.
Signage indicating 'flows to stormwater treatment system' is to be provided at all drainage inlets in the uncovered forecourt area.
The uncovered forecourt area is to be graded and drained to an independently certified stormwater treatment system listed on Council’s Register for Certified Hydrocarbon Separators. The system shall be installed in accordance with the approved site-based stormwater quality management plan.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the uncovered forecourt area has been installed and constructed in accordance with the above requirements must be submitted to Council.
Road tanker delivery stands
Prior to the commencement of the use the road tanker delivery stand shall be located fully within the fuel dispensing area or the road tanker delivery stand located within the uncovered forecourt area shall be constructed and installed in accordance with the following:
the area shall be large enough so a tanker can fit wholly within the delivery stand area.
the area shall be clearly demarcated.
the area shall be drained to a collection sump that normally drains to the uncovered forecourt area’s stormwater treatment system.
a diversion valve shall be installed that diverts drainage to the containment and treatment system for the fuel dispensing area during filling operations.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the road tanker delivery stand has been designed, constructed and installed in accordance with the above requirements must be submitted to Council.
Stage 1 vapour recovery
Prior to the commencement of the use construct and install stage 1 vapour recovery for underground systems storing motor spirit/petrol that has:
vapour return lines that return all vapour displaced from the storage tank to the delivery tanker.
a design that prevents the mixing of product in piping common to more than one tank.
vapour-tight couplings on the vapour line that close automatically when disconnected.
incompatible liquid and vapour couplings.
a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the storage tank vent pipe, or accepted equivalent.
the vapour recovery point located within 2 metres of the respective fill point.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that stage 1 vapour recovery equipment has been constructed and installed in accordance with the above requirements must be submitted to Council.
Stage 2 vapour recovery systems
Prior to the commencement of the use Stage 2 vapour recovery (VR2) equipment shall be designed and installed in accordance with the following:
VR2 equipment shall be installed on all dispensers for motor spirit/petrol in compliance with NSW DECC Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations and the Storage and Dispensing of Petroleum Products Planning Scheme Policy (2014).
VR2 equipment shall be designed and approved by the German TÜV and shall incorporate a visual indicator that the vacuum operates when fuel is dispensed. The approval must be in accordance with the provisions of Ordinance on the Limitation of Hydrocarbon Emission Resulting from the Fuelling of Motor Vehicles-21, BImSchV (2002).
VR2 equipment shall be installed in accordance with the manufacturer’s specifications by a duly qualified person.
VR2 equipment shall be tested to ensure a hydrocarbon capture efficiency must not be less than 85% vapour recovery to liquid dispensed by volume as measured using a test for active vapour recovery systems in Verein Deutscher Ingenieure (VDI) specification 4205. (testing is already required in Certification)
Submit Certification
Prior to the commencement of the use VR2 equipment shall be tested by a duly qualified person in the manner specified in the NSW DECC Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations.  A copy of this certification shall be provided to Council together with certification demonstrating that the system has been installed in accordance with the above.
Each petrol dispenser fitted with VR2 equipment shall be fitted with a sign stating that VR2 equipment is in use. Additional signage stating that VR2 equipment is in use shall be attached to the service station premises.
Spill Containment
Fuel Dispensing Area (Higher Risk Area)
Spill capture capacity must be sufficient capacity to hold a volume equivalent to at least the largest tanker compartment likely to be delivering fuel to the site (>8kL)
In the event of failure of any part of the system, power failure or where the spill compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall be released beyond the property boundary.
Stormwater quality discharge criteria.
Stormwater quality discharge must be to the following minimum standards:
<5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
≥80% reduction in Total Suspended Solids (TSS) heavy oils & metals
≥90% reduction in gross pollutants
There must be no high-flow bypass. 100% of captured liquids to be treated.
Uncovered Forecourt Area (Medium Risk Area)
In the event of failure of any part of the system, power failure or where the spill compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall be released beyond the property.
Stormwater quality discharge must be to the following standards:
<5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
≥80% reduction in Total Suspended Solids (TSS)
≥90% reduction in gross pollutants
High-flow bypass / first-flush capture design capacity must be designed to meet the defined discharge criteria during a storm up to the 3 month ARI-6 minute design rainfall event without surcharging or backing up the drainage system.
Submit Certification
Prior to the commencement of the use certification shall be provided to Council demonstrating that the system has been installed in accordance with the above.
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. on site must be located within the building or suitably provided with noise reduction measures and located to prevent a noise nuisance beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by noise emissions from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards.  The report is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Rainwater/Detention Tanks
In accordance with the Public Health Act 2005, rainwater tanks (including the detention tank) must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
Where it is intended to use rainwater for drinking purposes, a suitable treatment system is required to be installed to disinfect or treat the water to microbiological and physical standards as described in the current Australian Drinking Water Guidelines to make it fit for drinking purposes.
WASTE
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided throughout the car park to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
OPERATIONAL WORKS CONDITIONS
Advertising devices undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
DA-1000	15	Site Plan, prepared by Alleanza Architecture	11.07.2019
DA-7000	4	Signage plan, prepared by Alleanza Architecture	12.07.2019
Advertising devices authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for any civil works onsite.
This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans. In this regard the plans must be amended to reflect the following:
The pylon sign must be setback at least 1.50 metres from the front boundary
Each side of the pylon sign must not exceed a total of 4m2 of signage
A maximum of one illuminated sign is permitted for the site; and
The approved signs must not be used for the advertisement of goods and/or services not sold or conducted on the site (ie. third party advertising).
The approved signs must not exceed the dimensions and sign areas as shown on the Approved Plans.
The approved pylon signs must not be located within or across any easements.
Movement
The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
Maintenance
The approved signs must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice.
The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements.
Illumination
The approved illuminated sign must not incorporate flashing lights nor involve illumination by any means other than:
an internal light source
a down light, if externally lit.
Illumination resulting from direct, reflected or other incidental light emanating from the approved signs must not exceed a luminance of 300 candelas per square metre.
All sign illumination must be switched off between 10pm and sunset of the following day.
B.	Find the following matters relevant to the assessment and sufficient reason to approve the application:
1.		The proposal will result in no significant additional impacts to the existing development;
2.	The design solution for the proposed development is a substantial improvement to the visual amenity of the existing development and is in keeping with the scale, character and amenity of the surrounding area;
3.	The proposed development is generally well located on the major road network and will continue to fill a service need for the community and visitors to the area.
C.	Note that the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks Council’s approval of an application for a Development Permit for Material Change of Use and Operational Works for Advertising Devices. The proposal comprises the demolition of the existing service station, vehicle hire premises and small dwelling units and reconstruction of a contemporary service station, small scale retail shop and associated signage on the subject site located at 52 -54 Mary Street, Noosaville. The existing buildings have been established on the site for some 30+ years and are reported to have reached the end of their economic life.
The proposal includes a new service station building that reflects the architectural style, scale and character of the surrounding area, 5 double sided refuelling stations, replacement of existing underground fuel tanks, acoustic treatment to adjacent residential premises, site landscaping, incorporation of stormwater management devices and rationalisation of multiple driveway entrances.
The Operational works application seeks approval for a pylon sign with a sign face to each side which exceeds 4m2. An additional three signs are proposed which comply with the planning scheme.
The following figures provide for a locality plan and plans of the development. Development plans are also included at Attachment 1.

Figure 1: Locality Plan

Figure 2: Site Plan

Figure 3: Elevations

Figures 4 and 5: Perspective renders
site details
Background
The existing service station at 54 Mary Street has been in operation since the 1980s. The premises includes 416m2 GFA and 4 double sided refuelling stations, underground tanks storing diesel, unleaded and leaded fuel, and a LPG tank near the northern boundary.  Two existing dwelling units are located above the service station and have a combined GFA of 168m2.
The existing vehicle hire premises at 52 Mary Street incorporates a large hardstand area and small building of 85m2 in the north western corner of the site.
A previous application was lodged in January 2017 to develop both sites for a service station and drive-through fast food restaurant. The application was withdrawn in February 2019 due to unresolved issues with parking, vehicle movements, traffic impacts and built form.
Site Description
The site is generally flat with an elevation approximately 1.8-2.0m AHD across the site. The subject site is bound on the south by Mary Street and Weyba Road on the east. The Weyba Road/ Mary Street intersection features an existing roundabout. Four driveway crossovers currently exist servicing the ingress and egress for the existing service station and the western most access providing an entrance to the vehicle hire premises.  Both Lot 1 and Lot 21 are substantially sealed with hardstand pavement and little landscaping.
An underground sewer line runs along the western side of the common boundary between Lot 1 and Lot 21 and continues to the west across the width of Lot 21 on the northern boundary. The site is serviced by reticulated water along both the Mary Street and Weyba Road frontages.
Stormwater infrastructure is located in the road reserve fronting the site along Mary Street and Weyba Road as well as a box culvert in the land parcel to the north of the site described as Lot 26 on RP72829.
Overhead power lines are located in Mary Street and Weyba Road along the road frontage. No street trees are present in the verge adjacent to the site and no significant vegetation is present on the subject site.
Surrounding Land Uses
To the north of the subject site a residential Group Title development exists with 4 detached dwellings backing onto the subject site beyond a 3.5 metre wide stormwater easement (Lot 26RP72829) that runs between the subject site and the residential development. The property to the west is a boutique women’s clothing store, while premises to the south, across Mary Street, are also commercial in nature including real estate and professional services uses. East of Weyba Road, is Weyba Park West fronting the Weyba Creek and Keyes Island Conservation Park.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban area of the SEQ Regional Plan.  The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Desired Environmental Outcomes
The desired environmental outcomes are the measures for the planning scheme which seek to achieve the overall vision for the region.
Commercial and Retail Uses
Desired Environmental Outcome 3.1.3 b)vi recognises the potential for increased floor space in existing centres to meet changing needs providing the increase does not impact on the successful operation of the Shire Business Centre.
The proposed development increases the overall area of the service station site but does not increase the overall gross floor area as the existing GFA on Lot 21 in the Mary St/ Thomas St Precinct is removed along with the demolition of the existing service station buildings on Lot 1.   The larger service station site allows for better use of the site for vehicle circulation, manoeuvring, deliveries and waste services. The replacement of the existing service station with a new service station will not impact on the successful operation of the Shire Business Centre.
The proposed development is considered consistent with the Desired Environmental Outcomes for the Noosa Shire.
Locality Provisions
The subject site is located in the Noosaville Locality and falls within the Business Centre Zone.  The site straddles the boundary of the Mary St/ Thomas St Precinct with only lot 21 included in the precinct.

Figure 7: Business Zone applies to both sites (54 Mary Street highlighted)

Figure 8: Mary/Thomas Street Precinct only applies to 52 Mary Street (52 Mary Street highlighted)
Retail Business uses (including service station and shop) are identified as consistent within the Business Centre Zone if not located in the Mary St/ Thomas St Precinct.  Retail Business uses are identified as inconsistent in the Mary/Thomas Street Precinct.
While Lot 21 has existing use rights for Retail Business Type 5 Vehicle Uses, the context of the existing use differs from that currently proposed. Therefore, impact assessment of an inconsistent use against the entire planning scheme, to the extent relevant, is required.
The development parameters table below summarises the key relevant aspects of the proposal.
Criteria	Planning Scheme	Proposal	Complies
Site Area	1500m²	2486m²	
Population density	N/A	N/A	N/A
Gross floor area or Plot ratio	Maximum GFA in the Mary St/ Thomas St Precinct: 300m2 Plot Ratio outside the Mary/ Thomas St Precinct: 0.8:1 up to 2000m2 and 0.3:1 for >2000m2.	Total site GFA: 270 m² 0.1:1	
Site cover	Maximum site cover in the Mary St/ Thomas St Precinct: 50% max	Total site cover: 39%	
Soft landscaping Landscaping Setbacks	min 10% of site area Average 2m width along frontage & 3 m on side boundaries adjoining land in a residential zone	443.4m² = 17% approx. Average 3 m to frontage and 3 m to side and rear boundaries.	
Building height storeys metres	2 storeys max 10 metres	1 storeys 7.4 metres	
Boundary setbacks Frontage Side Rear	6 metres min 3 metres min from residential uses 3 metres min from residential uses	Approx. 10 metres Approx. 5 metres to adjacent business uses 3 metres to outside face of wall	
Carparking Type 2 Shop or Salon Type 5 Vehicle Uses	7 min 5 min	5 including 1 disabled 4 plus 10 bowser spaces	X X
Motorcycle spaces Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	2 motorcycle spaces 1 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	Nil motorcycle spaces 2 bicycle spaces Not required Not required	X N/A
The proposal has been assessed against the relevant elements of the Noosaville Locality Code.
The Overall Outcomes relevant to the Business Centre zone are supported by the proposed development. Specifically, the following outcomes are of note:
development accommodates uses that do not detract from the role of the Shire Business Centre, as a Major Activity Centre for the purposes of the SEQ Regional Plan and as the principle business centre for Noosa;
development continues to serve the local needs of the Noosaville community and visitors;
the Mary Street/Thomas Street Precinct, as shown on Map ZM8, provides a range of business facilities and services, which do not generate large volumes of traffic or require significant customer parking and which are accommodated in buildings of a domestic scale;
the Mary Street/Thomas Street Precinct incorporates a mix of business and residential uses which reduces commuting pressures and creates a vibrant environment with opportunities for both day and night time casual surveillance;
The proposed development is generally consistent with the Overall Outcomes as the commercial use will not detract from the role of the Shire Business Centre as a Major Activity Centre. The use will continue to provide a use which currently exists on part of the site which serves the needs of the local community. The development is unlikely to result in any significant change to existing traffic flows or trips given the site’s existing uses.  Sufficient parking is accommodated on site to cater for the demand of the uses proposed. The trading hours of 5.00am to 10:00pm will aid in providing additional opportunities for casual surveillance of the area.
The proposed development has also been assessed against the relevant Specific Outcomes of the Noosaville Locality. The proposal was considered generally consistent with the outcomes of the code with some areas of inconsistency, particularly relating to the Mary St/ Thomas St Precinct. The following outcomes are relevant to the application:
O75 The following defined uses and use classes are inconsistent uses and are not located in the Business Centre Zone—
All Agricultural Uses;
Entertainment & dining businesses located in the Mary Street/Thomas Street Precinct
Home-based businesses;
Industrial business;
Retail businesses located in the Mary Street/Thomas Street Precinct;
Education Types 1 or 2;
Emergency service;
Open space;
Wellbeing Types 1, 3 or 4;
Service and utility;
Transport Types 3 or 4;
Detached house;
Community residence;
Multiple housing if not Type 4 consisting of small dwelling units located within the Mary Street/Thomas Street Precinct;
Visitor accommodation Types 1, 2 or 3;
Visitor accommodation Type 4 if not visitor hostel, located on Lots 3 & 4 on RP122928, 14-16     Mary Street.

O85 The predominantly residential character, scale and appearance of buildings in the Mary Street/Thomas Street Precinct is maintained and uses and buildings are designed and sited to—
a)	present a domestic scale and form of architecture, rather than commercial, when viewed from the street and adjoining residential premises;
b)	accommodate small-scale Business Uses that conform with the amenity of adjoining or nearby residential premises;
c)	protect the visual and acoustic amenity of adjoining and nearby residential premises; and
d)	provide for car parking at the rear of the site.

O86 Uses in the Mary Street/Thomas Street Precinct—
a)	are low impact;
b)	are not reliant on passing traffic for business;
c)	do not generate high volumes of traffic or require significant on site areas for car parking;
d)	if adjoining land in a residential zone and not a Residential Use, do not involve night time use; and
e)  	are not Entertainment and dining business or Retail business
As discussed above, Retail Business located in the Mary Street/ Thomas Street Precinct is identified as an inconsistent use within the Business Centre Zone in the Noosaville Locality.  The part of the subject site which falls within the precinct, currently supports an inconsistent use and operates as a vehicle hire premises defined in the planning scheme as Retail Business Type 5 Vehicle Uses. The proposed development, whilst extending into the Mary/Thomas Street Precinct, is located at one end of the precinct adjacent a site zoned for retail business uses and which is currently developed for a service station. The proposal will also provide for improved amenity outcomes to adjoining premises.
With regards to the built form of the development, considerable time was spent with the applicant on the previously withdrawn application, where it was clearly articulated that development within the Mary Street/ Thomas Street precinct must provide a residential, scale, character and appearance. Whilst the previous application did not achieve this outcome the current application is a significantly improved design providing for form and materiality more consistent with the surrounding area and consistent with the outcomes sought by the planning scheme. The appearance of the proposed service station is substantially superior to the existing service station and vehicle hire premises on the site which are not residential in character despite the two small caretaker’s dwellings on the upper level of the existing service station building. The proposed development reasonably maintains a domestic scale despite the increase in site area by inclusion of Lot 21 in the footprint of the service station.  The proposed buildings do not present as overbearing in context of the surrounding residential and commercial premises, with overall height consistent with a residential premises.
Amenity of surrounding residential premises has been considered through the 3 metre setback to the northern boundary which in effect creates a setback to the residential uses of over 6 metres by virtue of the existing stormwater easement which separates the two uses. Acoustic amenity has been considered by inclusion of an acoustic wall along both the northern and western boundary. The very nature of a service station precludes the provision of car parking at the rear of the site. The majority of vehicles will likely be stationery at the bowsers while others may park for short periods of time in the available car parking spaces provided adjacent the eastern boundary. It is considered that the siting of car parking as proposed is acceptable in this instance as the removal of such parking spaces to the rear of the site will do little to alter the visual effect of motor vehicles that are the dominant aspect of such a use.
The change in impacts resulting from the proposal in comparison to the existing situation is likely to be negligible and overall the proposal offers significant improvements to the existing situation.
Land Use & Works Provisions
The application has been assessed against relevant codes of the planning scheme. The pertinent issues arising out of the assessment against the codes are discussed below:
Business Uses Code
The proposed siting of the service station is consistent with the code as it is located within a commercial zone.
The proposal seeks to protect the adjoining residential amenity by providing a suitable setback to the northern boundary with an acoustic wall on the boundary, noting that a 3 metre drainage easement is situated between the development and the residential development to the north of the site.
It is proposed that the service station operate between 5am and 10pm consistent with the operating hours of the existing service station. The code seeks to limit the hours of operation where adjoining a residential use between the hours of 7am and 10pm. The earlier starting time of 5am is supported noting that this is consistent with the existing operating hours and appropriate acoustic measures are proposed to mitigate potential impacts.
With regards to the floor area of the shop, the Business Uses Code provides for the following probable solution:
The gross floor area used for the associated retail sale of goods is limited to 15% of the gross floor area.
While this would equate to 40m2 compared to the 120m2 proposed, the corresponding specific outcome specifies that the,
The associated sale of goods, including foodstuffs, is ancillary to the service station use.
In this regard, the proposed shop is considered ancillary to the service station use, being fully located within the service station and designed to operate in conjunction with the primary use of the site being the supply of fuel. On the whole it is reasonable to assume that the majority of patrons to the site will purchase fuel, with the purchase of food and drink remaining secondary or ancillary to the service station use.
Driveways and Carparking Code
The Driveways and Carparking Code requires the development to provide a total of 12 car parking spaces. The 120m2 use area proposed for the shop would attract a requirement for 7 spaces, with a total of 12 spaces required.
The traffic and car parking impacts of the development have been reviewed by Council’s consultant traffic engineer who advised the proposed car parking is appropriate and will satisfy the likely parking demands.
The planning scheme seeks to ensure provision of 1 bicycle space for Type 2 Shop or Salon per 100m2 GFA. The applicant has provided space for 2 bicycle parking spaces within the landscaping of the site which complies with the scheme requirements.
Landscaping Code
The site currently features minimal landscaping and no significant vegetation. The applicant proposes to include approximately 443m2 of soft landscaping on the site equating to around 17% of the total site area.  This proposal exceeds the minimum 10% required in the Business Centre Zone.
The proposal includes minimum 3 metre wide landscaped areas to the boundaries with a seating area and feature canopy tree proposed on the eastern side of the proposed building. This is considered appropriate to provide shade and shelter for pedestrians and patrons taking short breaks as well as softening the appearance of the building. The pedestrian arbour proposed on the Weyba Road frontage provides a point of interest in the landscape, although serves little purpose other than creating height within the landscape. Soft landscaping is proposed to include a variety of ground covers, shrubs and green wall on the front of the proposed building.
The proposal plan indicates also that a lockable fence and gate would be located behind the wall preventing access to the area behind the building where the water tanks are located.  The location of the gate however, is some 11 metres from the end of the wall that extends east of the building, behind the seating area and feature tree.  Application of CPTED principles would indicate this area as a potential risk as an entrapment area with little surveillance between the building wall, acoustic wall and will be potentially screened with dense shrubs and trees.
The inclusion of a lockable gate is supported, however the location of the gate and fence should be brought eastwards to no greater than 0.5m from the eastern end of the wall.  This will eliminate a potential concealment or entrapment point.
The concept landscape plan is generally supported and it is recommended that a condition be included requiring an Operational Works application generally reflective of the concept landscape plan subject to the CPTED issues being addressed.
Water Sensitive Design Code
The proposed development includes water sensitive design components which do not currently feature on the existing site. All stormwater runoff is proposed to be directed internally on the site to be treated through the proposed treatment train before being discharged via a lawful point of discharge on Mary Street and Weyba Road.
Building Removal, Relocation and Demolition Code
The demolition of the existing development requires management to ensure the likely impacts of demolition on the surrounding environment are mitigated. It is considered that the greatest amenity impacts likely to arise are those attributed to noise, dust and emissions.
It is also considered that in order to minimise intrusion to neighbouring residents, the acoustic fence should be erected following completion of the demolition of the existing building and before new building work or excavation work commences. Constructing this acoustic fence early will assist in protecting neighbouring properties from the impacts of extended periods of construction.  Should the application be approved, an appropriate condition can be included with the decision notice.
Advertising Devices Code
The application also seeks approval of a Development Permit for Operational Works – Signage. The applicant has proposed several signs typical of the branding and identification normally associated with modern service stations. A pylon sign is proposed with each sign face being 4.43m2. Three additional signs which have a total sign face area of 5.78m2 are also proposed.
The extent of signage is consistent with the Noosa Plan except for each sign face of the pylon sign which exceed 4m2. It is recommended that a condition be included to limit each sign face of the pylon sign to no greater than 4m2.
Illumination of signage is not encouraged by the advertising devices code. Given the operating hours of the business from 5am to 10pm, and also given the nature of the business being vehicle orientated, it is considered that the illumination of one sign is acceptable on the condition that the brightness of the LED or internal illumination is not excessively bright.
Overlays
The application has been assessed against relevant overlays. The pertinent issues arising out of the assessment against the codes are discussed below:
Natural Hazards
The site is identified as having an elevation of 1.8-2.0 metres AHD. To aid in protecting the premises during times of flood, measures such as elevating electrical switches and points is a sensible solution so as not to electrify floodwater.
The applicant proposes to locate electrical connections at or above 2.8mAHD which provides approximately 300mm freeboard above the defined flood level identified for the site at 2.5mAHD. The applicant also proposes to use flood resilient building materials and the capacity for goods within the building to be evacuated to higher levels should inundation occur.
draft planning scheme
The draft Noosa Planning Scheme identifies the proposed use by the following definition:
Service Station means the use of premises for –
(a) 	selling fuel (petrol, liquid petroleum gas, automotive distillate or alternative fuels for example); or
(b) 	a food and drink outlet, shot, trailer hire, or maintaining, repairing, servicing or washing vehicles, if the use is ancillary to the use in paragraph (a).
Under the draft planning scheme, the site is identified in the District Centre Zone. All of the site is included within the Mary Street/Thomas Street Health and Wellbeing Precinct. The proposed use if it were made under the provisions of the draft planning scheme would be an inconsistent use subject to impact assessment. It is noted that service stations are inconsistent uses throughout all of the Shire with the exception of Lionel Donovan Drive Auto Precinct.
cONSULTATION
Referral Agencies
The application was not required to be referred to Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator, Development Engineering;
Coordinator, Environmental Health; and
Environment Officer
The application was also reviewed by external consultants in relation to traffic and water quality.
Public Notification
The application was publicly notified for at least fifteen (15) business days in accordance with the Planning Act 2016. Seventeen (17) properly made submissions and Four (4) not properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Letter of support	20 of the total 21 submissions made were in support of the application. The proforma submission letter states that the submitter “regard[s] it as worthy of the community’s backing” and that the “redevelopment would make a valuable contribution to the local economy and improve the character of this important corner in Noosaville”.
Concern relating to amenity of neighbouring residential development during construction	The submitters identify that they are owners of a unit adjacent to the premises and raise concerns around the use of the 3m wide easement between the subject site and 255 Weyba Rd, Noosaville during construction. The submitter requests clarification as to what the builder will do to stop the easement being used during construction with potential to damage their new fence and the proximity to the clothes line in the rear courtyard of their property. The submitter also seeks clarification as to when the 3 metre acoustic barrier will be installed. In consideration of the concerns raised in the submission it is considered that conditioning the development to install the acoustic barrier after demolition and prior to any further building works commencing is a reasonable requirement.  This will allow noise and dust to be minimised during the period of construction. While it is understood that noise may result from the demolition of the existing premises, the period of time that this will be undertaken would be far less than the rebuilding phase. Further, the northern boundary of the site would be more readily accessed for installation of the acoustic barrier after the existing buildings have been removed.
conclusion & REASONS FOR DECISION
The application seeks approval for Retail Business in the form of a service station and shop which are consistent uses in the Business Zone, but inconsistent in the Mary/Thomas Street Precinct.
It is recommended that the application be approved as a service station currently exists at 54 Mary Street whilst a vehicle hire business currently operates at 52 Mary Street. The subject site is suitably situated on a corner and is located on the major road network. The proposal also provides for a significant improvement to the current built form and results in improved amenity outcomes for adjoining residents.
The applicant has demonstrated that the service station can operate without adverse effects on the major road network with safe vehicle and tanker access and the queuing and manoeuvring being wholly within the site. The built form, layout, and landscaping all comply with The Noosa Plan.
Where impacts have been identified, appropriate reasonable and relevant conditions have been applied. The proposal does not raise any other significant planning concerns and is recommended for approval, subject to conditions.
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		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development	X	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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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 DECEMBER 2019

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[NOOSAVILLE PROPOSED SERVICE
ccENTRE

 

 

 

 

MARY STREET AND WEYBA
ROAD, NOOSAVILLE QLD 4566