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2015-05-26 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 26 May 2015
commencing at 1.30pm
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Noel Playford, Tony Wellington, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Full text of sections 2 to 91 (of 171)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 3
DA Planning & Environment 3
1 MATERIAL CHANGE OF USE APPLICATION FOR INDUSTRIAL BUSINESSES,
SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET (TRADIES
CAFE) AT 139 EUMUNDI NOOSA RD & 30 LIONEL DONOVAN DV, NOOSAVILLE
- MCU14/0102 & OPERATIONAL WORKS APPLICATION FOR SIGNAGE -
OPW15/0051 3
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
INDUSTRIAL BUSINESS TYPE 2 PRODUCTION, ALTERATION, REPACKAGING
AND REPAIRING SITUATED AT 178 EUMUNDI NOOSA RD, NOOSAVILLE -
MCU14/0083 42
3 APPLICATION FOR BUILDING WORKS WITHIN 4.5 METRE SETBACK
SITUATED AT 14 THE PENINSULA, NOOSAVILLE - PBA15/0003 57
4 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A
COMMERCIAL BUSINESS TYPE 3 VETERINARY AT 28 EENIE CREEK RD,
NOOSAVILLE MCU15/0017 68
5 REQUEST TO CHANGE A CONDITION OF A DEVELOPMENT PERMIT FOR A
MATERIAL CHANGE OF USE FOR A HOME BASED BUSINESS TYPE 3 -
SIGNIFICANT SCALE (QUAD BIKE TOURS) AT 298 TABLELANDS ROAD,
COORAN MCU12/0012.01 76
6 MATERIAL CHANGE OF USE APPLICATION FOR RETAIL BUSINESS TYPE 2 -
SHOP & SALON SITUATED AT 15 NOOSA DR, NOOSA HEADS - MCU14/0053 91
7 MATERIAL CHANGE OF USE APPLICATION FOR A SELF-CONTAINED RV
STOP SITUATED AT 17 MARY RIVER RD, COOROY - MCU15/0003 105
Strategic Land Use Planning 124
8 KOALA HABITAT PROTECTION - NOOSA PLAN AMENDMENTS 124
CORPORATE SERVICES DEPARTMENT REPORTS 128
Finance 128
9 FINANCIAL PERFORMANCE REPORT - APRIL 2015 128
Property and Facilities 137
10 LEASE AGREEMENTS FOR SUNRISE SHOPS - SHOPS 3, 4, AND 7 137
EXECUTIVE OFFICE REPORTS 142
11 LIVING SMART EVALUATION 2015 142
Governance 147
12 REPEALING NOOSA COUNCIL LOCAL LAWS 147
13 CONTACT WITH LOBBYISTS POLICY AND GUIDELINE 156
CLOSED SESSION -
Page 2 of 171
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
DA Planning & Environment
1 MATERIAL CHANGE OF USE APPLICATION FOR INDUSTRIAL BUSINESSES,
SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET (TRADIES CAFE) AT
139 EUMUNDI NOOSA RD & 30 LIONEL DONOVAN DV, NOOSAVILLE - MCU14/0102
& OPERATIONAL WORKS APPLICATION FOR SIGNAGE - OPW15/0051
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM/ Application/ MCU14/0102/ OPW15/0051
Attachments 1. Proposal Plans
2. Signage Plans
APPLICATION DETAILS
Applicant Empirica Developments
C/- DFS Group convenience
Proposal Development Permit for Material Change of Use for a Mixed Use
Development comprising:
Industrial Business Type 1 – Warehouse
Industrial Business Type 2 – Production, alteration, repackaging &
repairing
Retail Business Type 2 – Shop & Salon (7-Eleven Convenience
Store)
Retail Business Type 5 – Vehicle Uses (Service Station)
Retail Business Type 6 – Hardware Store
Entertainment & Dining Business Type 1 – Food & Beverages
(Tradies Café)
Development Permit for Operational Works - Signage
Properly Made Date 19 December 2014
Information Request Date 27 January 2015
Information Response Date 02 April 2015
Decision Due Date 4 June 2015
Number of Submissions 14 (1 objection and 13 in support)
Page 3 of 171
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
PROPERTY DETAILS
Property Address 139 Eumundi Noosa Road &
30 Lionel Donovan Drive, Noosaville
RP Description Lot 4 SP 159610 and Lot 31 SP 170751
Land Area 4166m² and 3574m² = 7740m²
Existing Use of Land Lot 4 -Mechanical repairs, car sales yard and plumbing supply business
Lot 31 - Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type Impact Assessment
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 26 May 2015 regarding Application No. MCU14/0102 for a
Development Permit for Material Change of Use for a Mixed Use Development comprising
Industrial Business Type 1 – Warehouse Industrial Business Type 2 – Production, alteration,
repackaging & repairing Retail Business, Type 2 – Shop & Salon (7-Eleven Convenience Store),
Retail Business Type 5 – Vehicle Uses (Service Station), Retail Business Type 6 – Hardware
Store and Entertainment & Dining Business Type 1 – Food & Beverages (Tradies Café) and
Application No. OPW15/0051 for a Development Permit for Operational Works for signage
situated at 139 Eumundi Noosa Road and 30 Lionel Donovan Drive, Noosaville and:
A. Approve the application for a Material Change of Use in accordance with the following
conditions:
PLANNING
When Conditions must be Complied With
1. 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
2. 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.
Plan No. Rev. Plan/Document Name Date
DA-01-01 C Site layout, prepared by Powe Architects 20/03/2015
DA-01-02 E Site – Roof & Signage Location Plan, prepared by 1/04/2015
Powe Architects
Page 4 of 171
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
DA-02-01 B Floor Plans, prepared by Powe Architects 18/03/2015
DA-02-02 B Floor Plans, prepared by Powe Architects 18/03/2015
DA-03-01 C Elevations, prepared by Powe Architects 20/03/2015
DA-03-02 C Sections, prepared by Powe Architects 20/03/2015
SD-01 E Landscape Concept Plan and Section, prepared by 27/03/2015
DFS Group
SD-02 E Landscape Concept Plan and Elevation, prepared by 27/03/2015
DFS Group
SD-03 E Design Intent & Suggested Plant Palette, prepared by 27/03/2015
DFS Group
3. 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 Operational Works*.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. The approved Gross Floor Area of the Service Station is 123m².
5. The approved Gross Floor Area of the Convenience Shop is 100m².
6. The approved Gross Floor Area of the Entertainment and Dining Business – ‘tradies
café is 90m² and 35m² of outdoor dining. In this regard the plans must be amended to
meet this condition.
7. The approved Service Station and Convenience Shop may operate 24 hours.
8. The Entertainment and Dining Business is approved as a ‘tradies café’ and must not
operate outside the hours of 5am to 6pm Monday to Sunday.
9. At all times while the industrial businesses continue, 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 for an industrial use must not exceed 20% of the
gross floor area.
Building Height
10. The maximum height of the development must not exceed 10 metres above the
finished ground level and the natural ground level.
11. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Landscaping
12. The development must be landscaped in accordance with the approved site plan and
landscape concept plans, Planning Scheme Policy PSP3 - Landscaping Plants and
Guidelines and an Operational Works approval. In this regard the setback area to the
Walter Hay Drive frontage must be densely landscaped to effectively screen the
building generally as shown in Elevation B-B on the approved landscape concept
plans.
Page 5 of 171
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Building Appearance
13. The northern roundabout elevation must incorporate painted graphics generally in
accordance with that indicated on the approved plans.
Performance Bond
14. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000
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. 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.
Street Identification
15. 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.
Water & Sewer Connections
16. An underground connection to reticulated water and sewerage must be provided to
the development site in accordance with the standards and requirements of Northern
SEQ Distributor–Retailer Authority (Unitywater).
17. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
Fencing and Walls
18. Any fencing to the road frontage must be set back at least 1 metre from the street
boundary, and must have a minimum average setback of 2 metres to the street
boundary. All land between the fence and the front property boundary must be
densely landscaped.
Community Management Statement
19. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment.
20. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice.
ENGINEERING
External Works
21. The full frontage of the subject site to Eumundi Noosa Road and Lionel Donovan
Drive must be upgraded generally according to the approved plans. The works must
be undertaken in accordance with an Operational Works approval and must include
in particular:
a. construction of pedestrian concrete pathways in accordance with the
requirements of The Noosa Plan and Council specifications. Where necessary
the new pathways must be extended beyond the frontage of the site to achieve
grades in compliance with the current standards and smoothly connect to
existing adjoining pathway.
b. adjustment to or the upgrade of any existing underground services where
necessary
Page 6 of 171
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
c. replacement of any damaged sections of the existing kerb and channel
d. installing new street signs and/or relocating existing signs as may be required in
the final design
e. removal of any redundant property access and reinstatement of the kerb,
footpath and verge area to match the balance of the site frontage, including the
provision of topsoil and seed/turf for grassed verges as necessary
f. amendment and/or reinstatement of existing road linemarking
g. undergrounding existing overhead electricity connections to the site in
accordance with the conditions of this Decision Notice.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
Site Access and Driveways
22. A sealed access driveway must be provided from Eumundi Noosa Road and Lionel
Donovan Drive to all parking and manoeuvring areas of the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. driveway crossovers in accordance with IPWEAQ standard drawing SEQ R-051
b. the relocation or modification to any existing services affected by the driveway
construction
c. 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 frontage streets
Car Parking
23. A minimum of 65 car parking spaces and 8 motorcycle spaces must be provided and
marked on the site. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
b. a minimum of 3 disabled parking spaces within the total.
24. 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.
25. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Service Vehicles
26. 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 and must include in particular:
a. 4 HRV spaces
b. regular access for a semi-trailer (refuelling vehicle).
Page 7 of 171
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Pedestrian and Bicycle Facilities
27. 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. a 2 metre wide concrete footpath within the road verge for the entire length of
the site’s frontage to Eumundi Noosa Road
b. a 1.5m wide concrete footpath within the road verge for the entire length of the
site’s frontage to Lionel Donovan Drive and extending to join to the existing
footpath to the south-west.
c. signage and lighting at strategic locations to direct people to building entries
d. pedestrian refuge areas at strategic locations within the carpark to ensure safe
and convenient congregating of pedestrians waiting to cross major access
driveways.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009
being non-trunk infrastructure.
28. A total of 15 bicycle parking spaces and suitable end of trip bicycle facilities must be
provided for the development. End of trip facilities must be provided at the following
rate:
a. 1 locker per 2 bicycle spaces
b. 1 shower cubicle with ancillary change room per 10 bicycle spaces or part
thereof.
Stormwater Drainage
29. 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 be generally in accordance with the Stormwater Management
Plan – Report No F0002-AA007595-AAR-05 – dated 30 March 2015 prepared by
Hyder.
Stormwater Quality Management
a. A stormwater quality treatment system must be provided for the development.
The works must be undertaken in accordance with an Operational Works
approval and the Bioretention Technical Design Guidelines (Water by Design,
2012), and must include in particular bioretention devices which:
i. are designed generally in accordance with IPWEQA Standard Drawing
No. WSUD-001
ii. are provided with a free-draining outlet from the sub-soil drainage system
iii. swales which are designed in accordance with the Water Sensitive
Urban Design Technical Design Guidelines for South East Queensland.
30. All stormwater quality treatment devices must be maintained in accordance with the
Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version 1). A
copy of this document must be retained on the site together with the approved
Operational Works drawings for the stormwater quality treatment system and a
detailed life cycle costing of the system attached as an addendum. Records of all
maintenance activities undertaken must be kept and made available to Council upon
request.
Page 8 of 171
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
31. Any proposed Community Management Statement required for the development
must include the Water by Design (2009) – Maintaining Vegetated Stormwater Assets
(Version 1) document and must include the full cost of maintaining the system in
accordance with that document.
Acid Sulfate Soils
32. All works must be carried out in accordance with an 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)
Electricity and Telecommunication Services
33. 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.
34. 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.
Undergrounding of Existing Overhead Powerlines
35. The existing overhead electricity connections to the site must be removed and any
new connection service must be provided underground.
Easements
36. 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.
37. Draft easement documentation must be submitted to Council for endorsement.
38. 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
39. All fill and associated batters must be undertaken in accordance with an Operational
Works approval and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
40. Any damage caused to existing services and assets above or below the ground must
be repaired:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
Page 9 of 171
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
ENIRONMENTAL PROTECTION – COMPLIANCE WITH GENERAL
ENVIRONMENTAL DUTY WITH OPERATION OF SERVICE STATION* (refer to
Advisory Notes)
General
41. Details must be submitted demonstrating how the Manifest Quantity Workplace
(MQW) will comply with State interests (Workplace Health and Safety Queensland)
for the design and operation of the service station. These details must be submitted
and approved by Council’s Waste and Environmental Health Section, prior to the
issue of a Development Permit for operational works.
42. Upon completion of the service station works and prior to its use, certification must be
submitted from a suitably qualified and experienced person (environmental
consultant) confirming the works meet compliance required by Manifest Quantity
Workplace.
43. The operator of the service station must keep a copy of this development approval
conditions relating to “Environmental Protection – Compliance with General
Environmental Duty” on site, in a location readily accessible to personnel carrying out
this activity.
44. The operator of the service station must keep at the premises all records and
documents required to be kept by a condition of this development approval, for a
period of at least 1 year, and make the records and documents available for
examination immediately upon request by a Council authorised officer.
45. The operator of the service station must not change, replace or operate any plant or
equipment installed, if the change, replacement or operation increases or is likely to
substantially increase the risk of environmental harm.
46. Any visible light released must be of the appropriate type, and be positioned to
ensure spill and obtrusive light does not exceed the recommended values of AS 4282
“Control of the obtrusive effects of outdoor lighting”, so as not to cause an
environmental nuisance at or beyond the boundary of the property.
47. Notwithstanding any other condition of this development approval, this development
approval does not authorise any release of contaminants that cause or is likely to
cause an environmental nuisance beyond the boundary of the property.
48. Material safety data sheets for all chemicals used and/or stored with the service
station operations, must be kept on site and be readily available for reference by
personnel.
49. All instruments, equipment and measuring devices used for measuring or monitoring
in accordance with any condition of this approval, must be calibrated, operated and
maintained in accordance with the manufacturer’s specifications.
50. All employees must be trained upon hiring and regularly updated as necessary on
their legislative responsibilities in relation to the general environmental duties
involved with the operation of this service station.
51. The property must be supplied at both the Eumundi Noosa Road and Lionel Donovan
Drive entry points, with an approved:
a. Outer warning placard with the word HAZCHEM.
b. Sign marked HAZMAT box inside both these front entry points containing an
approved manifest of –
i. name of occupier and address location of premises
ii. contact details of at least 2 persons who may be contacted in the event of
a major accident
Page 10 of 171
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
iii. plan of premises showing location of tanks, essential site services
including fire services and isolation points of fuel and power, and all
drains.
iv. type of underground tanks and their identification number or code
v. type of fuels and capacities.
Fuel storage
52. The underground petroleum storage system (UPSS) must be designed by a suitably
qualified and experienced person, and a copy of the design certification must be
provided to Council prior to issue of development permit for operational works.
53. The underground storage tanks must be designed and constructed of a standard not
less than that required by AS1692 “Tanks for the storage of Flammable and
Combustible Liquids”. A certificate of compliance shall be provided by the
manufacturer of the tanks prior to use of the tanks.
54. The underground tanks must be installed in accordance with AS 1940 and AIP Code
of Practice CP4 Code of Practice for Design, Installation and Operation of
Underground Petroleum Storage Systems. A Certificate of Compliance from a
suitably qualified and experienced person must be provided to council prior to
operation of the service station.
55. All electrical wiring and equipment located in a hazardous zone including dispensers,
must comply with relevant Australian Standards. A Certificate of Compliance from an
approved electrical contractor must be provided to Council prior to operation of the
service station.
56. The underground tanks together with their anchorage and piping must be protected
from corrosion by one or more of the following methods:
a. approved long life protective coatings or wrappings
b. corrosion resistant materials of construction e.g. FRP.
Consideration must be given to the corrosion history of the area in the selection of
type of protection to be used.
57. Underground tanks must be separated from each other by not less than 150mm.
58. Secondary containment for product piping must be double-walled piping with an
interstitial space. The manufacturer is to provide a written specification and
performance warranty certifying compliance with AIP Code of Practice.
59. Monitoring of the interstitial space of the double walled tanks or product piping must
be capable of detecting a release through either wall of the tank or product piping. A
6-monthly inspection program conducted by a suitably qualified and experienced
person is required to monitor the following:
a. the system is active
b. leak detection measurements (e.g. liquid levels or pressure levels) are within
manufacturer’s tolerances
c. leak detection measurements are recorded
d. any loses outside the manufacturer’s leak detection tolerances are to be
reported to council in writing and the tank owner immediately.
60. All pipe work and equipment must be located so that it is protected against impact
damage from vehicles or mobile plant, and must not cause excessive stress where
connected to the tank.
Page 11 of 171
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
61. The portion of the vent pipes located below ground for the underground tanks must:
a. be located not less than 300mm below ground level
b. be surrounded by clean washed sand
c. be suitably protected if the area is subject to vehicular traffic
d. be designed and installed to provide flexibility to accommodate settlement
e. fall consistently back to the tank at a slope not less than 1 in 100
f. be of a size in compliance with AS 1940.
62. The vent pipes for the underground tanks must terminate in an approved vertical or
horizontal discharging vent cap not less than:
a. 2 metres above the roof line
b. 4 metres above the level of the ground covering the tanks
c. 4 metres laterally from any opening into a building (e.g. window, door,
ventilator, air-conditioner, mechanical vent intake, etc).
63. The discharge end of a vent must be protected from the ingress of foreign material
with a protective mesh or fitting and must discharge upwards.
64. The free standing vent pipes must be protected from damage during normal
operations.
65. The pressure-vacuum vent must not be fitted to an underground tank. A free vent in
accordance with AS 1940 must be fitted.
66. The UPSS must not be commissioned until a suitably qualified and experienced
person provides council with a written certification that the installation complies with
the previously certified design.
67. Following installation of the UPSS, an equipment integrity test must be carried out in
accordance with the directions of a suitably qualified and experienced person, and a
copy of the test certificate is provided to Council prior to use of equipment.
Operational
68. A Safety Management Plan must be developed and implemented for the operation
and maintenance of the UPSS that includes both tanks and piping. The plan must
include systems and procedures for preventing and monitoring for spills and leaks,
and the appropriate response plan to these events. The management system must
incorporate the following components:
a. objectives and targets to comply with all relevant legislation
b. hazard identification and risk assessment
c. details of the UPSS design and installation details (tank sizes, contents,
location of all relevant infrastructure)
d. list of industry standards complied with for the design, installation and operation
of the system
e. plans of the system and site
f. leak prevention measures
g. loss monitoring procedures
h. system maintenance procedures
i. emergency spillage response plan
Page 12 of 171
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
j. loss investigation and notification procedures
k. record keeping
l. training requirements and records
m. information on ownership and occupation of both the site and the UPSS,
including specific contractual/franchise arrangements, defined responsibilities
and relevant contact details.
The safety management plan must be fully documented and made available onsite at
the service station. The plan must be submitted to council prior to use of the service
station.
69. An Emergency Spillage Response Plan for spilt fuels and other hazardous materials
must be developed as part of the Safety Management Plan and implemented at the
service station. The plan will establish procedures to respond to identified hazards
and to contain and dispose of spilt chemicals. All spilt materials must be contained to
prevent the spread of the material, the affected area cleaned, and the material
recycled, reused or disposed of in a manner that prevents contamination or further
contamination of the ground surface, ground waters or soil. The plan must include
but not be limited to the following matters:
a. all actions to be taken by staff upon discovery of an incident
b. activation of emergency shut-off systems
c. use of spill clean-up kits
d. covering of drain entrances and bunding of impacted waterways
e. notification of emergency services where necessary
f. an accurate set of drainage plans which identify all containment and treatment
systems and all potential points of access to Council stormwater infrastructure.
Drainage plans must clearly trace the flow of any potential spillage and shall
identify the location of the outlet point (e.g. creek, river, etc). A copy of the
drainage plan must be placed in the two (2) HAZMAT boxes for the use of
emergency responders
g. a flow chart providing an overview of actions to be taken in the event of a spill
must be prepared and posted in a clearly visible location. It must include a list
of emergency telephone numbers
h. notification of council as soon as practicable where a spill presents actual or
potential environmental harm (e.g. a spill that leaves the property and enters
stormwater or natural drainage systems).
Fuel dispensing area and forecourt
70. All ground surfaces within fuel dispensing areas must be made of impervious material
such as concrete or equivalent (asphalt is not suitable), and must be maintained free
of gaps or cracks.
71. All non-fuel dispensing forecourt surfaces not under canopy must be made of
impervious material such as concrete or equivalent (asphalt is considered suitable for
non-dispensing areas), and must be maintained free of gaps or cracks.
72. Fuel dispensing areas must be clearly delineated from other forecourt areas by
measures including but not limited to painted lines on the ground, roll-over bunds
and/or different coloured concrete. Fuel dispensing areas must be designed so that
no vehicle may be refueled outside the delineated areas.
Page 13 of 171
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
73. Drainage inlets located in the vicinity of the general forecourt area must be provided
with signage indicating the fate of flow such as “flows to creek” or “flows to treatment
system”.
74. All hazards associated with bulk fuel delivery operations must be identified and
managed and measures must be taken to prevent spills from entering Council’s
stormwater infrastructure or otherwise leaving the site.
75. Forecourts must not be hosed down or cleaned with the use of emulsifying
detergents. Dry cleaning methods appropriate for forecourt include industrial class
brooming, mechanical or powered sweepers, industrial vacuum units or absorbents.
76. Leakage or spills of oils and/or other fluids from vehicles entering forecourt areas
must be cleaned up as soon as practicable to prevent access of contaminants to
stormwater drains.
77. Spill kits must be provided and maintained in strategic locations. They must be
appropriate in size, type and equipment to the identified hazards. Kits must consist of
but not be limited to the following:
a. oil absorbent materials
b. impervious drain covers
c. drip trays
d. spades, funnels
e. hydrocarbon compatible containers
f. appropriate PPE.
78. All dispensing installations must be provided with a clearly identified switch or circuit-
breaker which will enable the power to be shut-off to all dispensing units at a location
remote from any dispensing unit and easily accessible in an emergency.
79. A prominent sign must be provided on or near the dispenser with letters marked at
least 50mm high with the words “STOP ENGINE – NO SMOKING”.
80. An installation in which a dispenser is operated by a customer under the observation
of a central supervisor or attendant must incorporate the following features:
a. a control console located within 40 metres of each of the units so that the
operation of each unit by the customer is visible to the attendant either by direct
vision or by means of a mirror or mirrors, or the equivalent
b. a control console switch that will cut off the operation of each unit at any time
c. a telephone at the control console for use in an emergency
d. the dispensing unit must not be operable unless the attendant is on duty at the
control console
e. the delivery nozzle for any dispenser of fuel must be of a type that cannot be
latched open during delivery (e.g. fuel caps, keys or any other device).
81. The delivery nozzle for the dispensers must incorporate the following features:
a. a device that automatically shuts off fuel flow when the level of the liquid in the
receiving vessel reaches the end of the nozzle.
b. must be so designed that fuel flow is shut off and remains shut off if the nozzle
is dropped onto a non-resilient surface from a height of 250mm or greater.
c. must incorporate a safety device (safety cut-out attitude valve) so designed that
the fuel flow is shut off and remains shut off if the nozzle spout is tilted above
horizontal from its normal operating position.
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d. nozzle/hose assembly must be capable of dissipating any static electricity
charge generated during filling.
82. Two (2) units of 9kg AB(E) dry chemical fire extinguishers must be provided for the
fuel dispensing installation. The units must be spaced within the dispensing area in
easily accessible positions.
83. Spills and leaks from the dispensing area and tank filling point must be directed to a
spillage control system with a holding tank capacity of at least 20,000 litres. The
covered fuel dispensing area must be paved and graded such that any runoff is
captured by the system. The design must ensure that stormwater does not ingress
this area.
Leak detection for fuel tanks
84. All reasonable and practicable measures must be taken to prevent loss of
containment from the UPSS. An approved leak detection system must be installed
and operated at sufficient frequency, sensitivity and reliability to provide a high level
of confidence that a release of a petroleum product will be detected in sufficient time
for a response to be implemented before an unacceptable risk is posed to human
health, property or the environment. As a minimum standard, all UPSSs are required
to be monitored using a system that:
a. can detect a leak from any portion of the UPSS
b. uses equipment that has been installed, calibrated and commissioned in
accordance with the manufacturer’s instructions
c. is capable of detecting a leak at a rate of 0.76 litres per hour or more, with at
least 95% accuracy and a probability of false detection of 0.05 or less (USEPA)
d. has been certified by an independent third party consistent with the current
USEPA protocols and system of verification
e. reports with a frequency of not less than monthly
f. is operated by a suitably trained person.
Integrity testing UPSS
85. The service station operator must establish, implement, maintain and review
procedures for the maintenance, inspection and testing of UPSS. Procedures must
ensure that equipment and infrastructure is maintained in accordance with
manufacturer’s specifications and relevant Australians Standards.
86. Equipment integrity tests of the UPSS is to be undertaken in accordance with the AIP
Code of Practice at the following times:
a. immediately before commissioning the new UPSS
b. immediately following any upgrade to the UPSS
c. immediately before installing a cathodic protection system on an existing tank
d. immediately following installation of re-used equipment
e. immediately following any equipment retrofit
f. immediately following any repair to equipment
g. where the leak detection systems indicate failure
h. where there is only one method of leak detection system in use
i. where there is evidence of a leak
j. when requested by council.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
87. The results of the equipment integrity test must be provided to council when
requested and must provide as a minimum the following information:
a. equipment identification number
b. location and date of test
c. results of test and test method
d. certification by and details of testing company or individual
e. discussion, conclusion and any remedial actions proposed, implemented and
timetable for compliance.
Ground water monitoring wells
88. The design and installation of ground water monitoring wells around the service
station must be by a suitably qualified and experienced person. That person must
provide the operator with a list of the industry standards that have been followed in
connection with the design and installation. Copies of the design and installation
certificates must be provided to Council prior to use of the service station.
89. The number and location of the ground water monitoring wells must be determined by
a suitably qualified and experienced person, with a view to maximizing the likelihood
that the wells will intercept contaminated ground water whatever the ground water
flow conditions.
90. The ground water monitoring wells must be:
a. installed and operational before use of the service station
b. sealed to exclude surface water, clearly marked to indicate their presence and
properly secured.
91. The ground water in the monitoring wells must be tested for petroleum contamination
within 30 days after either:
a. the discovery whether by routine test or otherwise that ground water may be
contaminated by petroleum originating from the property
b. the discovery whether pursuant to the loss monitoring procedure for the system
or otherwise that the system has a leak.
Vapour recovery
92. The design and installation of Stage 1 Vapour Recovery System to the service station
must be by a suitably qualified and experienced person and comply with the
following:
a. installed for all fuel storage tanks to return vapour displaced during filling
b. mixing of product must be prevented in pipework common to more than one
tank
c. spring-loaded vapour return adaptor that closes when the hose is disconnected
must be installed in the top of the riser
d. vapor recovery point must be located within 2 metres of the respective fill point.
93. Establish, implement, maintain and review procedures for the operation and
maintenance of the system.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
De-commissioning UPSS
94. UPSS may be temporarily decommissioned for a period of up to 2 years. During this
time the tank must be filled with water mixed with a water-miscible corrosion inhibitor
(as per manufacturer’s instructions), or made safe by other approved methods in
accordance with the relevant Australian Standards and Workplace Health and Safety
Qld.
95. Council must be notified when any tank is temporarily decommissioned. Before the
tank can be reused that system must undergo equipment integrity testing to ensure
tightness and certification submitted to council.
96. Where more than 2 years elapses since a tank were decommissioned, the UPSS
must be permanently removed in accordance with the relevant Australian Standards
and Workplace Health and Safety Qld.
97. Certification must be provided to Council confirming the UPSS de-commissioning
was conducted by a suitably qualified and experienced person, and that removal,
transportation and disposal was in accordance with the Standards and legislation.
98. At the time of abandonment of any UPSS the site must be investigated for
contamination. An assessment report must be prepared by a suitably qualified and
experienced person 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 the:
a. decommissioning of an UPSS if no soil or ground water remediation is required
b. completion of any remediation associated with the decommissioning of an
UPSS if remediation is required.
99. All records associated with the decommissioning of UPSS must be maintained for a
period of 7 years after removal of the 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.
Air
100. The release of noxious or offensive odours or other airborne contaminants, including
particles, smoke, fumes and aerosols resulting from the service station, must not
cause environmental harm to any occupier of the property or beyond the boundary of
the property.
Noise
101. The emission of noise from the service station operation must not exceed the levels
specified in Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted
PERIOD
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
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted
PERIOD
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)
102. When requested by the administering authority, monitoring and recording of noise
levels must be undertaken to investigate any non-vexatious complaint caused by
noise emissions from operations at the premises. Such monitoring must be
undertaken within a reasonable and practicable timeframe nominated by the
administering authority and be carried out by a suitably qualified and experienced
person. Once completed, the results of such monitoring must be submitted to the
administering authority for review.
Water
103. The service station operation must not be conducted in a manner that may cause the
contamination of surface storm water run-off.
104. Contaminants or contaminated water must not be directly or indirectly released from
the premises or to the ground or water except for:
a. Uncontaminated overland storm water flow.
b. Uncontaminated storm water to the storm water system.
c. Contaminants lawfully released to sewer.
Waste
105. Wastewater and other liquid waste must be discharged to sewer or transported to an
approved hazardous waste facility. The operator must comply with the conditions of
a current trade waste permit and/or conditions to collect and transport regulated
waste to an approved hazardous waste facility.
106. All solid waste must be removed to an approved waste facility by an approved waste
transporter.
107. A contaminant (including a waste) must not:
a. be buried at the premises
b. be in contact with soil at the premises
c. directly or indirectly seep or penetrate into the soil
d. all spent media and contaminants must be removed off site and disposed of at
either a lined landfill or a hazardous waste treatment facility
e. liquid waste, gas cylinders or hazardous fines must not be disposed of into an
industrial waste bin.
108. All reasonable and practicable measures must be taken to ensure the waste storage
area is kept to a standard of cleanliness where there is no accumulation of:
a. waste, except in waste containers
b. recycled matter, except in containers
c. grease
d. other visible matter
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Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
ENIRONMENTAL PROTECTION – WHOLE DEVELOPMENT
Waste
109. A Waste Management Plan (Operational) in accordance with Planning Scheme
Policy No. 9 Waste Management and Planning Scheme Policy 11, Waste
Management Plans* must be submitted for the day-to-day operation of the
development and approved by Council’s Waste and Environmental Health Section,
prior to issue of development permit for operational works. (*refer to Advisory Notes)
The Plan must include the following information: -
a. the types of wastes that will be generated from the activities approved within
the development
b. estimated volumes or tonnage of both recyclables and waste generated
c. methods to be used for dealing with garden waste
d. initiatives to minimize waste either by waste prevention, reduction, re-use or
recycling
e. description of procedures for getting all waste to the bins; the storage of bins
and the collection of bins by the contractor
f. a description of the design details of waste storage and recycling areas
including size, location, elevation and floor plan, methods of bin washing and
system to prevent storm water getting into sewer via the bin wash
g. a description of types and volume of waste storage containers to be used
h. the waste and recycling storage area shall include the provision of containers
for all waste and recycling materials including putrescible matter, non-recycling
waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, Styrofoam
boxes, etc, and bin washing facilities connected to sewer
i. a detailed description of vehicular access to collect waste. Where collection is
off street, access must allow vehicles to enter and leave the site in a forward
direction.
110. A Waste Management Plan (Construction and Demolition) in accordance with
Planning Scheme Policy No. 11 Waste Management Plans must be submitted and
approved by Council’s Waste and Environmental Health Section, prior to issue of a
development permit for operational works for demolition, removal or relocation of any
building. 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. (Refer to Noosa Council Waste Management Code)
The Plan must contain the following information:
a. the site area for the storage and separation of waste
b. a waste management table as indicated below must be completed showing how
waste material is to be segregated - recycled – reused or disposed.
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Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume *specify *specify contractor and
(m³) proposed re-use contractor and landfill site or
or on-site recycling outlet other disposal
recycling site
methods
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.
The purpose of the Waste Management Plan is to facilitate the segregation of waste
for the effective reuse and recycling of such materials. Additionally Council rewards
those who segregate waste by significantly reducing disposal fees at the landfill some
items are free. Higher gate fees are charged for loads of mixed waste.
B. Approve the application for Operational works for Signage in accordance with the following
conditions:
1. 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-01-02 E Site – Roof & Signage Location Plan, prepared 1/04/2015
by Powe Architects
DA-05-01 C Signage Schedule, prepared by Powe Architects 01/04/2015
2. 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.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
3. 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:
a. one freestanding pillar sign per frontage with a maximum height of 5m. Any
pillar sign fronting Walter Hay Drive must be setback half its height from the
boundary.
b. tenant 1, 2, 3, 4 and 5 (as described on the approved plans) wall signs must not
exceed a single sign face area of 4m² and a maximum total sign face area of
10m² each.
c. one illuminated sign per frontage.
4. 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).
5. 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
6. The approved illuminated sign must not incorporate flashing lights nor involve
illumination by any means other than:
a. an internal light source
b. a down light, if externally lit.
7. 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.
8. All sign illumination must be switched off between 11:00pm and sunset of the
following day except if a service station illuminated sign which may remain on during
trading hours.
9. All conduits, wiring, switches or other electrical apparatus installed on an advertising
device must be concealed from general view.
Movement
10. 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
11. 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.
Cessation of Use
12. The approved signs must be removed from the site upon cessation of an associated
use.
C. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The convenience shop will fulfil a demonstrated need for convenience shopping
within the area.
2. The convenience shop is well located on Noosa’s major road network to capture
some escape expenditure by servicing the convenience needs of the travelling public.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
3. There is a demonstrated need for a small ‘tradies café’ to service the workers of the
industrial estate, without negatively impacting on surrounding uses.
4. The ‘tradies café’ is suitably located to improve pedestrian accessibility to food
offerings in the Noosaville industrial area.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
PLANNING
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in
addition to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
2. Prior to the commencement of the use, please contact Planning Assessment to arrange a
Development Compliance Inspection.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
3. From 1 January 2000, the Building and Construction Industry (Portable Long Service
Leave) Levy must be paid prior to the issue of a development permit where one is required
for the 'Building and Construction Industry'. This applies to Building Works, Operational
Works and Plumbing and Drainage Works applications, as defined under the Sustainable
Planning Act 2009, where the works are $150,000 or more and matching the definition of
'Building and Construction Industry' under the Building and Construction Industry (Portable
Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without
receipt of details that the Levy has been paid. Should you require clarification in regard to
the amendments to the Building and Construction Industry (Portable Long Service Leave)
Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
4. To assist Council to undertake an integrated assessment of the operational works
application, all aspects of the works must be included in one (1) application and be in
accordance with Council’s planning scheme. Additional application fees apply to
applications where the different aspects of the works are lodged separately. Significant
savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
5. The works identified in this Decision Notice will be required to be carried out in accordance
with a Construction Management Plan endorsed by Council through an approval for
Operational Works. To ensure expedient assessment of any Operational Works
application, the applicant is advised to submit a preliminary Construction Management Plan
that addresses the requirements of the planning scheme. In particular, the preliminary
Construction Management Plan should address the following:
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Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill sites/sources, the haulage route, type of vehicle
to be utilised during filling operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense
g. it is acknowledged that the Construction Management Plan will be a draft document
requiring finalisation upon appointment of the Principal Contractor employed to
construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Qualified Person
6. For the purpose of preparing an Acid Sulfate Soil and Groundwater Management Plan, a
qualified person is considered to be either:
a. a Registered Professional Engineer of Queensland (RPEQ); or
b. a soil scientist with a minimum of 5 years experience in the field of acid sulfate soils.
ENVIRONMENTAL HEALTH
Qualified Person
7. For the purposes of these development approval conditions relating to “Environmental
Protection – Compliance with General Environmental Duty with the Operation of the
Service Station”, a “suitably qualified and experienced person” means a person who has
such competence and experienced in relation to that activity as is recognised in the
relevant industry as appropriate for that activity. A suitably qualified and experienced
person includes personnel that have been trained, authorised and accredited by the
manufacturer of a specific item of equipment and/or process. Only a suitably qualified and
experienced person can test, repair and reset the equipment after a fault.
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Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Building Works
8. Noise from building works shall comply with the following –
a. Limited to between 6:30am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Sunday or public holidays.
Measurement of Noise
9. Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
accordance with either: (a) Australian Standard AS1055.1 “Acoustics–Description and
measurement of environmental noise – General procedures”, or (b) The relevant “Noise
Measurement Manual” as provided by the Department of Environment and Heritage
Protection.
10. A qualified person is considered to be either: (a) a Registered Professional Engineer of
Queensland, or (b) an environmental consultant with a minimum of 3 years current
experience in the field of acoustics.
Acoustic Advice & Design
11. It is highly recommended that the developer seek the advice and design input of a qualified
acoustic consultant at the plan development stage to ensure the development does not
cause a noise nuisance under the Environmental Protection Act 1994. Attention should be
given to the following (but not limited to):
a. Building design and construction.
b. Design, selection and installation of fixed plant and equipment.
c. The location of air conditioning and heating units, refrigeration plant, pumps,
mechanical exhausts and plant rooms etc.
d. The use of acoustic enclosures/screens around noisy plant and equipment.
e. Operating times.
Environmental Protection
12. The service station operator should comply with the relevant provisions and regulations
made under the Environmental Protection Act 1994 Act:
a. Must comply with the general environmental duty (section 319).
b. Must notify the administering authority of any environmental harm (section 320-
320G).
c. Not cause serious or material environmental harm (sections 437-439).
d. Not cause an environmental nuisance (section 440).
e. Not deposit prescribed water contaminants in waters and related matters (section
440ZG).
f. Not place a contaminant where environmental harm or nuisance may be caused
(section 443).
13. The development should be undertaken in a manner that causes no unlawful
environmental nuisance under the Environmental Protection Act 1994 by the creation of
excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other
releases to the environment.
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Section 25
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
14. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint,
cement, concrete, builder’s waste or other prescribed contaminants should not to be
released to or be placed where it could reasonably be expected to move into a roadside
gutter, storm water drain or a watercourse. On the spot fines apply for such offences.
15. It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9
explaining exactly how to predict waste quantities and design waste areas is available from
Council and the web.
Environmentally Relevant Activity (ERA)
16. Where any part of the premises is proposed to be used for an industrial purpose defined as
an environmentally relevant activity under the Environmental Protection Act 1994 (e.g.
plastic manufacturer, etc), a separate development approval and registration is required
prior to commencement of that use.
Food Premises
17. The following is required for the proposed food premises:
a. Plans and application is to be made to Council’s Environmental Health Section for
approval prior to any building approval, fitting out or use of the premises.
b. A statement indicating the purpose of the food premises, type of food sold, proposed
menu and maximum number of patrons at any time, is to accompany the application
for plan approval.
c. Construction and use of the food premises must comply with the Toolbox fixed
premises fit out guide and the Food Safety Standards. See www.lgtoolbox.qld.gov.au
d. Plans and approval is required for any mechanical exhaust ventilation system, which
should comply with AS1668. A certificate from the installer certifying the system
complies with the Standard must be obtained and lodged with Council prior to
commencement of trade.
e. Any Licensable Food Business, as defined in Chapter 3 of the Food Act 2006, must
obtain a Food License from Council, prior to use of those premises.
REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use for a Mixed Use development
comprising industrial businesses, a co-located service station and convenience shop operated by
the 7-Eleven Group and a ‘tradies café. Figure 1 shows a perspective view of the development
from Eumundi Noosa Road. The applicant also seeks a Development Permit for Operational
Works for signage on the site.
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Section 26
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
1.1. Material change of use
Figure 1 - Perspective of the proposal
Industrial Business Types 1 & 2, and Retail Business Type 6 are proposed within 4 industrial
tenancies grouped to the east of the site. The applicant seeks flexibility of uses for future leasing
of the industrial tenancies. Currently one tenant is identified as a tyre retailer. The tenancy sizes
are:
Tenancy 1 – 513m²
Tenancy 2 – 527m²
Tenancy 3 – 650m²
Tenancy 4 – 600m² (proposed tyre retailer)
The Retail Business Type 5 – service station and Retail Businesses Type 2 – convenience shop
are to be co-located, being part of the 7- Eleven group. The internal layout of the fuel pay point
and convenience shop is typical of that seen in contemporary service stations. The service
station proposes 4 refuelling stations (8 pumps) and a fuel pay point and convenience shop area
of 223m² being:
Service Station portion – 123m²
Convenience shop portion – 100m²
Adjoining the service station and convenience shop is an Entertainment and Dining Business
Type 1 – Food and Beverages which the applicant refers to as a ‘tradie café, having a floor area
of 137m² and an outdoor dining area of 43m².
The vehicle and delivery access points are left in and left out to the south bound Eumundi Noosa
Road and duel access from Lionel Donovan Drive within the Noosaville auto-park. A total of 67
car spaces including 3 disabled and 8 motorcycle spaces are provided. Four loading zones and
28 bicycle spaces are located throughout the site.
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Section 27
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
The development provides a total of 1152m² of soft landscaping comprising 6.5m to 10.5m of
landscaping to the Walter Hay Drive frontage, 3m along most of the Eumundi Noosa Road
frontage, except for in front of the ‘tradies café where 6m to 11m is proposed. Landscaping 2.6m
wide is indicated for most of the Lionel Donovan Drive frontage except for either side of the
vehicle access, where 7m to 12m is proposed.
Figure 2 below shows the general layout proposed on site.
Figure 2 - General layout plan with the proposed uses identified
The Retail Businesses Type 2 – convenience shop and Entertainment and Dining Business Type
1 – Food and Beverages, ‘tradies café are inconsistent uses in the Industry zone and the
applicant has provided a Traffic Impact Assessment prepared by Pekol Traffic and Transport and
an Economic Needs Report prepared by Urban Analytics Australia (UAA) in support of the
proposal.
The application acknowledges the proposal must demonstrate sufficient grounds to justify the
development’s conflicts with relevant planning instruments. Details and discussion of the
grounds are included in this report.
Page 27 of 171
Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
1.2. Operational Works For Signage
The application seeks approval for Operational Works for Signage for the mixed use
development. The applicant requests the following signs:
Industrial premises
tenant 1 = 1 x non illuminated wall sign, 8.4m²
tenant 2 = 1 x non illuminated wall sign, 8.4m²
tenant 3 = 1 x non illuminated wall sign, 8.4m²
tenant 4 = 2 x non illuminated wall sign, 8.4m² each = 16.8m² total
Service Station and convenience shop
3 x illuminated wall signs (2 x 1m² & 1 x 1.44m²)
Entertainment and Dining use - Tradies Café
2 x non illuminated wall signs, 4.7m² each = 9.4m² total
The site has a total of 3 illuminated freestanding pillar signs, 2 facing the Eumundi Noosa Road
frontage and 1 facing Walter Hay Drive. The height and sign face area of the pillar signs are:
Pillar 1(shared by Industrial tenants) – 6m in height, 9.4m² sign face area
Pillar 2 – 6m in height, 3.6m² sign face area
Pillar 3 – 3.98m in height, 0.9m² sign face area (service station price board on Walter Hay Drive
frontage)
2. SITE DETAILS
2.1. Site Description
The site comprises 2 existing lots, Lot 4 and Lot 30. Lot 4 is a triangular shaped 4,166m² lot with
an existing L-shaped industrial and car sales yard building presenting to the Eumundi Noosa
Road with car parking and a car sales display yard immediately adjoining the frontage. There is
some existing fill to the northern part of the lot to accommodate existing buildings. The lot has a
small unused frontage to Lionel Donovan Drive.
The adjoining Lot 30 has 2 frontages, Lionel Donovan Drive and Walter Hay Drive. The 3,574m²
lot is generally rectangular in shape with a rounded frontage to Walter Hay Drive and an odd
triangular section to Lionel Donovan Drive. The lot has roughly 2.5m of diagonal cross fall from
the Lionel Donovan Drive frontage to the north east corner of the Walter Hay Drive frontage.
Figure 3 shows the site’s location and surrounding uses.
2.2. Surrounding Land Uses
The lots are located within the northern portion of the Noosaville auto-park which is between
Eumundi Noosa Road, Eenie Creek Road and Walter Hay Drive. The Good Shepherd Lutheran
College is diagonally opposite across Walter Hay Drive to the north east and the Venture Drive
industrial precinct is located across Eumundi Noosa Road to the north west.
Page 28 of 171
Section 29
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Figure 3 - Locality map and surrounding uses
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Page 29 of 171
Section 30
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Industry. The Industrial
Business Type 1 – Warehouse, Industrial Business Type 2 – Production, alteration, repackaging
& repairing, Retail Business Type 5 – Vehicle Uses (Service Station) and Retail Business Type 6
– Hardware Store form the majority of the proposal and are identified as consistent uses within
the zone.
The Retail Business Type 2 – Shop & Salon (7-Eleven Convenience Store) and Entertainment &
Dining Business Type 1 – Food & Beverages (Tradies Café) are inconsistent uses within the
zone. The Planning Scheme allows 15% of the gross floor area of a service station to be used for
the retail sale of goods. The proposed 100m² for retail sale of goods is 66m² greater than the
permitted 15% (34m²) and is therefore considered a shop. The application is required to follow an
impact assessable application process.
Noosaville Locality Code Provisions
The proposed industrial businesses, hardware store and service station uses comply with the
relevant provisions of the Noosaville Locality Code.
Inconsistent Uses
In support of the convenience shop and ‘tradies café, the applicant submitted an Economic Need
Assessment providing expenditure analysis and assumptions for the economic need for those
uses. The applicant’s report identifies a primary and secondary trade area, worker take away
expenditure, convenience shopping expenditure and a total quantity of sustainable floor area for
both uses. The report also identifies locational constraints such as pedestrian connectivity to
existing cafés and the Eumundi Noosa Road, as a major constraint for pedestrian movement
when assessing the demand for the ‘tradies café. Overall the report suggests a strong economic
need for both the convenience shop and ‘tradies café’.
The applicant’s original report and it’s response to Council’s information request was reviewed
externally on behalf of Council by Economic Associates. Economic Associates’ review is further
discussed in the sections that follow.
Relevant Overall Outcomes for assessment of the inconsistent uses include:
11.8.2 a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of works;
iii avoid significant adverse impacts on the amenity enjoyed by users of other
premises, including acoustic and visual qualities; and
iv avoid significant adverse effects on the natural environment, including native
habitat removal, fragmentation and attrition;
Page 30 of 171
Section 31
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Relevant Overall Outcomes specifically for the Noosaville Industry zone include:
11.8.2 y) For the Industry Zone—land in this zone—
i. consists of the Noosaville Industrial Estate, being Noosa’s principal industrial
centre;
ii. is protected for industrial functions including Industrial business Type 2 to the
exclusion of incompatible uses including Residential Uses, Community Uses,
Commercial business and most sport and recreation uses and Retail business
uses;
iii. has high accessibility to arterial roads and the Bruce Highway;
iv. does not accommodate uses that would harm the environment through
excessive noise, odour, dust, or other waste;
v. is developed in a fashion that does not detract from the character of its locality
or impact on the major road network;
vi. provides important industries and service-related businesses to the whole of
Noosa, but particularly the coastal area and the north-east area of the former
Maroochy Shire
The Overall Outcomes do not anticipate or provide any real support for a co-located service
station/retail convenience shop in the Industry zone. The applicant must therefore demonstrate a
need for the inconsistent uses within the subject zone. Need for a development is commonly
recognised as relating to community wellbeing. A development may be said to be needed if, on
balance, it improves community wellbeing. Wellbeing may be improved by access to new
services or facilities or a range of other ways. In addition, the new uses must be compatible with
surrounding uses in terms of amenity, the environment and economics.
Convenience shop
The applicants’ Economic Assessment assesses the likely economic impact of the convenience
shop on the surrounding centres, including Noosa Civic and Noosa Village Shopping Centre. It
indicates that these larger centres have minor convenience shopping functions but concludes the
proposal will have a negligible impact on those centres.
Economic Associates, generally agrees and notes that a portion (roughly 25%) of convenience
shopping expenditure would also escape the identified trade area and the proposal has the
opportunity to capture this lost expenditure, being located on a major road. Economic Associates
disagreed with some assumptions and some conclusions of the applicant’s report. However,
Economic Associates’ own analysis using data provided in the applicant’s report and industry
standard assumptions concluded there is an economic need for a convenience shop in the
identified trade area with a negligible impact on surrounding centres.
Benefit to the community
Economic Associates indicate that major centres are not replacements for the traditional ‘corner
store’ type convenience shops. The well-known reduction of ‘corner stores’ in many instances
have been replaced by co-located convenience shops/service stations, which is now a well-
established development model.
In terms of real convenience shopping for local residents and workers in the industrial estate, the
nearest convenience shop to the subject site was at Bushlands Shopping Centre which closed
some years ago and has not been replaced. The IGA at Noosa Outlook Shopping Centre would
provide an element of convenience shopping but is outside the trade area and would primarily
serve the local Noosa Outlook residents. The nearest ‘traditional’ convenience shops are on
Gympie Terrace and Weyba Road with two 7-Eleven shops located at Noosa Junction and
Noosa Drive. These existing convenience shops are not convenient for users of the major road
network (i.e. workers commuting to and from the Shire), industrial precinct workers and residents
of some of Noosa’s fringe areas.
Page 31 of 171
Section 32
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Economic Associates advise that convenience shops are now commonly seen as an essential
ancillary use to a service station. If the co-location of a 24 hour service station and convenience
shop is to be accepted, a major arterial road traversing an industrial estate, such as proposed, is
considered most appropriate and is considered to benefit the community and will, to some
degree, replace the traditional ‘corner store’ missing from the surrounds of the subject site.
Loss of Industrial land to convenience shop
The convenience shop (100m²) represents approximately 1.3% of the site area and a negligible
portion of the available Noosaville industrial land. Given the very minor loss of industrial land
(including cumulatively), it is unlikely to have a negative impact on the availability of industrial
land in Noosaville.
Operating hours
The applicant indicates the 7-Eleven service station and the convenience shop would operate 24
hours. The Planning Scheme does not prescribe operating hours for the Industry zone. Given the
site is within the Industry zone and the nearest residential use is roughly 350m – 400m from the
subject site; the 24 hour operation raises no concern.
Entertainment and Dining Business Type 1 –Food and Beverages
The applicant consistently refers to this use being a ‘tradies café proposed to service the workers
of the Noosaville industrial area. Both the applicant’s report and Council’s peer review by
Economic Associates agree it is unlikely the take away food outlets in Noosa Village and Noosa
Civic are competition for the proposed ‘tradies café. The existing lawful take-away food outlets in
the Noosaville industrial area are identified in the Table 1:
Table 1 - Industrial area food outlets
Café/food outlet Location Distance from proposed
‘tradies café’ (approx.)
Hardwork Cafe Corner of Venture Drive and Project 250m (across Eumundi
Avenue Noosa Road)
Noosaville Snack Bar 140-142 Eumundi Noosa Road 45m (across Eumundi Noosa
Road and opposite the
subject site)
Rene Street Snack Bar The top end of Rene Street 600m
The café’s identified in Table 1 above are the most likely to be affected by an additional café in
the area.
The applicant justified the need for the ‘tradies café in their report by analysing worker
expenditure on lunches. By estimating worker expenditure for a defined area a sustainable
quantity of floor area can be determined using a retail density turnover formula.
Economic Associates disagrees with the worker expenditure pool indicated by the applicant’s
report and the sustainable quantity of floor area for Noosaville it suggests. In Economic
Associates’ opinion the expenditure pool would be roughly half that the applicant’s report
estimates, given the level of worker expenditure available. However, Economics Associates
suggests there is a demonstrated need, but not for the scale of the proposed ‘tradies café. It
indicates a supportable floor area, given the available workers expenditure, would be for a
‘tradies café with a GFA of 90m² or less and an outdoor dining area to a maximum of 35m². This
would also be commensurate with existing take away food outlets in the industrial area and the
requirements for a ‘tradies café.
Page 32 of 171
Section 33
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
The applicants report also segmented the Noosaville industrial area into 3 catchments, shown in
Figure 4 below, using Eumundi Noosa and Eenie Creek Road and suggests the existing take
away food outlets are not conveniently located for workers in the auto-park area because of road
constraints and distances.
Figure 4 – Segments suggested by applicant - aerial view
The supportable quantity of floor area suggested by Economic Associates can be dispersed
throughout a given area. Economic Associates agree good planning principles support the notion
that Eumundi Noosa Road and distance reduce worker accessibility, and the existing take away
food outlets are not particularly well located for workers in the immediate Lionel Donovan Drive
catchment.
In summary, lack of pedestrian accessibility in the Noosaville industrial area suggests the
proposed ‘tradies café is well located to benefit workers within the auto-park and to an extent the
workers in surrounding industrial area. The level of worker expenditure suggests the proposed
‘tradies café at a reduced scale than proposed, will be sustainable without negatively impacting
on the existing take away food outlets. The use is therefore supported subject to a recommended
condition limiting its size to 90m² GFA and 35m² of outdoor dining area.
Page 33 of 171
Section 34
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Operating Hours - ‘tradies café
The applicant requests trading hours from 5am to 10pm. However, a need has only been
demonstrated for a ‘tradies café that will service the workers of the industrial precinct. The
requested hours are not warranted given the demand for food and beverages would be busiest
early morning, around mid-morning and at lunch time to early afternoon. The operating hours
should be restricted to the general operating hours within the industrial estate to ensure a true
‘tradies café is retained. A condition is recommended that operating hours are between 5am and
6pm, Monday to Sunday.
Whole development
Setbacks
The proposal meets the setbacks required by the Planning Scheme except to the Walter Hay
Drive frontage. The Planning Scheme requires a 10m setback to this frontage with car parking
being acceptable in the setback when 2m of landscaping is provided. The proposal indicates a
fully landscaped building setback to this curved frontage of between 6.5m and 10.5m. The
proposed setback raises no concern as it is sufficient to provide good landscaping to screen the
bulk of this elevation and will continue the vegetated character of this part of Walter Hay Drive.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business uses Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Landscaping
The Landscaping Code requires a total 15% of the site be landscape area. The applicant has
provided the 15% or 1,152m². The proposed landscaping setbacks exceed that required by the
Code with 3m of garden along most of the frontage to Eumundi Noosa Road and a minimum of
2.5m to Lionel Donovan Drive. Landscaping in front of the ‘tradies café is substantial being
approximately 6m to 7m.
Traffic
The applicant provided a Traffic Impact Assessment by PTT which assessed the relevant
roundabouts, site access design, sight distances, refuelling deliveries, turning paths and queuing
of the development. The applicant’s traffic report and subsequent response to further information
were peered reviewed for Council by Beard Traffic Engineering, who advises the development
meets relevant Australian Standards and the Planning Scheme requirements.
Car parking
Given the mix of uses onsite, the car parking calculation was determined by those uses that
generate the highest car parking rate. In this regard the Planning Scheme requires 67 spaces.
The applicant complies with the required car parking, by providing:
65 spaces including 3 disabled spaces and
8 motorcycle spaces (4 spaces = 1 car space) as permitted by the Planning Scheme Policy
26 – Motorcycle and Motor Scooter Parking
Page 34 of 171
Section 35
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
4. CONSULTATION
4.1. Other Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
Environmental Health Officer
Environment Officers
Principal Strategic Planner
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 14 properly made submissions were received being 1 objection and 13
supporting the development. The following table provides a summary and assessment of the
issues raised by objecting submitter.
Issues Comments
Not sufficient car parking for the proposed tyre The development complies with the overall number of
and mechanical store. car spaces required under The Noosa Plan.
Specifically, the tyre and mechanical use requires 13
spaces under the Planning Scheme. The proposal
indicates 12 spaces including a disabled space directly
adjacent to its tenancy.
The site will be a traffic nightmare. The car parking, traffic generation and access
arrangements for the development has been peered
reviewed for Council and considered to meet all
requirements of the relevant Australian Standards and
The Noosa Plan and will not cause traffic problems.
There is an oversupply of tyre shops in The Noosa Plan does not limit the number of tyre and
Noosaville. mechanical stores in Noosaville. It is for the market to
determine.
Concern with the large volume of fuel being Good Shepherd Lutheran College is located diagonally
stored in close proximity to a school. opposite the site. Extensive Environmental Health
conditions are recommended to ensure the safety of
surrounding uses and the service station incorporates
best practice facilities.
Spoilt for choices for take away food and fear The applicant submitted an economic need assessment
for the financial viability of current local which has been peer reviewed and concluded the
retailers. Noosaville area could support a ‘tradies café, based on
the industrial area workers expenditure pool and the
location of existing food outlets.
Page 35 of 171
Section 36
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
4.3. Operational Works for signage
The Advertising Devices Code allows the following:
a total sign face area of 10m² per premises
no sign exceeding a single sign face area of 4m² per premises
1 pillar sign per frontage
1 illuminated sign per frontage.
The proposal plans indicate 5 signs with a sign face area of 8.4m² each for the industrial
tenancies, 2 pillar signs (both exceeding the 5m height permitted) and 4 illuminated signs fronting
the Eumundi Noosa Road which do not comply with the Probable Solutions of the Advertising
Devices Code and require to be assessed against Specific Outcome O6 of the Code which is set
out below:
O6 - Advertising devices respect the scale and nature of surrounding development and
contribute positively to the visual amenity, streetscape, landscape setting and natural and
built environment of where the advertising device is placed.
A number of the proposed development signs comply with the Code and raise no concern but the
extent of illumination; number of pillar signs and individual sign face area of some are of concern.
Two pillar signs and 2 small 1m² awning face signs are illuminated. The 2 small signs are on the
refuelling canopy and will be prominent. The Noosaville auto park is well lit but that is not the
predominate character of the surrounding industrial estate. The service station’s forecourt will be
well lit with essential lighting and the additional illuminated signage is not considered necessary.
The quantity of signage illuminated will adversely affect night time visual amenity and is not
supported. A condition is recommended to limit illuminated signage to 1 illuminated sign per
frontage.
The proposal plans indicate 2 x 6m high pillar signs to the Eumundi Noosa Road frontage. The
Advertising devices Code prescribes a 5m height limit and 1 pillar sign per frontage. It is
acknowledged that not all pillar signs in the auto park comply with the 5m height requirement, but
generally, pillar signs elsewhere in the industrial estate do not exceed 5m in height. The number
of pillar signs is generally 1 per frontage in the surrounding area. The development is located
prominently and the additional pillar sign and height is not considered warranted. A condition is
recommended to reduce the height of the sign and to permit only 1 pillar sign on each frontage.
Some proposed wall signs are greater than 2 times the permitted size, which will adversely
impact on the streetscape and visual amenity of Eumundi Noosa Road as the signs are
inconsistent with the predominate character of signage in the area. The signs would be clearly
seen from the Eumundi Noosa Road at 4m² and do not warrant any increase in area. A condition
is recommended to reduce the size of the wall signs.
5. CONCLUSION
The majority of the development’s uses are consistent in the Industry zone and its built form,
layout, car parking and landscaping all comply with The Noosa Plan. The applicant has
demonstrated a need for the convenience shop and the ‘tradies café. The convenience shop will
fill a demonstrated gap in convenience shopping in the locality and attract some of the current
escaped expenditure from the area. The ‘tradies café, at a smaller scale, will not negatively
impact on surrounding businesses, will improve worker amenity by providing easier pedestrian
accessibility and add to the lunch time offerings in the area.
Page 36 of 171
Section 37
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
The following grounds are considered sufficient to overcome the conflict with the Planning
Scheme for the inconsistent uses:
1. The convenience shop will fulfil a demonstrated need for convenience shopping within the
area.
2. The convenience shop is well located on Noosa’s major road network to capture some
escape expenditure by servicing the convenience needs of the travelling public
3. There is a demonstrated need for a small ‘tradies café to service the industrial estate
workers of the industrial estate, without negatively impacting on surrounding uses.
4. The ‘tradies café is suitably located to improve pedestrian accessibility to food offerings in
the Noosaville industrial area.
The extent of illuminated signage, number and height of the pillar signs to the Eumundi Noosa
Road and the size of some of the wall signs do not comply with the Advertising Devices Code.
When conditions are included to reduce these aspects of the signage proposal, the proposal
complies with the relevant provisions of the Advertising Devices Code and is recommended for
approval.
Departments/Sections Consulted:
X Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 37 of 171
Section 38
ATTACHMENT 1
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Page 38 of 171
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NAWHOVLLV iad ilSection 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR INDUSTRIAL
BUSINESS TYPE 2 PRODUCTION, ALTERATION, REPACKAGING AND REPAIRING
SITUATED AT 178 EUMUNDI NOOSA RD, NOOSAVILLE - MCU14/0083
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM/ Application/ MCU14/0083
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Mogpropmanagement Pty Ltd c/- RPS Group
Proposal Development Permit for Material Change of Use for Industrial Business
Type 2 - Production, alteration, repackaging and repairing
Properly Made Date 29 October 2014
Information Request Date 11 November 2014
Information Response Date 22 April 2015
Decision Due Date 04 June 2015
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 178 Eumundi Noosa Road, Noosaville
RP Description Lot 101 SP 241371
Land Area 2.793ha
Existing Use of Land Vacant/Bunning’s Warehouse
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industrial
Overlays Biodiversity Overlay – Environmental Protection
Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type Code Assessable
Page 42 of 171
Section 43
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 26 May 2015 regarding Application No. MCU14/0083 for a
Development Permit for Material Change of Use – Type 2 Production, alteration, repackaging
and repairing, situated at 178 Eumundi Noosa Road, Noosaville and approve the application in
accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. 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
2. 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.
Plan No. Rev. Plan/Document Name Date
TP-02 E Proposed Site Plan, prepared by Michael Carr 12/05/15
Architect
TP-04 E Elevations and Sections, prepared by Michael 12/05/15
Carr Architect
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Building Height
4. The maximum height of the development must not exceed 10 metres above the finished
ground level and the natural ground level.
5. Certification must be submitted to Council from a Licensed Surveyor which certifies that the
building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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. 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.
Landscaping
7. The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and PSP 3 Landscaping Plants and Guidelines and
must include in particular:
a. a 4m wide densely planted garden extending into the road reserve. The garden must
be located parallel to and for the full length of the western elevation of the building
b. vegetated screening between all boundaries and the car parking designed such that
car parking will be suitably screened at maturity
c. one (1) suitable street tree must be planted every 8 metres of frontage to western
Gateway Drive.
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Section 44
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
8. Existing trees within the adjoining Park land must be retained. In this regard, no clearing,
cutting down, poisoning, lopping or pruning of trees, no soil/spoil dumping and/or
compacting is permitted within the Park.
9. The Park must be protected from construction activities by:
a. clearly delineating the vegetation with protective fencing
b. no vehicle parking
c. using low impact construction techniques around vegetation near the boundary to the
Park.
Protective measures must be installed for inspection by Councils delegate at the time of the
pre-start meeting.
Water & Sewer Connections
10. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
11. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
Site Access and Driveways
12. A sealed access driveway must be provided from Gateway Drive and Old Gateway Drive to
all parking and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular driveway
crossovers in accordance with IPWEAQ standard drawing SEQ R-051.
13. The eastern access driveway from Gateway Drive must be constructed as an “Entry Only”
access and sign posted accordingly.
14. The internal driveway extending from the Gateway Drive property boundary to the first
carspace must be linemarked and signposted as a “No Stopping” and “No Parking” area.
The linemarking and sign posting must be in accordance with the Department of Transport
and Main Roads – Manual of Uniform Traffic Control Device (MUTCD) and be clearly
indicated on any plans submitted for Operational Works approval.
15. The western access driveway from Old Gateway Drive must be constructed as an “Entry”
and Exit” access and linemarked/sign posted accordingly. The works must include any
necessary modifications to the existing linemarking in Old Gateway Drive.
Car Parking
16. A minimum of 14 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:
a. 6 staff parking spaces within the total, which are clearly marked for that purpose and
may be in tandem
b. provision of vandal resistant public lighting with intensities to satisfy the requirements
of Australian Standard AS1158: Public Lighting Code
c. crossfalls and gradients in accordance with Australian Standard AS2890: Parking
Facilities
17. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Page 44 of 171
Section 45
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Service Vehicles
18. 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 and
must include in particular a HRV space (12m x 3.6m)
Pedestrian and Bicycle Facilities
19. Pedestrian 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 concrete footpath extending from the existing footpath in the eastern Gateway Drive
to the proposed pedestrian entry to the site.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being
non-trunk infrastructure.
20. Bicycle parking and end of trip facilities must be provided onsite. In this regard 6 bicycle
parking spaces must be provided and:
a. 1 locker per 2 bicycle spaces and
b. 1 shower cubicle with ancillary change room per 10 bicycle spaces or part thereof.
The plans must be amended to meet this condition and submitted prior to the issue of an
operational works approval.
Stormwater Drainage
21. 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:
a. stormwater drainage collected and discharged so there is no net increase in
stormwater runoff from the site
b. stormwater runoff discharged into the on-site connection point constructed in the
northern corner of the site as part of the works approved in the Development Permit
for Operational Works, Council reference OPW15/0043
c. the use of gravity stormwater drainage and not surcharge pits.
Stormwater Quality Management
22. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must include in
particular:
a. Stormwater 360 Stormfilter system which:
i. is designed in accordance with the Stormwater Management StormFilter and
Enviropod Filter (SFEP) Technical Design Guide
ii. incorporates a high flow bypass if peak flows into the system exceed 50L/s
iii. is provided with energy dissipation to prevent re-suspension of accumulated
sediment
iv. is designed such that the siphon activates following a 5mm rainfall event over
the catchment area of the device
23. All Stormwater 360 proprietary stormwater quality treatment devices must be routinely
checked, serviced and cleaned in accordance with the manufacturer’s recommendations.
Records of all maintenance activities undertaken must be kept and made available to
Council upon request. Where replacement cartridges or other necessary components for
the system become unavailable, an alternative system is required to be retrofitted into the
development to achieve an equivalent pollutant reduction outcome.
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Section 46
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Electricity and Telecommunication Services
24. 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.
25. 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.
Earthworks and Retaining Walls
26. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, and contained entirely within the subject site unless written permission from the
respective landowner(s) is provided to Council.
27. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
Damage to Services and Assets
28. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
Advertising Devices
29. The development signage must comply with the Advertising Devices Code.
Environmental Health
30. The developer must provide waste storage and disposal facilities, including an external
imperviously paved 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 is to 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.
31. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No.
9 Waste Management and Planning Scheme Policy 11, Waste Management Plans* must
be submitted for the day-to-day operation of the development and approved by Council’s
Waste and Environmental Health Section, prior to issue of development permit for
operational works. (*refer to Advisory Notes)
The Plan must include the following information: -
a. the types of wastes that will be generated from the activities approved within the
development
b. estimated volumes or tonnage of both recyclables and waste generated
c. methods to be used for dealing with garden waste
d. initiatives to minimize waste either by waste prevention, reduction, re-use or recycling
e. description of procedures for getting all waste to the bins; the storage of bins and the
collection of bins by the contractor
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
f. a description of the design details of waste storage and recycling areas including
size, location, elevation and floor plan, methods of bin washing and system to prevent
storm water getting into sewer via the bin wash
g. a description of types and volume of waste storage containers to be used
h. the waste and recycling storage area shall include the provision of containers for all
waste and recycling materials including putrescible matter, non-recycling waste,
paper/ cardboard, glass, aluminium/steel cans, waste oil, Styrofoam boxes, etc, and
bin washing facilities connected to sewer
i. a detailed description of vehicular access to collect waste. Where collection is off
street, access must allow vehicles to enter and leave the site in a forward direction.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
PLANNING
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in
addition to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
2. Prior to the commencement of the use, please contact Planning Assessment to arrange a
Development Compliance Inspection.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
3. From 1 January 2000, the Building and Construction Industry (Portable Long Service
Leave) Levy must be paid prior to the issue of a development permit where one is required
for the 'Building and Construction Industry'. This applies to Building Works, Operational
Works and Plumbing and Drainage Works applications, as defined under the Sustainable
Planning Act 2009, where the works are $150,000 or more and matching the definition of
'Building and Construction Industry' under the Building and Construction Industry (Portable
Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without
receipt of details that the Levy has been paid. Should you require clarification in regard to
the amendments to the Building and Construction Industry (Portable Long Service Leave)
Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
4. To assist Council to undertake an integrated assessment of the operational works
application, all aspects of the works must be included in one (1) application and be in
accordance with Council’s planning scheme. Additional application fees apply to
applications where the different aspects of the works are lodged separately. Significant
savings in application fees will result if all works are lodged in a single application.
Page 47 of 171
Section 48
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Preparation of a Preliminary Construction Management Plan
5. The works identified in this Decision Notice will be required to be carried out in accordance
with a Construction Management Plan endorsed by Council through an approval for
Operational Works. To ensure expedient assessment of any Operational Works
application, the applicant is advised to submit a preliminary Construction Management Plan
that addresses the requirements of the planning scheme. In particular, the preliminary
Construction Management Plan should address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues
e. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
f. details on the location of external fill sites/sources, the haulage route, type of vehicle
to be utilised during filling operations and frequency of usage. NB any damage to the
existing road system as a result of haulage operations shall be fully repaired at the
applicant’s expense
g. it is acknowledged that the Construction Management Plan will be a draft document
requiring finalisation upon appointment of the Principal Contractor employed to
construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Building Works
6. Noise from building works shall comply with the following –
a. Limited to between 6:30am to 6:30pm Monday to Saturday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Sunday or public holidays.
Page 48 of 171
Section 49
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
REPORT
1. PROPOSAL
The applicant seeks a Development Permit for Material Change of Use for an Industrial Business
Type 2. The proposal consists of a 556m² tilt panel and glass industrial building to be purpose
built for a national tyre retailer.
The rectangular shaped building is proposed to be sited to the southern boundary adjoining the
park and various setbacks ranging from zero to 20m to the Gateway Drives boundaries. The
development provides 14 car spaces and to use both the old and new Gateway Drive for vehicle
exit and entry points. Figure 1 below shows the proposed layout of the development and the
proposal plans are included as Attachment 1. The application is before Council due to the
prominent location.
Figure 1 - Site Layout
2. SITE DETAILS
2.1. Background
Council issued a Preliminary Approval for Material Change of Use of Premises for a Bunnings
Warehouse over the original lot in July 2008.
A Preliminary Approval was granted as concerns were raised over the road alignment, gradients
and the impact the development would have on traffic movements in Gateway Drive.
Page 49 of 171
Section 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
The applicant subsequently lodged two appeals, one appeal being against the roadwork
conditions and the second to the infrastructure charges notice for the roadwork’s contribution.
Council originally required the portion of the lot subject of this application (the island lot) to be
dedicated as parkland. However, through mediation and the appeal process it was negotiated
that an Industrial lot be created (the island lot) and a 10 metre wide strip adjacent to the Eumundi
Noosa Road be maintained and dedicated as parkland. The 10m wide park lot has been created
adjacent to the Eumundi Noosa Road, a continuation of the parkland strip in front of Officeworks
site.
The subdivision creating the ‘island’ lot was approved under approval REC12/0014 but the
registered plans are yet to be sealed. Therefore the subject site, being the island lot, still forms
part of the Bunnings Warehouse lot at the time of this report.
2.2. Site Description
The triangular shaped lot slightly slopes from south to north and has been filled near the northern
boundary. Some regrowth vegetation exists onsite. Figure 2 below shows the subject site
outlined in purple.
Showrooms
Bunnings
& Office
works
Council
depot
Figure 2 - Locality map - subject site in purple
Page 50 of 171
Section 51
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
2.3. Surrounding Land Uses
To the west are showrooms including Office Works, to the east is Bunnings Warehouse,
adjoining to the south a vegetated park lot and across Eumundi Noosa Road is the Rene Street
Industrial precinct and Council’s works depot. Figure 2 above shows the subject site in relation to
Bunnings, the depot and the Officeworks site.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed use is
identified as consistent use within the zone and is required to follow a code assessable
application process.
Locality Provisions
The proposed tyre retailing business is a use ordinarily expected in the Noosaville industrial
precinct and is compatible with other industrial uses in the area. A small waiting and tyre
showroom area is proposed to the eastern end of the building which is considered ancillary to the
industrial use onsite. The development is of an industrial nature consistent with the established
character of the area.
Setbacks
For the Industry Zone, The Noosa Plan requires a 6m setback to the primary road frontage, 4.5m
to the secondary frontage and zero setback to other Industry zoned lots.
Page 51 of 171
Section 52
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
The subject site is an odd triangular to U - shaped island lot bounded on 3 sides by road reserve
and a park to the southern boundary. The proposal involves the following setbacks:
approximately 20m to the northern boundary
zero to 4.3m to the western side boundary
3.4m to 4.5m to the eastern boundary.
zero to the southern boundary (park boundary)
Western and park boundaries
As part of appeal process it was agreed that buildings on the subject lot may have a zero setback
to the western and park boundaries. This was accepted as it was determined at the time these
setbacks would not create any amenity concerns. The zero to 4.3m setback to the western
boundary also allows a sufficient area for landscaping. Furthermore, the 15m wide road verge
provides extensive separation from the old Gateway Drive and the Office Works complex located
opposite the site. A condition is recommended requiring a minimum 4m wide garden bed to
soften the built form. In regard to the southern boundary, the park is well vegetated and south
western verge area also provides good separation from Eumundi Noosa Road.
Eastern boundary
Approximately half the eastern elevation is setback 4.5m with the other half gradually reducing to
3.4m. This elevation extensively uses glass for the waiting and showroom purposes resulting in a
less industrial elevation presenting to the street and the stepped roof form reduces building bulk
within the setback. It is considered that a 3.4m to 4.5m setback is sufficient to provide
landscaping within the site and reduce the prominence of the building.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
The application has been assessed against each of the above applicable codes. The pertinent
issues arising out of the assessment against the codes are discussed below:
Car Parking
The following table set out the car parking requirements for the site:
Minimum Car parking required by Planning Number of spaces Proposal Complies
Scheme required by Planning
Scheme
1 space per 30m² up to 150m² and 13 spaces 14 including 1 disabled
space and 6 in tandem
1 space per 50m² up to 500m² and
staff spaces.
1 space per 100m² in excess of 500m²
Site Access & parking
The proposal includes an entry driveway in the eastern (Gateway Drive) frontage and an exit
driveway in the western (Old Gateway Drive) frontage.
Page 52 of 171
Section 53
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Access eastern (Gateway Drive) frontage
Concerns are raised that vehicles leaving the Eumundi Noosa Road/new Gateway Drive
roundabout have only limited vision of a vehicle entering the site and stopping next to the
‘showroom’, as this could result in vehicles queuing onto Gateway Drive. There is sufficient area
between the boundary and the building to provide stopping space for only 1 vehicle clear of
Gateway Drive. In order to ensure that vehicles do not stop in the entrance and a “free flow” into
the site, it is recommended that linemarking and signage be provided to prohibit stopping/parking
between the entry to the site and the first parking space.
Access western (Old Gateway Drive) frontage
It is considered this driveway is suitably positioned to provide both an entry and exit driveway. It
is also a more appealing entry to the site to those vehicles approaching from the west. Minor
modifications to the existing centre line marking would be required.
The carparking layout is considered acceptable as the only constrained spaces are allocated as
“staff” and the “through” access driveway negates the need for heavy vehicles to manoeuvre on
site and exit in a forward gear.
External Works
The site’s frontage to Old Gateway Drive currently has kerb and channel and a footpath. The
site’s frontage to Gateway Drive has kerb and channel but no footpath. It is unreasonable to
construct a footpath for the full length of this frontage due to the narrow verge area and the
existing footpath on the eastern side of Gateway Drive. It is considered reasonable to require the
applicant to construct a footpath from the existing footpath in Gateway Drive to the entrance to
the site adjacent to the “showroom”.
Landscaping Code
The Code requires 2m of landscaping to be provided between car parking and site’s frontage.
The proposal does not meet this provision where the corners of 3 spaces are proposed near the
boundary. The zig zag car parking layout, due to the odd lot shape, still allows for sufficient
landscaping to screen the car parking area and is considered to meet the intent of the Code.
4. CONSULTATION
4.1. Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
Water Quality Officer
5. CONCLUSION
The development seeks boundary relaxations due to the awkward shape of the lot and the
extensive road frontages. It is considered the site can be landscaped to suitably soften the built
form and the relaxations are supported. The proposed development otherwise generally complies
with the provisions of The Noosa Plan and is recommended for approval subject to conditions.
Page 53 of 171
Section 54
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 54 of 171
Section 55
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA ATTACHMENT 1
26 MAY 2015
Page 55 of 171
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
3 APPLICATION FOR BUILDING WORKS WITHIN 4.5 METRE SETBACK SITUATED AT
14 THE PENINSULA, NOOSAVILLE - PBA15/0003
DOCUMENT INFORM AT ION
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / PBA15/0003
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Carole Tretheway Design
Proposal Retaining wall and seat within the 4.5m canal setback
Properly Made Date 1 April 2015
Decision Due Date 4 June 2015
PROPERTY DETAILS
Property Address 14 The Peninsula, Noosaville
RP Description Lot 447 RP 856190
Land Area 789m²
Existing Use of Land Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Detached Housing
Overlays Natural Hazards Overlay – High Potential Acid Sulfate Soils
Natural Hazards Overlay – Flood Hazard Area
Assessment Type Code Assessable
Page 57 of 171
Section 58
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 26 May 2015 regarding Application No. PBA15/0003 for a
Development Permit for Building Works Assessable against a Planning Scheme situated at 14
The Peninsula, Noosaville and approve the application in accordance with the following
conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with at all
times while the use continues.
Approved Plans
2. 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.
Plan No. Rev. Plan/Document Name Date
WD.203 P8 Landscape Plan, prepared by Carole Tretheway Designs as 27.04.2015
annotated by Council
WD.601 P8 Sections, prepared by Carole Tretheway Designs 27.04.2015
WD.601 P8 Sections, prepared by Carole Tretheway Designs 27.04.2015
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be
submitted to Council, to secure performance of all conditions of this approval, within 14
days after this Development Approval takes effect. 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.
Setback to the Canal
4. The land area within 4.5 metres from the centre of the revetment wall must be maintained
in accordance with the following requirements:
a. a minimum of 25% of the area must be planted with shrubs
b. a maximum of 25% of the area must be under hard pavement and the balance must
be turf or ground covers
c. any new trees planted must not have a mature height that exceeds 3 metres
d. all land within 1 metre from centre of the revetment wall must not be planted with
shrubs, and instead must be provided with either turf, ground cover.
e. any side boundary fencing within 4.5 metres of the revetment wall must taper down to
a maximum height of 1.2 metres at the revetment wall, and must have a height not
exceeding 1.5 metres at a distance of 2.25 metres from the revetment wall.
5. The area between the retaining wall and house must remain as soft landscaping except for
where the main stairs are located.
Advice
6. The maintenance and integrity of the revetment wall is the responsibility of the property
owner.
Page 58 of 171
Section 59
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
REPORT
1. PROPOSAL
The application seeks approval for as constructed building works within the 4.5m setback to the
Noosa Waters canal. Part of the building works have existed within the setback for around 12
years. New works under construction attracted a complaint and triggered this application. The
new works are 90% finished with concrete block fill and seat installation still to be undertaken.
The works that existed previously include:
a set of timber stairs 2.8m wide setback 2.21m from the centre of the revetment wall.
a 0.8m high block retaining wall running parallel with the revetment wall extending for
approximately 80% the width of the property then returning back to the house deck. The
wall is setback 2.71m from the centre of the revetment wall.
a small set of stairs 1m wide sited to the northern end of the house deck (has been
removed)
From aerial photography it is clear these works have existed at least since 2003 and may have
been built at the time the dwelling was constructed in 2001. The existing works are shown in
Photo 1 below. No approval was given for these existing works.
Photo 2 - Photo showing the existing works
The new works consist of:
extending the existing white wall 3.6m to meet the northern side boundary
a new section of wall in front of part of the existing wall to expand the higher level garden
and provide for a timber seat. The new 3.95m long wall is setback 2.21m from the centre
line of the revetment wall and is located in line with the existing stairs.
Photo 2 below shows the new works. The block wall to the left in the photo is in front of the
existing wall. The new section of wall and the wing wall on the right provides an area for a built-in
seat.
Page 59 of 171
Section 60
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Photo 3 - Photo showing the extent of new works
Figure 1 below is colour coded to show the extent of all works and provides clarity between new
and existing works.
Figure 1 - New works are identified in peach colour and existing works in yellow except the stairs which are
identified in brown.
Page 60 of 171
Section 61
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
2. SITE DETAILS
2.1. Background
A Development Permit for Building Work for a detached house was approved in 2001.
A recent complaint regarding works under construction within the 4.5m setback area triggered
enforcement action and the owner was instructed to lodge a Development Application or remove
the works.
2.2. Site Description
A slab on ground house is currently built on site. The surrounding ground level is predominately
flat with a batter from the building platform falling to the revetment wall, as typically seen in
Noosa Waters on lots that adjoin the canal system.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
The statutory planning instruments relevant to this application are discussed in the sections that
follow.
3.2. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality (Noosa Waters) and is zoned Detached
Housing.
Land Use
The works within the setback area are required to be assessed against the Special Provisions for
Noosa Waters in the Building Works Code.
All works meet the self-assessable provisions of the Building Works Code except for Probable
Solution S25.1. Table 1 below provides an assessment against the self-assessable provisions.
Page 61 of 171
Section 62
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Table 1 - Self - Assessable Provisions
Probable Solution (Self-Assessable provisions) Comments
S25.1 No building works, filling or excavation X The works constructed represent building works,
works are within 4.5m of the centre line of the top fill and excavation. Therefore assessment against
of the concrete revetment wall; the Specific Outcomes is required and addressed
in the report below.
S25.2 A minimum of 25% of the area within 4.5m The proposal complies having 38% of the
of the revetment wall is planted with shrubs and setback area planted with shrubs. A total of 83% is
trees with a mature height of 3m or less; soft landscaping.
S25.3 A maximum of 25% of the area within 4.5m New and existing works are equal to 17% being
of the revetment wall is under hard pavement, under hard pavement or decking.
decking or similar, and the balance is to be grass,
ground covers or scrubs provided no shrubs are
planted within the first 1m of the revetment wall;
S25.4 No tree species with a mature height of over Three (3) existing mature palm trees with a
3m are planted within 4.5m of the revetment wall; height greater than 3m are located approximately
4m from the revetment wall. These trees are lawful
as they existed prior to The Noosa Plan. The
Superseded Planning Scheme did not limit the
height of trees within the setback area.
S25.5 The ground surface within the first metre The proposal complies.
from the revetment wall is turf, groundcover or
hard pavement.
S25.6 Side boundary fences within 4.5m of the The side boundary fences exist and comply with
revetment wall taper down to a maximum height of this provision.
1.2m at the revetment wall and no more than 1.5m
at a distance of 2.25m from the revetment wall.
Given the works do not meet the Probable Solution; they must be assessed against Specific
Outcome 25 of the Building Works Code.
Specific Outcome O25 - The flood detention and amenity functions of areas adjacent to the
revetment walls within Noosa Waters Estate are retained and enhanced by ensuring—
a) works do not protrude through a batter line of 1:4.5 measured from the centre line of the
revetment wall;
b) there is no additional load placed on the revetment wall;
c) works do not pose a risk to the membrane adjoining the revetment wall;
The new retaining wall near the stairs protrudes through the 1:4.5 batter line by 0.38m, the
existing wall and extension to this wall protrudes by 0.2m and the tip of the first 2 stair treads
slightly protrude. This results in a reduction in flood storage volume but this displacement is offset
by the existing grassed area between the works and the revetment wall, being below the 1:4.5m
batter line.
The applicant has provided certification from a Registered Professional Engineer of Queensland
(RPEQ) that certifies the flood storage function of the setback is not reduced and there are no
additional pressures on the revetment wall.
Page 62 of 171
Section 63
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
The works are not considered to negatively impact on the amenity function of the canal setback
as they will be extensively landscaped with 83% of the setback area either grass or garden. The
only hardstand area is the existing stairs that provide access from the dwelling to the jetty. The
wall creates a 2 tiered landscaped setting consisting of a garden on the upper level near the
house and a grass area on the lower level near the revetment wall, as shown in Photo 3.
Photo 3 - View from the south showing the 2 tiers.
The works are low level (0.8m) and do not block any views or create any overlooking of
neighbouring properties. Overall, the only relaxation sought is minor protrusions through the 1:4.5
batter line which are considered not to have significant impacts on the amenity function of the
setback area.
4. CONSULTATION
The application was forwarded to the following internal Council specialists:
Engineering Officer
Building Officer
Page 63 of 171
Section 64
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
5. CONCLUSION
The applicant has demonstrated the works will not adversely affect the flood detention function of
the setback or the integrity of the revetment wall. The building works will not negatively impact on
amenity with the setback area to be suitably landscaped. The works are considered to meet the
Special Provisions for Noosa Waters in the Building Works Code and are recommended for
approval, subject to conditions.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 64 of 171
Section 65
Page 65 of 171
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Page 65 of 171Section 66
Page 66 of 171
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Page 67 of 171Section 68
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
4 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A
COMMERCIAL BUSINESS TYPE 3 VETERINARY AT 28 EENIE CREEK RD,
NOOSAVILLE MCU15/0017
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM/ Application/ MCU15/0017
Attachment 1. Proposal Plan
2. Noosa Business Centre Precinct Plan
APPLICATION DETAILS
Applicant QIC Noosa Civic Pty Ltd
C/- Cardno HRP
Proposal Development Permit for Material Change of Use of Premises -
Commercial Business Type 3 - Veterinary
Properly Made Date 13 March 2015
Decision Due Date 03 July 2015
Number of Submissions Nil
PROPERTY DETAILS
Property Address Noosa Civic 28 Eenie Creek Road Noosaville Qld 4566
RP Description Lot 3 SP246584
Land Area 166m2 existing tenancy
Existing Use of Land Vacant Showroom
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Shire Business Centre
Assessment Type Impact
Page 68 of 171
Section 69
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 26 May 2015 regarding Application No. MCU15/0017 for a
Development Permit for a Material Change of Use for a Commercial Business – Type 3
Veterinary situated at 28 Eenie Creek Rd Noosaville and:
A. Approve the application in accordance with the following conditions:
When Conditions must be Complied With
1. 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
2. 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.
Plan No. Rev. Plan/Document Name Date
PB2.1 B Construction Plan, prepared by the Petalcad 15 December 2014
Design
Nature and Extent of Approved Use
3. No external use areas are approved by this development permit.
Amenity
4. The development must not create detrimental impacts on the amenity of the area due
to the creation of excessive noise, odour nuisance or other emissions.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The development allows co-location with an existing associated pet supply showroom
and is complementary to that business.
2. The development is generally consistent with the planning scheme intent for the
Noosa Business Centre to be a multi-function employment centre.
3. The development will not unduly impact on the available showroom space available
within the Noosa Business Centre.
REPORT
1. PROPOSAL
The application seeks approval for a Development Permit for a Material Change of Use of
premises for a veterinary clinic. The use is proposed within an existing 166m2 showroom
tenancy within the Emporium complex within the Noosa Business Centre that previously traded
as a Cash Converters. No building expansion or external works are proposed, with an internal
fitout the only required works. The fitout works comprise:
Reception/waiting room
2 consultation rooms
Preparation and operating rooms
X-ray room
Dog and Cat ward rooms (back of house)
Toilet
Store
Page 69 of 171
Section 70
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
The proposal plan is included as Attachment 1. The applicant submits the new veterinary use is
intended to co-locate with and complement the existing Petbarn pet supplies showroom in the
neighbouring tenancy, which it indicates is a strategy being employed by the company nationally.
2. SITE DETAILS
2.1. Background
The development approval for Noosa Civic Stage One was issued by Noosa Council via a
Negotiated Decision Notice dated 14 August 2003, and as amended on 17 March 2005 and 13
April 2006. The approval included 7,200m2 of showrooms constructed with the original shopping
centre development and known as the Emporium complex.
2.2. Site Description
The site is an existing showroom tenancy within the “Emporium” showroom complex. The
tenancy is 166m2 in size and is rectangular. Access is from the south via the customer carpark.
A photograph showing the subject tenancy (currently Cash Convertors) and the existing
neighbouring Petbarn are shown in Figure 2 below.
Figure 2 – Site Photo
2.3. Surrounding Land Uses
Immediately adjacent the site are showrooms, with the neighbouring tenancy to the west a
furniture showroom and to the east is “Petbarn” pet supplies. To the south is the Noosa Civic
shopping centre and to the southwest is a mix of offices, banks, commercial tenancies, centrelink
and a service station. Further afield to the west and southwest is a mix of industrial businesses
along Hoffman Drive and Rene Street. Across Eenie Creek Road to the northwest is a mix of car
yards and industrial tenancies and to the northeast is a retirement village.
Page 70 of 171
Section 71
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the urban footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies and regulatory provisions of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and falls within Precinct B3 of the Shire
Business Centre zone under The Noosa Plan (refer to Noosa Business Centre Precinct Plan
included as Attachment 2). The proposed use is identified as an inconsistent use within the
precinct and is required to follow an impact assessable application process.
Locality Provisions
The use raises a primary conflict with the Noosaville Locality Code provisions for the Shire
Business Centre zone because it is identified as an inconsistent use. Veterinary surgeries are
broadly supported within the Shire Business Centre zone, being a consistent use within precincts
E1, E2, E3, E4, E5, E6 and E7, but not within precinct B3, which has predominantly been
developed for showrooms. Given the conflict, the development must demonstrate sufficient
grounds exist to support the development in accordance with Section 329 of the Sustainable
Planning Act 2009. The applicant submits the following in support of the proposal:
The proposed development is to be located within Precinct B3 of the Shire Business Centre,
which is intended to provide "for showroom and office development” … Whilst it is acknowledged
that the proposal does not comprise a showroom or an office use, as defined by the Noosa Plan,
the proposed veterinary is a use which is compatible and complementary to the intended function
of, and existing uses within, Precinct B3. This is particularly shown when the existing uses within
this precinct are considered. While the precinct includes a number of showroom uses, such as
Dick Smith Electronics, Super Cheap Auto and BCF stores, it also contains a number of
complementary uses including an Australia Post outlet and Godfreys and Beacon lighting stores.
These complementary uses do not represent showroom or office uses, however act to
complement the offering of uses within the precinct. The proposed development replaces an
existing Cash Convertors store, which would also represent a complementary use in the precinct.
The proposal therefore does not reduce the supply of showroom (or office) uses in the precinct.
Page 71 of 171
Section 72
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
The proposed veterinary use is also directly associated with an adjoining pet store use (which
represents a showroom). It is intended to provide a co-located service to pet owners. This
approach increases the efficiency of land use within the precinct and further demonstrates the
complementary nature of the land use. The opportunity to co-locate the proposed use amongst
other uses, including a pet store, demonstrates a community benefit in minimizing travel and road
traffic. This is of particular note given the nature of the use, where use of public and active
transport by customers of the proposal is unlikely, given the need to transport a pet for treatment.
The use is therefore similar in nature to the bulky goods retailing intended to primarily occupy the
precinct. The design of the precinct, with highly accessible car parking, therefore suits this land
use, and avoids potential negative impacts of the use, should it be located in a less suitable
location.
The applicant’s submission regarding suitable grounds for approval are noted and generally
supported.
It is noteworthy that the recent Court approval for a Masters Home Improvement Centre and
separate showroom allows further showroom space to be constructed in Precinct E5, in excess
of the existing planning scheme limit. As such, the proposal is not considered to unduly impact
on the available showroom floor space within the Business Centre.
The primary reasons to support the veterinary surgery within Precinct B3 are considered to be:
The use complements and is directly associated with the existing pet supply showroom in the
neighbouring tenancy.
The use aligns with the overall planning scheme intent for the creation of a mixed use, multi-
function employment centre, as vet surgeries are broadly allowed within the Noosa Business
Centre.
The use will not unduly impact on available showroom space available within the Noosa
Business Centre, as existing showroom approvals exceed the limit set be The Noosa Plan.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Driveways and Carparking Code
Landscaping Code
Engineering Works Codes
The application has been assessed against the above applicable codes and generally complies
with each. The use attracts a higher car parking rate under the planning scheme (4 spaces
currently provided with 6 to 8 required) but provision of additional parking is not considered
necessary as no other new external works are required and the Emporium complex has been
observed over an extended period to have ample parking, with many shopping trips combining
multiple businesses within Noosa Civic. The veterinary surgery will also effectively share parking
with the adjacent pet supply business, with customers combining trips between both businesses.
Page 72 of 171
Section 73
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
4. CONSULTATION
4.1. IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Advice
ENERGEX is an advice agency for electricity easement matters and advised via letter dated 30
March 2015 it has no objection to the application.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. No submissions were received.
5. CONCLUSION
The proposed veterinary use within an existing showroom tenancy in the Noosa Business Centre
raises conflicts with the uses identified for the precinct but does not raise any significant planning
concerns. A veterinary clinic is broadly supported within the Business Centre within other
precincts and the proposed location allows it to co-locate with and complement an existing pet
supply showroom. The use broadly aligns with The Noosa Plan’s intent for the creation of a multi-
function business centre and will not unduly impact on the available showroom floor space within
the centre. The application is recommended for approval, with grounds identified to overcome the
planning conflict included in the recommendation.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 73 of 171
Section 74
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Page 74 of 171
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Page 75 of 171Section 76
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
5 REQUEST TO CHANGE A CONDITION OF A DEVELOPMENT PERMIT FOR A
MATERIAL CHANGE OF USE FOR A HOME BASED BUSINESS TYPE 3 -
SIGNIFICANT SCALE (QUAD BIKE TOURS) AT 298 TABLELANDS ROAD, COORAN
MCU12/0012.01
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM / Application / MCU12/0012.01
Attachments 1. Existing Development Permit
2. Petition of Support
3. Petition Signatory Locations
APPLICATION DETAILS
Applicant Mr CJ Marais
Proposal Change to a Condition of a Development Permit for Material Change of
Use - Home based business Type 3 - Significant Scale (Quad Bike
Tours)
Properly Made Date 27/03/15
Decision Due Date 12/05/15
Number of Submissions to • Properly Made - 24, of which 11 object and 13 support
Original Application
• Not Properly Made - 669, of which 86 object and 583 support
• Not Properly Made petition – 71 objections
PROPERTY DETAILS
Property Address 298 Tablelands Road Cooran
RP Description Lot 2 RP 192052
Land Area 8.952 Ha
Existing Use of Land Detached House
STATUTORY DETAILS
SEQRP Designation Regional Landscape & Rural Production
Locality Mary River Catchment
Zone Rural
Assessment Type Change to Existing Approval
Page 76 of 171
Section 77
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 26 May 2015 regarding Application No. MCU12/0012.01 for a request
to change a condition of an existing Development Permit for a Material Change of Use - Home
based business Type 3 - Significant Scale (Quad Bike Tours) situated at 298 Tablelands Rd
Cooran and agree to delete Condition 16.
REPORT
1. PROPOSAL
The application requests a change to a condition of a Development Permit for a Material Change
of Use for a Home Based Business for Quad Bike Tours situated at 298 Tablelands Road,
Cooran. A copy of the approval is included as Attachment 1. The approval includes a sunset
condition stating the approval lapses unless further extended by Council. The proponent seeks
to extend the approval and remove the sunset clause so the approval is ongoing.
The location of the site is shown in Figure 1 below. The applicant submitted a petition of support
for the development signed by neighbouring residents included as Attachment 2. The location of
the signatories is included as Attachment 3.
Figure 1 – Locality Plan
The application was received prior to the development permit lapse date of 31 March 2015 and
the permit remains valid while Council undertakes its assessment. The request is before Council
due to the previous public interest in the original application.
Page 77 of 171
Section 78
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
2. BACKGROUND
Sunshine Coast Council approved a Development Permit for a Material Change of Use for a
Home based business Type 3 - Significant Scale (Quad Bike Tours) subject to 20 conditions at
its Ordinary Meeting on 18 October 2012. The applicant subsequently made representations to 2
conditions relating to effluent disposal and days of operation. Council agreed to the changes and
issued a Negotiated Decision Notice on 2 November 2012.
The approved use allows approximately 800m2 of the 8.95ha site to operate as a base for the
quad bike tour business. The area is used to store 12 quad bikes and to induct tourists on quad
bike operation. The tours commenced in early 2013. Up to 2 x 3hr tours a day are allowed
Monday to Saturday. A maximum of 10 tourists take part led by 2 guides.
Tourists are collected by mini-bus either from their accommodation or from Cooran. Once at the
site they undertake a 20-30 minute briefing and induction. Tours then proceed from the site on
the quad bikes, approximately 500m along Tablelands Road to the Woondum National Park
entrance, on the quad bikes. The bikes are speed restricted to 30km/h and travel single file
behind the tour operator for the journey through the Park.
It is important to note Council’s development approval only relates to the use of the subject site
and not the majority of the tour, which is off site. A Commercial Activity Permit was issued by the
Department of Environment and Heritage Protection allowing the tours within the National Park.
Queensland Police also issued a permit for the quad bikes to use Tablelands Road and the
access tracks in the Park. DEHP extended its permit to March 2018 in April 2015 and Qld Police
extended the road permit until August 2015 in August 2014.
3. ASSESSMENT
3.1. Statutory Assessment Process
The application seeks a change to the development approval under S369 of the Sustainable
Planning Act 2009. A change to a development approval can only be made where the change
constitutes a ‘permissible change’ as defined in S367.
The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change because:
The change would not result in a substantially different development as it seeks to change
a condition only;
The change would not trigger a new referral to the State Assessment and Referral Agency;
The original application was impact assessable and the proposed changes would not likely
cause a person to make a properly made submission because they do not alter the nature
of the approved development; and
The changes do not involve prohibited development.
4. REQUEST TO CHANGE CONDITION
Details and assessment of the requested change to the existing conditions are provided below.
Condition 16 – Sunset Clause for Completion of Approved Development
16 Pursuant to s342 of the Sustainable Planning Act 2009, this development approval lapses
on 31 March 2015, unless application is made and approved by Council for extension.
Applicant’s Request
We wish to apply for the removal of clause 16 Sunset Clause for Completion of the Approved
Development. The purpose of this clause was to assess any complaints made during the
probation period of operation of the business (Quad Bike Training for the purpose of conducting
an already approved tour business of the Woondum National Park).
Page 78 of 171
Section 79
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
To date neither Council and/or ourselves have received a single complaint regarding any aspect
of our business. If anything, we now have full support of several previous incorrectly made
submitters opposing our original application. Further, we now have the full consent of all direct
neighbours to our property and along the route of the tour, inclusive of National Park neighbours.
Having experienced an accident and some very minor incidents during the first few months of
operation, we revised our training, testing and safety procedure for guests to partake in the tour.
As a result we have not had a single accident or incident for over 14 months with over 900 guests
during this time. Our operation for quad bike tours is now considered to be the safest in both
Australia and New Zealand.
We also wish to note that close to 80% of our guests are from the greater Brisbane region,
visiting the Noosa area on a day or overnight trip for the sole purpose of experiencing our unique
safe and well reviewed experience offered by Noosa Quad Bike Tours. Accordingly, these
guests inject on average $150 each into the local economy. An estimated total to date in excess
of $150,000. This is a small but significant benefit to the local economy. Our business also
injects almost all expenditure to other small businesses within the Noosa region. Some are
advertising, mechanical servicing, fuels, accounting and legal services.
We are now also ranked as the second most popular sightseeing tour on “Trip Advisor” for the
Noosa area.
As such we trust council will now remove this probationary sunset clause and grant us the
material change of use we originally applied for.
Assessment
The applicant’s submission regarding the successful operation of the business and support of
neighbours is noted.
The condition was applied to allow Council to discontinue the use in the event the business did
not comply with Council’s requirements or was found to cause undue impacts on the area.
Council’s Development Compliance Officer has undertaken inspections and confirms the
business operates in accordance with the development conditions and no complaints have been
received.
No reasons exist for the development approval to be discontinued and deletion of condition 16 is
supported.
5. CONCLUSION
Since commencing operation in 2013 the Quad Bike Tour business has operated in accordance
with Council’s conditions of approval and has not caused significant impacts on the amenity of
the area or led to any complaints. The applicant’s request to delete Condition 16 to remove the
lapsing date and make the development permit ongoing is therefore supported.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 79 of 171
Section 80
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Page 80 of 171
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Attachment 1
Officer: Jack Lewis
Direct Telephone: (07) 5449 5266
Fax: (OT) 5475 7277
Our Reference: JLO13:ae:MCU12/0012
Your Reference not provided
2 November 2012
Mr CJ Marais
PO Box 1111
NOOSA HEADS QLD 4567
Dear Sir
Negotiated Decision Notice
Sustainable Planning Act 2009
| refer to your application and the representations you made in respect to the decision notice.
On 2 November 2012 Council decided your representations.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU12/0012
Street Address: 298 Tablelands Rd COORAN QLD 4569
Real Property Description: Lot 2 RP 192052
Planning Scheme: The Noosa Plan (8 August 2011)
2. DECISION DETAILS
Council on 18 October 2012 decided to issue the following type of approval:
. Development Permit for Material Change of Use of Premises - Home based business
Type 3 - Significant Scale (Quad Bike Tours)
In relation to representations, Council on 2 November 2012 decided to:
A. Agree to change Conditions 11 and 15(i).
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 4 years starting the day that this
development approval takes effect.
FM1S0@e/2-13/04/2011 Page 1 0f9
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MCU12/0012
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the usé commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2 Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
3. The home-based business is limited to undertaking quad bike inductions and storage
in the cleared area marked as ‘Car parking, Shed A & Shed B’ as indicated on the
approved Site Plan. Quad bikes shall not be ridden outside the 800m~ bike induction
area of the site, and the associated driveway leading to Tablelands Road.
4. The approved use must be conducted by a permanent resident or residents of the
detached house, with the total number of persons associated with the approved use on
the site at any one time not exceeding 10 tourists and 3 staff.
5. The approved use must not involve the sale of goods from the premises, nor the public
display of goods visible from any point outside the premises.
6. Any storage of flammable and/or combustible liquids must comply with the minor
storage provisions of Australian Standard AS1940 “The Storage and Handling of
Flammable and Combustible Liquids”.
7. The total number of advertising signs provided on the site must not exceed one, having
a maximum sign face area of 0.3 m~ and not involving illumination or motion,
8. The total number of quad bike tours from the site must not exceed 2 per day, Monday
to Saturday. No tours shall be conducted on Sundays and Public Holidays. The on-site
inductions must not exceed a maximum of 30 minutes.
9. The use shall not operate outside the hours of 8:30am to 5pm, Monday to Saturday.
10. All tourists must be picked up by mini bus/troop carrier or the like.
11. The development must be provided with an approved on-site waste water treatment
and effluent disposal system in accordance with PSP 24 - Effluent Disposal and have a
capacity sufficient for the use. Due to the frequent accessing of the site for pump-out,
portaloos are only permitted until the 30 March 2013. After this date, portaloos are not
to be used,
12. All mechanical servicing and repair associated with the quad bikes is to be undertaken
off site at an approved mechanical workshop.
13. Refuse storage, removal and collection facilities must be provided in accordance with
the following:
(a) Provision of 2 x 240L wheelie bins for the business use; and
(b) Collection by service vehicles from the kerbside,
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mM 1210012
14. The quad bikes must have the appropriate registration permits for use on the roads, as
specified by the Department of Transport & Main Roads and Queensland Police.
15. Prior to the commencement of the use, the applicant shall submit a Noise
Management Plan (NMP), to the reasonable satisfaction of Council. This must include
as a minimum:
(a) Objective statement for the minimisation of adverse impacts upon the acoustic
amenity of the environment near the quad bike site;
(b) Names of overall responsible person and site quad bike manager for the site
tourism operations;
(c) Training details for site quad bike manager to ensure safety of patrons and
minimisation of noise emissions on the training circuit, on Tablelands Road,
and in the National Park, Annual training that is suitable and relevant for these
requirements for each site quad bike manager is the minimum training
requirement. The details and dates of the training for the site quad bike
manager shall be detailed in the NMP;
(d) Minimum competency levels for quad bike drivers to be achieved prior to
departing the on-site training circuit, including method of testing prior to
departure from the site;
(e) Training and inductions for quad bike riders shall not exceed 30 minutes per
tour,
(f) Quad bike driver behaviour and site quad bike manager supervision
requirements for noise minimisation during travel on Tablelands Road and in
the National Park:
(g) All riders shall be provided with a communication headset to converse and
receive instructions;
(h) Hours of operation of quad bikes training and tours to be 8.30am to Spm
Monday to Saturday;
{i) The total number of quad bike tours from the site must not exceed 2 per day on
Monday to Saturday, No tours shall be conducted on Sundays and Public
Holidays;
{j) The maximum number of quad bikes for any tour is to be limited to twelve.
While a tour is in operation no other quad bikes are permitted to be operated on
the training circuit or on the site;
(k) Quad bikes are to be Kymco MXU300 (including automatic transmission, 270cc
engine, governed and fitted with a suitable muffler), or equivalent to be
approved by Council;
(Il) Quad bikes must be mechanically governed by an authorised mechanic to a
maximum speed of 30km/hr;
(m) Quad bikes are to be maintained in good condition, All maintenance and
servicing of quad bikes that requires running of quad bike engines shall be
conducted external to the site. Quad bike maintenance records, including
regular mechanical servicing and inspection of muffler condition, and annual
noise testing to be kept on site and provided to Council for inspection, upon
request;
(n) Maximum noise level of quad bikes to be not greater than maxL 69 dBA at 10
metres from the edge of the track when the bike is being driven around the
training circuit with throttle wide open. A minimum of three laps of the training
track shall be completed during each noise test per quad bike. All bikes to be
tested at least once per annum. Noise levels to be measured by a suitably
qualified acoustic consultant with company membership of the AAAC, or
individual membership of the AAS;
{o) If a reasonable complaint about quad bike operations is received, then Council
may request additional noise testing to be conducted. Any bikes that do not
comply with the maximum noise levels shall be removed from service and will
FIM {SOs !2- 13/04/2011 Page 3 of 9
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M2002
not be permitted to be used for quad bike training or tours, until testing
indicates compliance with the maximum noise level criteria; and
(p) A noise complaint plan, including a standard noise complaint registration form,
a publicly advertised noise complaint phone number fitted with an answering
machine if not attended, and actions taken in response to a complaint to
prevent the source of the complaint from re-occurring. All noise complaint
records and responses to be kept on file on the site for inspection by Council, if
requested.
Sunset Clause for Completion of Approved Development
16, Pursuant to s342 of the Sustainable Planning Act 2009, this development approval
lapses on 31 March 2015, unless application is made and approved by Council for
extension.
ENGINEERING
Site Access and Driveways
17. An access driveway must be provided from the formation in Tablelands Road to the
quad bike storage and induction area, The access driveway (location and formation)
must be in accordance with AS/NZS 2890, 1:2004 and certified by an RPEQ prior to the
commencement of the use. The certification must include recommendations for the
ongoing maintenance of the access location and driveway.
18. The property owner must maintain the access location and the full length of the access
driveway in accordance with the recommendations of the RPEQ certification.
Stormwater Drainage
19. Stormwater runoff from the development, including bike wash down must be disposed
of on-site without causing scour or damage to the subject site or any adjoining
property,
Damage to Services and Assets
20. Any damage caused to existing services and assets above or below the ground must
be repaired:
(a) Where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
(b) 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.
5. REFERRAL AGENCY CONDITIONS
Not Applicable
6. APPROVED PLANS/DOCUMENTS
The following plans are Approved Plans for the development:
Approved Plans
Plano. [Rev. [PlanName ate
Site Plan - 298 Tablelands Road, Cooran, prepared | Date Stamped
by Charles Morais 6/02/2012
FM1500s/2.7./04/2011 Page 4 of 9
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MCU12/0012
te REFERENCED DOCUMENTS
Not Applicable
8. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do nat form
part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Hentage Management Plan and/or
obtain approvals pursuant to the Aboriginal Cultural Hentage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that “A
person who carries out an activity must take all reasonable and practicable measures
to ensure the activity does not harm Aboriginal cultural heritage." \t is an offence to
fail to comply with the duty of care. Substantial monetary penalties may apply to
individuals or corporations breaching this duty of care. Injunctions may also be issued
by the Land and Resources Tribunal, and the Minister administering the Act can also
issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural
heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to
discuss any obligations under the ACH Act.
9. PROPERTY NOTES
Not Applicable
10. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
11, _FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
12. (SELF ASSESSABLE CODES
Not Applicable
13. SUBMISSIONS
There were 24 properly made submissions about the application. in accordance with
Sustainable Planning Act 2009, the name and address of the principal submitter for each
properly made submission is provided and attached.
14. _REASONS/ GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable
PM150Gs/2-104/2011 Page 5 of 9
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120012
15. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.
Please note that the development approval does not take effect and cannot be acted upon,
until the end of the submitter's appeal period
16. OTHER DETAILS
if you wish to obtain more information about Council's decision, electronic copies are available
on line at{www_sunshinecoast.gid.gov.au} or at Council Offices.
DECISION NOTICE HISTORY
MCU12/0012 Original Decision Notice 18 October 2012.
MCU12/0012 Negotiated Decision Notice 2 November 2012.
Yours faithfully
KERRI COYLE
COORDINATOR PLANNING APPLICATIONS NORTH
Enc Appeal Rights
List of Subowtters
PM 15000/2.72/04/2011 Page 6 of 9
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E2002
| Sunshine Coast List of Submitters
Regional Council eae CT 2008 & SUSTAINABLE PLANNING
Only Properly Made Submissions are to be included in this notice (s335 (1) (1)
Lynette McAndrew 226 Tablelands Road COORAN QLO 4569
Andrew Symons 100 Tablelands Road COORAN QLD 4569
Rose Stewart, Noosa Parks Association PO Box 836 NOOSA HEADS QLD 4567
Didier & Jacqui Sich 2224 Old Noosa Road COORAN QLD 4569
Paul & Michelle Schofield 37 Brewers Road COORAN QLD 4569
Juliet Peters 100 Tablelands Road COORAN QLD 4569
Ruth Berlin 30 Tablelands Road COORAN QLD 4569
Andrew Webb 24 King Street COORAN QLD 4569
Steve Fowler 382 Tablelands Road COORAN QLD 4569
Tony Wellington 18 Sunrise Road TINBEERWAH QLD 4563
Layla Fowler 382 Tablelands Road COORAN QLD 4569
Christopher Lamp 301 Tablelands Road COORAN QLD 4569
Alan Caldwell 303 Tablelands Road COORAN QLD 4569
J&J Price 374 Tablelands Road COORAN QLD 4569
Aaron Street 398 Tablelands Road COORAN QLD 4569
Trevor Burke 428 Tablelands Road COORAN QLD 4569
Eddie Coutts 479B Tablelands Road COORAN QLD 4569
Michael Stevenage 479 Tablelands Road COORAN QLD 4569
John and Tania Broadbent 489 Tablelands Road COORAN QLD 4569
R&J Sharp 519 Tablelands Road COORAN QLD 4569
IFM & A Coats 549 Tablelands Road COORAN QLD 4569
Beate Czamanska 244 Tablelands Road COORAN QLD 4569
Reuben & Luna Steer 250 Tablelands Roads COORAN QLD 4569
Eliane Michel 295 Tabielands Road COORAN QLD 4569
FM 1500e/2-13/04/2011 Page 7 of &
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MCU12/0012
|Su nshine Coast — Appeal Rights
Regional Council Raa ACT 2009 & SUSTAINABLE PLANNING
The following is an extract from the Sustainable Planning Act, {2) A submitter of @ properly made submission for the
2009 (Chapter 7), application may appeal to the court about a referral
agency's response made by 8 prescribed concurrence
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & agency for the application.
OPERATIONAL WORKS (3) However, the submitter may only appeal against a
referral agency's response to the extent it relates to—
Division 8 Appeals to court relating to {a} it the prescnbed concurrence agency is the chief
development applications and executive (environment}—development for an
approvals aquacultural ERA: or
7 {b) if the prescnbed concurrence agency is the chief
461 = Appeals by applicants executive (fisheries)—development that is—
(1) An applicant for a development application may appeal (i) @ material change of use of premises for
to the court against any of the following— aquaculture; or
(a) the refusal, of the refusal in part, of the (ii) operational work that is the removal, damage
evelopment application; or destruction of a manne plant.
{b) any condition of a development approval. another (4) Despite saction 462(1), the submitter may appeal
matter stated in a development approval and the against the following matters for the application even it
identification or inclusion of a code under section the matters relate to code assessment—
242: . ‘ {a} @ decision about a matter mentioned in section
(c) the decision to give a preliminary approval when a 462(2) if it is a decision of the chief executive
Gevelopment permit was applied for; (fisheries);
(4) the length of @ period mentioned in section 341; (>) @ referral agency's response mentioned in
fe} @ deemed refusal of the development application subsection (2).
(2) An appeal under subsection (1}(8), (b), (c) of (4) must
be started within 20 business days (the applicant's 464 Appeals by advice agency submitters
appeal period) after— (1) Subsection (2) applies if an advice agency. in its
{a) If @ decision notice or negotiated decision notice response for an application, toké the assessment
's given—the cay the decision notice or manager to treat the response as a properly made
negotiated decision notice is given to the submission
applicant; or ; (2) The advice agency may, within the limits of its
{b) otherwise—the day & decision notice was jurisdiction, appeal to the court about—
required to be given te the applicant, (a) ny part of the approval relating to the assessment
{3) An appeal under subsection (1)(¢) may be started at manager's decision about any part of the
any time after the last day a decision on the matter application requinng impact assessment under
should nave been made section 314: or
(>) any part of the approval relating to the assessment
462 Appeals by submitters—general manager's decision under section 327
(1) A submitter for a development application may appeal = (3) The appeal must be staried within 20 business days
to the court only againsi— after the day the decision notice or negotiated decision
(a) the part of the approval relating to the notice is given to the advice agency as a submitter,
assessment managers decision about any partof (4) However, if the advice agency has given the
the application requiring impact assessment assessment manager 6 notice under section
under section 314: or 339(1)b)N), the advice agency may not appeal the
(b) the part of the approval relating to the decision
assessment manager's decision under section
327 466 Is about decisions relating to extensions for
(2) Ta the extent an appeal may be made under pe scorent
subsection (1), the appeal may be against formore of = (1) For a development approval given for a development
the folowing— application, @ person to whorn 2 notice is given under
(a) the giving of a development approval section 389, other than a notice for a decision under
(B) any provision of the approval inclucing— section 386(2), may appeal to the court against the
(i) & condition of, or lack of condition for, the dacision in the notice.
approval; or (2) The appeal must be started within 20 business days
(t) the length of & period mentioned in section after the day the notice of the dacision is given to the
341 for the approval. parson.
(3) However, a submitter may not appeal ifthe submitier— = (3) Also, 8 person who has made a request under section
{a) withdraws the submission before the application 383 may appeal to the court against a deemed refusal of
is decided, or the request.
(6) has given the assessrnent manager 8 notice (4) An appeal under subsection (3) may be started at any
under section 339) 1)(b\(il) time after the last day the decision on the matter should
(4) The appeai must be started within 20 business days (the have been made.
submitter's appeal period) atter the decision notice or
negotiated decision notice is given to the submitter. 466 Appeals about decisions relating to permissible
; changes
463 Additional and extended appeal rights for submitters = (1) For a development approval given for = development
for particular development applications application, the following persons may appeal to the
{1} This section applies to a development application to court against a decision on # request to make 4
which chapter 9, past 7 apples. permissible change to the approval—
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MCU12/0012
(a) the responsible entity for making the change s the
assessment manager for the application—
(})} the person who made the request, or
{li} en entity that gave a notice under section 373
or a pre-request response notice about the
request,
(b) of the responsible entity for making the change is a
concurrence agency for the appication—the person
who made the request.
(2) The appeal must be started within 20 business days after
the day the person is grven notice of the decision on the
request under section 376
(3) Also, a person who has made a request under section
369 may appeal to the court against a deemed refusal of
the request.
(4) An appeal under subsection (3) may be started at any
time after the last day the decision on the matter should
have been made.
467 Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency
(1) Aperson to whom a notice under section 378(9b) giving
@ Gecision to change or cancel a condition of a
Gevelopment approval has been given may appeal to the
court against the decision in the notice.
(2) The appeal must be started within 20 business days after
the day the notice of the decision is given to the person
{
FM1500e/2. 1/04/2011 Page 9 of 8
Page 88 of 171Section 89
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Page 89 of 171
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
Attachment 2
- Support for Noosa Quad Bike Tours.
We the undersigned neighbours of Charles Marais trading as Noosa
Quad Bike Tours of 298 Tablelands Road, Cooran, consent to the
complete removal of the “sunset clause” of the MCU 12/0012, and
that the MCU now be made permanent. We confirm that this
business has had no impact on us, and/ or the amenity of the area in
any manner.
Name Street # Signed Date
Myx Hews B01 bummer nee
Mek Sy 30) [hblleds OSL Wehr 74
breve Peace. | 37 festa RDA thee fread
VGavile (hice. | 374 aie Wid ace [iS
OD Midna DILL FE Thabklouds \& GROVILL, ~4h-/.
tealdval 130s [eaaiel ae.” [nas
Page 89 of 171Section 90
Page 90 of 171
Submissions of support for Quad Bike Tours : Attachment 3
298 Tablelands Road, Cooran :
Woondum National Park Neve +" x
Ad rr :
. 75 ‘
| : | :
9 |-e .
. 5 ee
&@ \\\\Quad)Bikejroute to’entrance of National;Park :
oe | ’
ee pw ea a Quad Bike’ Trainin !
. % o y ™ ss , Subject’Site ye
-_ ae g Area
SS ee . =: , 2 — - .
" r cn \ - f
eS 7 Ny : im 3 a,
ENC: Rd
| sh * » ad |
, to i ae
ie
nt a ig : ’ .
oh bi:
ee eV ; Z YD
(Severe ere nin on eae EE a , ev 7e. BN
Is ’ pe ey _ ca = be |
OPS Filg MON crs ope PANS) Ach Belepes, ueiScaresect nse sg 4 : 900 Les
Page 90 of 171Section 91
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 26 MAY 2015
6 MATERIAL CHANGE OF USE APPLICATION FOR RETAIL BUSINESS TYPE 2 - SHOP
& SALON SITUATED AT 15 NOOSA DR, NOOSA HEADS - MCU14/0053
DOCUMENT INFORM AT IO
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / Application / MCU14/0053
Attachments 1. Additional Proposal Plans
2. Site Photos
APPLICATION DETAILS
Applicant Cammeray Investments Pty Ltd
Proposal Development Permit for Material Change of Use for a Retail Business
Type 2 - Shop & Salon
Properly Made Date 15 July 2014
Information Request Date 21 July 2014
Information Response Date 17 March 2015
Decision Due Date 23 June 2015
Number of Submissions Nil
PROPERTY DETAILS
Property Address 15 Noosa Drive, Noosa Heads
RP Description Lot 6 on N21827
Land Area 286m2
Existing Use of Land Shop
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Visitor Mixed Use
Overlays Natural Hazards
Potential Acid Sulfate Soils
Medium Bushfire Hazard
Subject to Minimum Floor Heights
Assessment Type Impact
Page 91 of 171
The text continues on section 92.