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Town Planning Report

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        DEVELOPMENT ASSESSMENT REPORT
                     DEVELOPMENT APPLICATION FOR
             MATERIAL CHANGE OF USE AND OPERATIONAL WORK

                                 6 TAYLOR COURT, COOROY

                                   LOT 3 ON SP197517

File Number: 16161                                         June 2016
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Page 2

Project Urban – 16161                                                                                                                June 2016




DOCUMENT INFORMATION

Project number:                      16161

Report prepared for:                 Hass Holdings ATF The Quasar Trust


DOCUMENT CONTROL

  Revision #                Date                   Prepared by                       Reviewed by                      Authorised by

      Draft              6/04/2016              John McKennariey                                                    John McKennariey

      Final             10/06/2016              John McKennariey                                                    John McKennariey



COMPANY DETAILS

Project Urban Pty Ltd
Suite 1 Corner Surf Road & Gardak Street
ALEXANDRA HEADLAND QLD 4572
Tel: 07 5443 2844
Email: [email protected]


Disclaimer Statement

Project Urban Pty Ltd retains ownership and copyright of the contents of this document including drawings, plans, figures and other work
produced by Project Urban Pty Ltd. This document is not to be reproduced in full or any part, unless separately approved by Project Urban Pty
Ltd. The client may use this document only for the purpose of which it was prepared. No third party is entitled to use or rely on this document.

This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply.




Development Assessment Report                                                                                                     Page 2 of 29
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Project Urban – 16161                                                                                                                                        June 2016




TABLE OF CONTENTS
1.0     APPLICATION SUMMARY.................................................................................................... 4
2.0     EXECUTIVE SUMMARY ........................................................................................................ 5
3.0     INTRODUCTION ................................................................................................................. 7
4.0     SITE DESCRIPTION .............................................................................................................. 8
  4.1     SUBJECT SITE ................................................................................................................................................8
  4.2     SURROUNDING LAND USES ......................................................................................................................9
5.0     PROPOSAL ....................................................................................................................... 11
6.0     STATE PLANNING INTERESTS ........................................................................................... 13
  6.1     STATE PLANNING REGULATORY PROVISIONS...................................................................................... 13
  6.2     STATE PLANNING POLICY ........................................................................................................................ 13
  6.3     REFERRAL .................................................................................................................................................... 14
  6.4     STATE DEVELOPMENT ASSESSMENT PROVISIONS .............................................................................. 14
7.0     PLANNING SCHEME.......................................................................................................... 15
  7.1     DEFINITIONS .............................................................................................................................................. 15
  7.2     LEVEL OF ASSESSMENT............................................................................................................................. 15
  7.3     DESIRED ENVIRONMENTAL OUTCOMES ............................................................................................... 19
  7.4     OVERLAYS................................................................................................................................................... 21
  7.5     COOROY & LAKE MACDONALD LOCALITY PLAN – OVERALL OUTCOMES....................................... 21
  7.6     COOROY & LAKE MACDONALD LOCALITY PLAN – SPECIFIC OUTCOMES ....................................... 23
  7.7     PLANNING SCHEME CODES..................................................................................................................... 24
    7.7.1 Business Uses Code............................................................................................................................... 24
    7.7.2 Landscaping Code ................................................................................................................................. 24
    7.7.3 Works Codes .......................................................................................................................................... 24
    7.7.4 Advertising Devices Code..................................................................................................................... 25
8.0     ROADSIDE ADVERTISING GUIDE ....................................................................................... 26
9.0     CONCLUSION ................................................................................................................... 27


SUPPORTING DOCUMENTATION
Architectural Plans prepared by Reddog Architects

Engineering Services Report prepared by Covey Associates

Stormwater Management Plan prepared by Covey Associates

Traffic Engineering Report prepared by TTM Consulting

Contour and Detail Survey prepared by Murray & Associates

Noise Impact Assessment prepared by David Moore & Associates

Code Assessment prepared by Project Urban

Approved Plan of Development – Drawing 45021-C02 Revision G Sheet 2 of 7

Economic Need Impact Assessment prepared by Urban Economics (to be lodged under separate cover)




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Project Urban – 16161                                                                          June 2016




1.0 APPLICATION SUMMARY

 SITE DETAILS

 Address                                  6 Taylor Court, Cooroy

 Real Properly Description                Lot 3 on SP197517

 Land Area                                8,243m2

 Local Authority                          Noosa Shire Council

 Current Use                              Temporary site office and storage area

 PLANNING SCHEME DESIGNATIONS

 Planning Scheme                          Noosa Plan

 Locality                                 Cooroy & Lake Macdonald

 Zone                                     Industry (subject to plan of development)

 APPLICATION DETAILS

 Applicant                                Hass Holdings ATF The Quasar Trust

 Application Type                         Development Permit for Material Change of Use
                                          Development Permit for Operational Work

 Land Uses                                Retail Business Type 2 Shop & Salon
                                          Retail Business Type 5 Vehicle Uses
                                          Entertainment and Dining Business Type 1 Food & Beverage

 Level of Assessment                      Impact

 Referrals                                Not applicable



 PROJECT TEAM

 Town Planning                            Project Urban

 Architecture                             Reddog Architects

 Engineering / Stormwater                 Covey Associates

 Traffic Engineering                      TTM Consulting

 Survey                                   Murray & Associates

 Acoustics                                David Moore & Associates

 Economic Analysis                        Urban Economics


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Project Urban – 16161                                                                         June 2016




2.0 EXECUTIVE SUMMARY
Hass Holdings ATF the Quasar Trust has submitted a Material Change of Use and Operational
Works application to the Noosa Shire Council over land at 6 Taylor Court, Cooroy, for the
following uses:

        Retail Business Type 2 Shop & Salon;
        Retail Business Type 5 Vehicle Uses;
        Entertainment and Dining Business Type 1 Food & Beverage.

The proposal is for a service station, shop and fast food restaurant and has been designed as an
integrated scheme over the subject land. The total proposed gross floor area of the development
is approximately 605m2.

The site forms part of the Nandroya Industrial Estate which was approved by the Noosa Council
in November 2006. That approval included a Plan of Development which included a
Supplementary Table of Development Assessment that identified Industrial Business Type 2 and
Retail Business Type 3 uses as being the preferred uses for the estate.

The proposed uses (Retail Types 2 & 5 and Entertainment and Dining Business Type 1) require
impact assessment and are identified as inconsistent uses in the Supplementary Table of
Development Assessment. Sufficient grounds to gain approval to justify the development’s
conflicts with the plan of development are set out below:

        There is a recognised need for a service station that services a highway catchment in this
         location. The nearest service stations that are adjacent to the Bruce Highway are
         approximately 30 kilometres to the north and south of the subject site. The site is
         elevated above, and is clearly visible from, the Bruce Highway. While not a highway
         service centre, the proposed service station and other uses are orientated towards and are
         clearly visible from the Bruce Highway and will service highway needs.

        The plan of development for the estate is now 10 years old and the industrial estate
         remains vacant (except for temporary uses). The plan of development is arguably out of
         date given the age of the approval and the slow take up of sites.

        Even if Council considers the plan of development to remain relevant, the proposal
         occupies one (1) lot in this estate. The 0.8 hectare site equates to approximately 12% of
         the available developable area in the Nandroya industrial estate (total - 6.5 hectares). The
         plan of development’s intent for the estate (which has not been acted on in 10 years) can
         still be achieved given that 88% of the Nandroya industrial estate would remain available
         for land uses that are envisaged by the plan of development.

        The underlying zoning of the site is Industry. The Noosa Plan identifies the Retail Business
         Type 5 Vehicle Use (e.g. a service station) as being a consistent use in the Industry zone in
         numerous localities across the Shire, including in other industrial zoned sites in the Cooroy
         & Lake Macdonald locality.




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Project Urban – 16161                                                                      June 2016




        The proposal is likely to act as a catalyst for the development of other sites in the
         Nandroya industrial estate which has lain vacant since the estate was developed. This is a
         significant community benefit.

        Access to and the visibility of the site from the Bruce Highway has been improved as part
         of the Bruce Highway (Cooroy to Curra) upgrade.

        Proposed advertising signage is consistent with the requirements of the Department of
         Transport and Main Roads’ Roadside Advertising Guideline.

        The Retail Business Type 2 – Shop & Salon use is associated with the service station
         component. Whilst Council considers this component to comprise its own specific use, it
         should be noted that the operation, use and function of this part of the building will be
         primarily related to the service station. The sale of retail goods is considered to be
         complimentary to and typical of a modern service station.

        Fast food drive-through facilities and shops are typical components of such service
         stations and will address the needs of highway travellers.

        The site is adjacent to the Bruce Highway and otherwise adjoins Industry zoned land. The
         site is well separated from residential uses, with the nearest house being located
         approximately 330m to the east.

        The site is within the Lake Macdonald water supply catchment but is on land that is
         already committed for urban development purposes.

        The site is already serviced by all typical urban infrastructure including sewer and
         reticulated water.

        The proposal satisfies all higher order provisions of the planning scheme.

In summary, the proposal offers community benefits and an absence of negative impacts. Under
the SPA regime, the proposal requires impact assessment. That assessment concludes that any
impacts of the proposal are only positive, and the proposal will be of benefit to the community.




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Project Urban – 16161                                                                       June 2016




3.0 INTRODUCTION

This Development Assessment Report has been prepared to support a Development Application
for Development Permit for Material Change of Use and Operational Work. The application seeks
approval of Retail Business Type 2 Shop & Salon, Retail Business Type 5 Vehicle Uses and
Entertainment and Dining Business Type 1 Food & Beverage. Approval for advertising signage
associated with the proposed uses is also sought.

The site is situated at 6 Taylor Court, Cooroy and is described as Lot 3 on SP197517.

The Noosa Plan includes the site in the Cooroy & Lake Macdonald Locality and the Industry Zone.
The site forms part of the Nandroya Industrial Estate which is subject to a plan of development.
The proposal is subject to impact assessment.

The purpose of this report is to describe the characteristics of the site and surrounding land uses,
detail the proposed development and provide an assessment against the applicable planning
provisions.

This report should be read in conjunction with the accompanying covering letter, IDAS
development application forms and supporting documentation.




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Project Urban – 16161                                                                        June 2016




4.0 SITE DESCRIPTION
4.1 SUBJECT SITE

Figures 1 & 2 illustrate that the site is located adjacent to the Bruce Highway. The site located in
an industrial estate known as the Nandroya Industrial Estate. This estate was developed by the
state government in 2008 and resulted in five (5) industrial allotments being created. The estate
has experienced a very slow take up with only temporary land uses having occupied the estate
since titles were created.

The site address is 6 Taylor Court, Cooroy and is legally described as Lot 3 on SP197517. The site
has an area of 8,243m2 and is a regularly shaped lot with frontages to Holts Road and Taylor
Court. The site is currently occupied by a temporary site office and car parking associated with
the Bruce Highway (Cooroy to Curra) upgrade. A sewer line and manhole within an easement is
located in the south-western corner of the site.




                              Subject Site




Figure 1: Locality Plan


The site is elevated above, and is clearly visible from, the Bruce Highway, particularly the
southern approach. The site falls gently towards Taylor Court and the southern boundary. The
site is cleared of vegetation. Retaining walls are evident along both road frontages and the
southern boundary.

Holts Road and Taylor Court are sealed. Taylor Court has kerb and channeling along the site’s
frontage and a footpath within the verge. An existing vehicle crossover is evident on the site’s
frontage to Taylor Court near the intersection with Holts Road.




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Project Urban – 16161                                                                        June 2016




Figure 2: Aerial image



4.2 SURROUNDING LAND USES

As discussed above, the site is located in the Nandroya Industrial Estate. The estate comprises
five (5) industrial lots ranging in size from 8,243m2 to over two (2) hectares. Temporary uses
associated with the Bruce Highway (Cooroy to Curra) upgrade occupy the subject site and
adjoining Lot 1 on SP235189 to the west. The estate is otherwise vacant.

The Bruce Highway is adjacent to the north and includes on and off ramps associated with the
interchange. The Bruce Highway (Cooroy to Curra) upgrade, once completed, will improve
connectivity to the estate from both approaches.

Rural residential and rural land holdings are evident further to the south and west of the estate.

The nearest residential dwellings are located approximately 330m to the east, 440m to the south-
west and 770m to the south-east as shown in Figure 3.




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Project Urban – 16161                                                                                  June 2016




                                                                                     House - 330m




   House - 440m




                                                                      House - 770m



Figure 3: Aerial image showing distances to nearest dwelling houses




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Project Urban – 16161                                                                       June 2016




5.0 PROPOSAL
In accordance with the relevant provisions of the Sustainable Planning Act 2009, this application
seeks a Development Permit for Material Change of Use for a Retail Business Type 2 Shop &
Salon, Retail Business Type 5 Vehicle Uses and Entertainment and Dining Business Type 1 Food &
Beverage. A Development Permit for Operational Work for Advertising Devices is also sought.

Discussions have been held with Council’s Denis Wallace and the Department of Transport and
Main Roads’ Stuart Duncan regarding the proposal.

The service station includes eight (8) fuel bowsers and (4) underground tanks. The 195m2 service
station/shop building contains a sales counter, a sales area, toilets and a back of house area. The
service station/shop building is single storey with an approximate height of 7 metres. The service
station fuel canopy has an approximate height of 5.8 metres. The service station/shop will service
customers 24 hours a day, seven (7) days a week.

A single fast-food tenancy is proposed with a drive-through facility that will service customers 24
hours a day, seven (7) days a week. The 330m2 fast-food tenancy contains 255m2 of dining areas
(180m2 internal and 75m2 external). A waiting bay is proposed adjacent to the exit to the drive-
through facility. The fast-food tenancy is also single storey and has an approximate height of
seven (7) metres.

Vehicles will enter and exit the site via two (2) driveway crossovers on Taylor Court. The southern
driveway is two-way, the northern driveway is exit only.

A total of 36 car parking spaces have been provided including 1 PWD space. Eight additional
spaces are provided at the fuel bowsers. A sealed overflow parking area is provided to the west
of the drive through. The development also includes a service bay which is adjacent to a
combined service and refuse storage area (80m2). The layout has been designed to enable an
articulated vehicle to enter and leave the site in a forward direction.

Waste from all uses will be stored in the combined service and refuse storage area. This storage
area is screened and is appropriately setback from all site boundaries. Waste collection will take
place at the designated service bay. There is sufficient manoeuvring area on site for a waste
collection vehicle to service the waste enclosure.

The proposed development includes a landscape strip adjacent to the Holts Road frontage. This
landscape strip is a minimum width of five (5) metres wide. The landscape strip widens adjacent
to the Holts Road / Taylor Court intersection corner and will graduate the appearance of the
building and hardstand areas as viewed from Holts Road and the Bruce Highway. Further
landscaping, including the provision of street trees to parking areas and landscape strips to all
site boundaries, is provided. The site achieves a total landscape area of 1,780m² (21.5% of total
site area).

The site is connected to all essential urban infrastructure. Stormwater will be managed onsite via
an underground detention tank and a bio-retention basin. Holding tanks, pumps and a booster
are located in the south-western corner of the site.




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Project Urban – 16161                                                                        June 2016



Two (2) pylon signs are proposed to be located along the site’s Holts Road frontage. The
Signage Schedule prepared by Reddog Architects indicates that these signs are 2.2m x 5m (width
x height).

The “S1” pylon sign will contain two (2) internally illuminated sign boxes, one (1) identifying the
name of the fuel tenant and one (1) identifying the name of the fast food tenant.

The “S2” pylon sign will contain one (1) internally illuminated sign box identifying the name of the
fuel tenant. The “S2” pylon sign will also contain internally illuminated fuel price signage.

Building and fuel canopy signage is also identified on the Signage Schedule prepared by Reddog
Architects.




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Project Urban – 16161                                                                             June 2016




6.0 STATE PLANNING INTERESTS
6.1 STATE PLANNING REGULATORY PROVISIONS

State planning regulatory provisions are state planning instruments that regulate development
and can apply to all or part of the state. The following regulatory provisions are in effect:

 State planning regulatory provisions                Comment
 South East Queensland Regional Plan 2009-2031 The site is included with the Urban Footprint.
 State Planning Regulatory Provisions                Assessment against the regulatory provisions is not
                                                     applicable.
 Guragunbah State Planning Regulatory Provision      Not applicable
                                                     The site is not located within the Guragunbah area.
 State Planning Regulatory Provision (adopted The Councils Adopted Infrastructure Charges
 charges)                                            Resolution reflects these provisions and which will
                                                     be applied to the development where applicable.
 Yeerongpilly Transit Oriented Development State Not applicable
 Planning Regulatory Provision 2014                  The site is not located within the Yeerongpilly
                                                     Transit Oriented Development area.
 Off-road motorcycling facility on State-owned land Not applicable
 at Wyaralong                                        The site is not located within the Wyaralong area.
 State Planning Regulatory Provisions (Adult stores) Not applicable
                                                     The proposal does not include an adult store use.
 South East Queensland Koala Conservation State Not applicable
 Planning Regulatory Provisions                      The site is not located within a Priority Koala
                                                     Assessable Development Area or a Koala
                                                     Assessable Development rea.
 Draft Palm Island State Planning Regulatory Not applicable
 Provision 2015                                      The site is not located within the Palm Island area.


6.2 STATE PLANNING POLICY

From a review of the State Planning Policy (SPP) mapping, the following layers are identified as
being applicable:

      Water quality - Water supply buffer area (SEQ);
      Water quality – Climatic Regions – stormwater management design objectives; and
      Natural hazards – Flood Hazard Area - Local Government flood mapping area.

The site is located within the water supply buffer area but is located in an urban area. As such,
the proposed does not trigger the water supply catchment development assessment
requirements of the SPP.

The proposal triggers the receiving waters criteria. Covey Associates’ Stormwater Management
Plan demonstrates compliance with the relevant water quality criteria.

The site is not mapped as being subject to flood hazard in the planning scheme.

The proposal is consistent with the State Planning Policy.


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Project Urban – 16161                                                                   June 2016




6.3 REFERRAL

The proposed development has been assessed against schedule 7 (Referral agencies and their
jurisdictions) of the Sustainable Planning Regulation 2009 (the regulation). No referrals are
required.

6.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS

The State Development Assessment Provisions (SDAP) set out the matters of interest to the state
for development assessment, where the state assessment and referral agency (SARA) is
responsible for assessing or deciding development applications as assessment manager or as a
referral agency. The SDAP is not applied by local government in the assessment of development
applications.

As no referral is triggered by the application the SDAP are not applicable.




Development Assessment Report                                                        Page 14 of 29
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Project Urban – 16161                                                                      June 2016




7.0 PLANNING SCHEME
The site is located within the local government boundaries of the Noosa Shire Council, and is
subject to the provisions outlined in the Noosa Plan. The application has been assessed against
the relevant provisions of the Noosa Plan.

7.1     DEFINITIONS

The proposed development is defined in the Noosa Plan as:

“Retail business – Type 2 Shop & Salon” – The use of premises for an activity that is generally
found in a shopping complex, strip or centre. The use includes a shop, hairdressing salon,
appliance repairs, alterations, dry cleaning and a café with dining facilities for up to 10 people.

”Retail business – Type 5 Vehicle uses” - The use of premises for the retail sale of petrol, diesel
or any derivatives products or the use of premises for the hiring of motor cars, trucks,
motorcycles, mopeds, boats or other registered vehicles. The term includes a service station and a
vehicle hire premises.

“Entertainment and dining business – Type 1 Food & beverages” – The use of premises
involving the sale of food and beverages for consumption on the premises. The use class includes
a function room or restaurant or café with dining facilities for 10 or more people.

Comment:         The proposed development will be established in accordance with the above
definition.

7.2 LEVEL OF ASSESSMENT

The Noosa Plan includes the site in the Cooroy & Lake Macdonald Locality and the Industry Zone.
The site is also identified as being subject to a plan of development. An extract of the zone map
is included in Figure 4.




Figure 4: Zone map extract

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Project Urban – 16161                                                                     June 2016



The zone map refers to schedule 6 of the planning scheme. Schedule 6 identifies the site as
“Holts Road Cooroy” – refer to extract below.




The Noosa Shire Council approved an industrial subdivision at Taylor Court in November 2006,
under application reference 2005/2159.       The Decision Notice also approved a Plan of
Development which set out a number of parameters for future development on the lots within
the subdivision. The referenced Plan of Development is included in Figure 5 and is also attached.
The Plan of Development includes a supplementary table of development which identifies the
proposed land uses as impact assessable and inconsistent. Despite the assessment requirements
embedded in the approved Plan of Development, an impact assessable application is required to
be assessed against the entire planning scheme.




Figure 5: Plan of Development


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Project Urban – 16161                                                            June 2016




The plan of development identifies the following criteria:

Parameter                                       Comment
Building height – 10m                           Complies
Water Quality Treatment                         Complies.    Refer   to the Stormwater
Each allotment to treat stormwater runoff prior Management    Plan    accompanying the
to exiting each allotment to the following application.
standards:
                 Total Nitrogen of 0.3mg/L,
                 Total Phosphorus of 0.03mg/L,
                 pH - 6 - 8,
                 Faecal   Coliforms   -       1000
                  organisms/100mL, and
                 Suspended Solids - 15mg/L for
                  combined wet and dry periods:
                  90%ile < 100mg/L for wet
                  weather periods.

Each allotment shall submit a Stormwater and Complies.       Refer   to the Stormwater
Water Quality Management Plan that shall Management           Plan    accompanying the
comply with and address inter alia, the application.
following issues in relation to the construction,
establishment and operation phases of the
development:
                 All   necessary     erosion   and
                  sediment controls required. The
                  Erosion and Sediment Control
                  Plans shall cover all development
                  on site (during the construction,
                  establishment and operational
                  phases), ecological restoration
                  and remediation works.
                 All     necessary     stormwater
                  treatment and water quality
                  devices associated with the
                  development shall be located
                  within the approved boundaries
                  of the lots and each development
                  precinct.
                 Details of proposed locations and
                  dimensions       of     stormwater
                  treatment systems possible to
                  achieve     the     water   quality
                  objectives listed above.
                 Details of stormwater reuse
                  strategies and detention devices
                  to ensure the hydrologic regime is
                  not altered from the current state.
                 Details of proposed management

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Project Urban – 16161                                                                     June 2016



                  techniques to mitigate impacts
                  from     potential   uncontrolled
                  releases from the industrial uses
                  and the sewerage pump station.
                  Control    measures     shall  be
                  designed to prevent contaminants
                  such as heavy metals/toxic
                  chemicals leaving the site. These
                  measures shall be located outside
                  the vegetated buffer area.
                 Details   of     monitoring and
                  reporting requirements to ensure
                  achievement of the listed water
                  quality objectives.
The stormwater discharge from each lot site
shall be designed such that there is no net
increase in the rate of discharge as a result of
the development for storm events up to 100
year ARI.
Acoustic Treatments                                    The Noise Impact Assessment prepared by
An Acoustic Report by an acoustic consultant to        David Moore & Associates confirms that an
be submitted with each application to Council          appropriate noise environment will be
demonstrating that noise will not exceed the           achieved.
following levels-




This report shall identify measures to mitigate
the potential noise impacts and meet the
respective levels identified and include:
                 Buildings to be located adjacent
                  the    western     or    southern
                  boundaries of lots (outside the
                  vegetated buffers), with building
                  to screen the noisier activities,
                  such as loading docks, open yards
                  and other external activities from
                  residents.
                 For lots 1 and 2 continuous plant
                  such as air conditioning and
                  refrigeration plant shall not be
                  mounted on the building roof and
                  located in a manner that provides
                  acoustic shielding from the
                  nearest residences to the west.
Landscaping                                   The proposed development includes a five (5)
Landscaping shall be undertaken in accordance metre wide minimum landscape strip adjacent

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Project Urban – 16161                                                                    June 2016




with Council’s Landscaping Code nominated in to the Holts Road frontage. The landscape
The Noosa Plan 2006 (refer typical section of strip widens adjacent to the Holts Road /
10m buffer inset).                              Taylor Court intersection corner and will
                                                graduate the appearance of the building and
A 10 metre wide landscaping strip shall be hardstand areas as viewed from the Bruce
provided on Allotments 1, 3 and 6 for the full Highway.      The landscaping areas that are
extent of the Holts Road frontage.              proposed to the Holts Road frontage are
                                                considered to be appropriate having regard to
All mature native vegetation within the parking the reasonable commercial and promotional
areas and outside the area subject to needs of the uses proposed.
remediation, drainage or earthworks as a result
of this application shall be preserved.         Further landscaping including the provision of
                                                street trees to parking areas and landscape
                                                strips to all site boundaries has also been
                                                provided. The site achieves a total landscaped
                                                area of 1,780m² (21.5% of total site area).

Water Supply Requirements                         Holding tanks, pumps and a booster are
In addition to achieving connection to Council’s located in the south-western corner of the site
reticulated water supply each allotment shall be to provide adequate fire-fighting capacity.
serviced by its own water storage and booster
pump for fire-fighting as well as providing a
water supply for non-potable purposes. The
storage shall be replenished by a combination
of rainwater collection from the roof areas and
regulated trickle flow from Council’s reticulated
supply.


7.3 DESIRED ENVIRONMENTAL OUTCOMES

The Desired Environmental Outcomes (“DEOs”) are statements of broad policy at a shire-wide
level, and form the foundation from which other provisions of the Noosa Plan are developed.
Part 3 of the Noosa Plan contains 12 DEOs, each relating to a specific policy.

The Commercial & Retail Uses DEO is considered to be of most relevance to the proposed
development. This DEO is set out as follows:

         A hierarchy of centres with a range of Commercial and Retail business uses provide
         suitable levels of amenity, service and access to the community, consistent with the
         community’s location and needs and is based on—

         i.   a proportion of Noosa’s higher order needs fulfilled by centres in other areas,
              particularly the key regional centre of Maroochydore;

         ii. the Shire Business Centre, a Major Activity Centre for the purposes of the SEQ
             Regional Plan and the highest order centre within the former Noosa Shire, developed
             in stages consistent with the needs of the population of the former Noosa Shire and
             areas to the immediate south;
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         iii. protecting the long term viability of the Shire Business Centre as the principle
              business, retail and administrative centre;

         iv. recognising that it may be necessary to increase floor space in existing centres to
             meet changing needs, provided any increased floor space does not impact on the
             successful operation and development of the Shire Business Centre;

         v. business centres at Cooroy, Noosa Junction, Noosaville and Tewantin;

         vi. neighbourhood or visitor centres at Peregian Beach, Sunrise Beach, Sunshine Beach,
             Noosa Heads, Noosaville, Tewantin, Cooroibah and Teewah;

         vii. the town of Pomona and the village centres of Kin Kin, Boreen Point and Cooran;

         viii. Uses that comprise a large component of Commercial and Retail business uses or
               other non-industrial uses are not located on land that is otherwise intended for
               Industrial business uses;

         ix. Home-based business uses that contribute to the economy of Noosa, but do not
             reduce surrounding residential amenity or environmental values; and

         x. energy efficiency and water conservation principles.

Comment: The foundation of this DEO is the hierarchy of centres which identifies a tiered
network of centres, each with a described function and preferred scales and types of retail and
commercial uses. The centres within the hierarchy are identified on the Planning Scheme Strategy
Map and range from the Shire Business Centre at Noosaville through to small village centres.
Given that the development includes “retail” elements and the site is located outside of a centre it
is necessary to demonstrate that the proposed retail elements will not impact on the hierarchy.

Service stations and shops are identified as retail uses in the Noosa Plan. The planning scheme
does identify service stations as being appropriate uses for certain zones outside of the centres
hierarchy. As an example, Cooroy contains industry zoned land that is outside of the plan of
development where service stations are identified as consistent uses. The Noosa Plan does not
therefore confine service stations to sites that are within designated centres. Any potential
conflict with the hierarchy of centres and this DEO must be viewed in this context.

The proposal also does not include a “large component” of retail uses (as described in Item viii of
this DEO). The Retail Business Type 2 – Shop & Salon use is associated with the service station
component and is not considered significant in the context of the DEO. Whilst the planning
scheme considers this component to comprise its own specific use, it should be noted that the
operation, use and function of this part of the building will be primarily related to the service
station. The sale of retail goods is considered to be complimentary to and typical of a modern
service station.

Additionally, the proposal will comprise an Entertainment and Dining Business Type 1 – Food &
Beverages, which is anticipated to be a fast food tenancy. This use comprises a total GFA of
330m2 which is not considered significant in the context of the DEO.


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The Industrial Business Uses DEO is considered to be of relevance to the proposed
development. This DEO is set out as follows:

         Industrial uses and extractive and mining uses—
         i. provides suitable levels of service and employment to the community;
         ii. promotes the sale of local products;
         iii. is predominantly low key, clean and service-orientated;
         iv. is underpinned by environmentally sustainable development practices that avoid
               adverse impacts on immediate or surrounding settlements or ecosystems;
         v. develops and operates in a sustainable manner, including prudent use of non-
               renewable resources;
         vi. results in a proportion of Noosa’s higher order needs being fulfilled by facilities
               located in other areas, particularly the key regional centre of Maroochydore;
         vii. protects industrial areas, valuable extractive and mineral resources and associated
               heavy vehicle haul routes, particularly from the encroachment of incompatible
               development, for the ongoing benefit of the community; and
         viii. utilises water and energy efficient practices.

Comment: This DEO is only relevant to the extent that the land is zoned Industry and there may
be perceived concerns with the protection of industrial land for industrial uses and other
compatible uses.

The level of conflict really distils down to the preferred land uses in the plan of development. All
proposed uses are identified as inconsistent uses in the plan of development for the site.
Sufficient grounds to gain approval to justify the development’s conflicts with relevant planning
instruments are provided in Section 2.0 of this report.

For the reasons above, it is our view that the proposal does not impact on the hierarchy of
centres or industrial areas and furthermore, it is consistent with the Noosa Plan’s DEOs.

7.4 OVERLAYS

The site is mapped as being within the Lake Macdonald Water Supply Catchment and being
within a Resource Separation Area on the Natural Resources Overlay Map. The proposal is
considered to comply with the Natural Resources Overlay Code in the following ways:

        The development will not adversely affect the ongoing use of extractive or mining
         industries and will not constrain the transportation of such materials;
        The development will not adversely impact on the Lake Macdonald water supply. The site
         is a committed urban development site that is located above 98.5m AHD and is connected
         to sewer. Appropriate stormwater quality and erosion and sediment control measures will
         be incorporated into the development.

7.5 COOROY & LAKE MACDONALD LOCALITY PLAN – OVERALL OUTCOMES

The subject site is located within the Cooroy & Lake Macdonald Locality and forms part of the
Industry Zone. The overall outcomes sought for the Cooroy & Lake Macdonald Locality are set
out in section 6.8.2 of the planning scheme and are as follows:



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The overall outcomes sought for the Cooroy & Lake Macdonald Locality are the following—

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;
b) The Cooroy and Lake Macdonald Locality supports a growing urban and rural settlement of
permanent residents;
c) Development is consistent with the Priority Infrastructure Plan in Part 15.
d) Cooroy retains its role as the major business centre for Noosa’s hinterland area;
e) The relaxed country town atmosphere of Cooroy is protected for the enjoyment of future
generations;
f) The urban community is predominantly accommodated in detached housing, although areas
close to Cooroy centre support semi-attached and attached residential development and other
properties in Cooroy township containing aged-care housing;
g) The traditional built form of Cooroy is retained and new development complements traditional
streetscape and building forms;
h) Outside the town of Cooroy, development is characterised by—
         i      conservation of good quality agricultural land for agricultural purposes;
         ii     conservation of open space for biodiversity and water quality purposes; and
         iii    rural settlement at varying densities consistent with the available levels of
                convenience and accessibility, environmental constraints and proximity to the Lake
                Macdonald water supply catchment;
i) Economic activities are focused on—
         i      Cooroy’s role as the principal business and service centre for the hinterland;
         ii     Cooroy’s industrial estate;
         iii    technology based businesses reliant on broadband communication;
         iv     timber industry initiatives and product manufacturing at the Nandroya Mill site;
         v      Cooroy’s support role in the locality for surrounding agricultural activities;
         vi     extractive and mineral resources;
         vii    facilitating artistic and cultural business enterprises; and
         viii   agricultural industries and associated rural enterprises;
j) Business opportunities in Cooroy are enhanced by its access to the Bruce Highway and the
North Coast Rail line;
k) The town of Cooroy provides a range of community services, schools, medical facilities,
sporting and recreational facilities, which service the hinterland and beyond;
l) New areas of urban and rural settlement development are precluded from the part of the
locality within the catchment area of Lake Macdonald where the dominant goal is the protection
of water quality within the primary water supply source;
m) The Bruce Highway, Elm Street, Cooroy-Noosa Road, Eumundi Road, parts of Myall Street
and Diamond Street, Cooroy-Belli Road, Maple Street, Mary River Road, Lake Macdonald Drive
and Sunrise Road are protected as parts of the Noosa’s major road network;
n) A public transport node is located within Cooroy and links public transport services to other
centres in Noosa, including railway stations;
o) The vistas offered from the major road corridors are protected and add to the attraction
of the locality for visitors and residents;
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p) Environmental and aesthetic values associated with the hillslopes, including iconic mountains
and the watercourses of Lake Macdonald, Ringtail, Six Mile and Cooroy Creeks, are protected;
q) Water quality standards in the watercourses of this locality are maintained or improved
through land management practices;
r) Open space networks across the locality are protected and enhanced including—
        i      Mt Cooroy Conservation Park;
        ii     parts of Tewantin and Ringtail State Forests;
        iii    the riparian corridors of Six Mile and Ringtail Creeks and their tributaries; and
        iv     the vegetated ranges of the sub-coastal escarpments in the north, south and east
               of the locality;
s) Areas of native remnant or regrowth vegetation, including their biodiversity and habitat values
are protected;
…..
y) For the Industry Zone—land in this zone—
        i      accommodates the principal industrial centre of the hinterland including
               businesses associated with manufacturing, production, storage, repairs and the like
               to the exclusion of inconsistent uses such as residential or community uses;
        ii     as good access to the major road network including the Bruce Highway; and
        iii    accommodates uses and works that are designed and managed to contribute
               positively to the character of the locality without adverse impacts on the
               environment including excessive noise, odour, dust and other waste;

Comment: The proposal is consistent with the Overall Outcomes for the locality in the following
ways:

        The proposed uses and works are compatible with envisaged development within the
         industrial estate;
        The site is well separated from residential uses, with the nearest house being located
         approximately 330m to the east. Noise, lighting and odour impacts associated with the
         uses can be adequately managed to avoid significant adverse impacts on the amenity of
         the nearest residences;
        The site does not contain environmentally sensitive areas;
        The proposal contributes towards Cooroy retaining its role as a major business centre;
        The proposal is located on a site in Cooroy’s industrial estate where economic activities
         are to be focused;
        Access to the site from the Bruce Highway has been improved as part of the Bruce
         Highway (Cooroy to Curra) upgrade;
        Water quality standards are maintained;
        The development is likely to act as a catalyst for the development of the remainder of the
         Nandroya industrial estate which has lain vacant since the estate was developed.

7.6 COOROY & LAKE MACDONALD LOCALITY PLAN – SPECIFIC OUTCOMES

An assessment has been undertaken against the specific outcomes of the Cooroy & Lake
Macdonald Locality Plan. The following points are noted from this assessment:

        The function and visual amenity of the Bruce Highway is not considered to be adversely
         affected by the proposed development. The proposal plans demonstrate that through the
         incorporation of design features (e.g. articulation and high levels of glazing), siting

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         considerations and landscape elements that the proposal will positively contribute to the
         streetscape and wider scenic amenity. The proposal has been designed and sited to
         maximise the functionality of the site while also including design elements and siting
         considerations that are sympathetic and responsive to the site’s prominent location;
        The scale of the built form proposed is appropriate;
        The building heights proposed comply with the preferred building height for the
         industrial zone of 10 metres;
        The building setbacks comply with the minimum setbacks identified in Schedule 1 of the
         planning scheme;
        The proposed roof forms will contribute positively to the skyline;
        The development will not adversely impact on the Lake Macdonald water supply.

An assessment has been undertaken against the specific outcomes for the Industry Zone of the
Cooroy & Lake Macdonald Locality Plan. The following points are noted from this assessment:

        Consistent and inconsistent uses in the Industry Zone are overridden by the approved
         plan of development though it is noted that the Retail Business Type 5 use is identified as
         a consistent use in the Industry Zone;
        External storage areas and plant will be screened from surrounding roads;
        Required water tanks and pumps are located within 2m of the side boundaries and are
         considered to be appropriate given that adjacent land is also industrial;
        Appropriate visual interest is provided in the built form design.

The proposal is considered to comply with the Specific Outcomes of the Cooroy & Lake
Macdonald Locality Code.

7.7 PLANNING SCHEME CODES

This section of the report summarises any issues encountered during an assessment of the
proposed development against each of the following codes:

7.7.1 Business Uses Code
The proposal generally complies with the applicable provisions of this code.

7.7.2 Landscaping Code
The architectural plans illustrate that the proposal generally complies with the applicable
provisions of this code. 21.5% of the site is proposed to be landscaped, which is considered to be
significant in terms of enhancing the visual amenity of the site and the surrounding locality. The
landscaping proposed will appropriately soften the building and hardstand areas and screen
loading/servicing areas.

7.7.3 Works Codes
An assessment against these codes finds that the proposal generally complies with the Probable
solutions of these codes.

7.7.3.1 Driveways and Carparking Code
A Traffic Engineering Report has been prepared by TTM Consulting and confirms that the
proposal is generally compliant with the relevant provisions of the Driveways and Carparking
Code.

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7.7.3.2 Earthworks Code
Covey Associates have considered the likely earthworks requirements of the proposal and do not
consider the earthworks that are required to be significant.

7.7.3.3 Erosion and Sediment Control Code
Standard erosion and sediment control measures will be incorporated into the construction stage
of the development. These measures will be detailed in a future operational works application.

7.7.3.4 Existing Services Code
The existing sewer in the south-west corner of the site will be protected. The Engineering
Services Report prepared by Covey Associates confirms that the proposal is generally compliant
with the relevant provisions of the Existing Services Code.

7.7.3.5 Transport, Roads and Drainage Code
The Traffic Engineering Report confirms that the proposal is generally compliant with the
transport and road requirements of this code. The Stormwater Management Plan prepared by
Covey Associates addresses the drainage requirements of this code.

7.7.3.6 Waste Management Code
Appropriate waste storage and collection areas are provided in the service area shown on the
architectural plans. The Traffic Engineering Report confirms that these storage areas can be
adequately serviced by the relevant waste collection vehicle.

7.7.3.7 Water Sensitive Design Code
The Stormwater Management Plan demonstrates compliance with the Water Sensitive Design
Code.

7.7.3.8 Water Supply and Sewerage Reticulation Code
The Engineering Services Report confirms that the proposal is generally compliant with the
relevant provisions of the Water Supply and Sewerage Reticulation Code.

7.7.4 Advertising Devices Code
The total combined sign face areas of all signs and pylon signs do exceed the preferred sign face
areas of the code. The subject site is located in an industrial estate and on a prominent site. The
Bruce Highway is a motorway that carries significant traffic in and out of the region. The proposed
signage is considered to be reasonable given the site’s zoning and location and taking into
account the reasonable commercial and promotional needs of the uses.




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8.0 ROADSIDE ADVERTISING GUIDE
In addition to the signage requirements of the Noosa Plan 2006, advertising devices that are
visible from a state controlled road are required to comply with the Department of Transport and
Main Roads’ (DTMR) Roadside Advertising Guide. The guidelines distinguishes between signs
that are within the boundaries of state controlled roads and those signs that are outside the
boundaries of, but visible from, state controlled roads.

The proposed signs are defined in the Roadside Advertising Guide as “on premise signs”. All
proposed signs are considered to comply with the definition of “On Premises Business
Identification Signs” defined as:

         Are all the signs that are used to identify the business or businesses located at that site.

The proposed signs do not include additional information that would result in the signs being
categorised as “On Premises Advertising Devices”. With respect to fuel price signage, the DTMR
has confirmed that this particular aspect is not considered to be advertising.

As all proposed signs are defined as “on premise signs” the Roadside Advertising Guide’s
restriction distance requirements do not apply and the proposed signs are considered to comply
with the relevant requirements of the Roadside Advertising Guide.




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9.0 CONCLUSION
This Development Assessment Report has been prepared on behalf of Hass Holdings ATF The
Quasar Trust to support a Development Application for a Development Permit for a Material
Change of Use for the following uses:

        Retail Business Type 2 Shop & Salon
        Retail Business Type 5 Vehicle Uses
        Entertainment and Dining Business Type 1 Food & Beverage.

A Development Permit for Operational Works for Advertising Devices is also sought.

The land that is subject to the application is described as 6 Taylor Court, Cooroy and is legally
described as Lot 3 on SP197517. The Noosa Plan includes the site in the Cooroy & Lake
Macdonald Locality and the Industry Zone. The site is further regulated by a Plan of
Development.

The proposed uses (Retail Types 2 & 5 and Entertainment and Dining Business Type 1) require
impact assessment and are identified as inconsistent uses in the Supplementary Table of
Development Assessment. Sufficient grounds to gain approval to justify the development’s
conflicts with the plan of development are set out below:

        There is a recognised need for a service station that services a highway catchment in this
         location. The nearest service stations that are adjacent to the Bruce Highway are
         approximately 30 kilometres to the north and south of the subject site. The site is
         elevated above, and is clearly visible from, the Bruce Highway. While not a highway
         service centre, the proposed service station and other uses are orientated towards and are
         clearly visible from the Bruce Highway and will service highway needs.

        The plan of development for the estate is now 10 years old and the industrial estate
         remains vacant (except for temporary uses). The plan of development is arguably out of
         date given the age of the approval and the slow take up of sites.

        Even if Council considers the plan of development to remain relevant, the proposal
         occupies one (1) lot in this estate. The 0.8 hectare site equates to approximately 12% of
         the available developable area in the Nandroya industrial estate (total - 6.5 hectares). The
         plan of development’s intent for the estate (which has not been acted on in 10 years) can
         still be achieved given that 88% of the Nandroya industrial estate would remain available
         for land uses that are envisaged by the plan of development.

        The underlying zoning of the site is Industry. The Noosa Plan identifies the Retail Business
         Type 5 Vehicle Use (e.g. a service station) as being a consistent use in the Industry zone in
         numerous localities across the Shire, including in other industrial zoned sites in the Cooroy
         & Lake Macdonald locality.

        The proposal is likely to act as a catalyst for the development of other sites in the
         Nandroya industrial estate which has lain vacant since the estate was developed. This is a
         significant community benefit.

        Access to and the visibility of the site from the Bruce Highway has been improved as part
         of the Bruce Highway (Cooroy to Curra) upgrade.

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        Proposed advertising signage is consistent with the requirements of the Department of
         Transport and Main Roads’ Roadside Advertising Guideline.

        The Retail Business Type 2 – Shop & Salon use is associated with the service station
         component. Whilst Council considers this component to comprise its own specific use, it
         should be noted that the operation, use and function of this part of the building will be
         primarily related to the service station. The sale of retail goods is considered to be
         complimentary to and typical of a modern service station.

        Fast food drive-through facilities and shops are typical components of such service
         stations and will address the needs of highway travellers.

        The site is adjacent to the Bruce Highway and otherwise adjoins Industry zoned land. The
         site is well separated from residential uses, with the nearest house being located
         approximately 330m to the east.

        The site is within the Lake Macdonald water supply catchment but is on land that is
         already committed for urban development purposes.

        The site is already serviced by all typical urban infrastructure including sewer and
         reticulated water.

        The proposal satisfies all higher order provisions of the planning scheme.

Approval of the proposed development is warranted




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Page 29

  

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