Minor Change Council Report MCU19 0089.02

MCU19/0089.02 & OPW19/0160.02 – minor change to development approval for RETAIL BUSINESS TYPE 5 VEHICLE USES, RETAIL BUSINESS TYPE 2 SHOP and OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY STREET NOOSAVILLE
Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU19/0089.02

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Application No.	MCU19/0089.02 and OPW19/0160.02
Development Approval	Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage
Applicant	Paul Wessel Pty Ltd Tte and Pka Group P/L
Request Received On	17 January 2022
PROPERTY DETAILS
Property Address	52-54 Mary St Noosaville Qld 4566
RP Description	Lot 21 SP 322770
Land Area	2486m2
Existing Use of Land	Service Station
STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville
Zone	District Centre
Overlays	Land Subject to Acid Sulphate Soils Overlay – 5m AHD or below Flood Hazard Overlay – Flooding and Inundation Extent
Assessment Type	Minor Change to Development Approval
EXECUTIVE SUMMARY
The applicant seeks approval to change to an existing development approval to change the permitted opening hours of the service station from 5am to 4am and permit illumination of the BP Helios signs on the awning facia sign.  Both requests, for earlier trading and additional illumination signage raise concerns regarding additional impacts on amenity and are not supported by the relevant provisions of the Noosa Plan 2020 and the Local Laws. Therefore, the application is recommended for refusal.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 March 2022 regarding MCU19/0089.02 and OPW19/0160.02 to make a minor change to an existing approval for Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage situated at 52-54 Mary St Noosaville and:
A.	Refuse the change for the following reasons:
The proposed change does not constitute a minor change to the development approval as the change in hours will increase the severity of known amenity impacts and likely attract further submissions objecting to the change were the application to be publicly notified given the site’s proximity to residential properties.
The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and Performance Outcome PO11 & PO24 of the Business Activities Code as the proposed hours will adversely impact on nearby resident’s amenity.
The proposed trading hours do not comply with Overall Outcome 2(m) and Performance Outcome PO42 of the District Centre Zone Code as the proposed change in hours will impact the amenity of nearby residential premises as nearby residents would not reasonably expect the service to be operational at this time.
The proposed illuminated signage does not comply with Specific Outcome AO7 and Overall Outcome O7 of the Advertising Devices Code within the Noosa Plan 2006 as it proposes more than one illuminated sign and is not compatible with the visual amenity of the surrounding area.
The proposed additional illuminated signage is not consistent with provisions of the Local Law signage requirements as the proposal exceeds the maximum number of signs permitted to be illuminated and is prohibited by the Local Law.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change an existing development approval to:
change the permitted operating hours from a 5am opening to 4am opening; and
include illumination of the small BP Helios signs on the awning facia sign.
background
A development approval for a Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage was issued on 19 December 2019. The subject site is detailed in Figure 1 below:

Figure 1: Locality Plan
assessment
Instruments for Statutory Assessment
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to not constitute a minor change on the grounds that it would result in a substantially different development as it increases the severity of known impacts to residential properties within proximity of the site and these residents would likely object to the change were they provided the opportunity.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and falls within the District Centre Zone. The original development application was assessable against the whole planning scheme as an impact assessable use. The applicant’s request for a minor change is assessed against the relevant provisions of the planning scheme as follows:
Condition 5
5.	The approved use must not operate outside the hours of 5am to 10pm.
Applicant’s Request
The applicant requests that the commencement time be changed to 4am. The applicant states that there is significant demand for fuel, bait and other supplies associated with locals on their way to go boating and fishing at this time. The applicant provided an addendum to the acoustic report submitted with the original application to support their requested change which includes:
“the noise control recommendations of the approved noise report, including acoustic barriers, would not have changed if trading from 4am were to have been originally proposed”
The applicant advises no changes to condition 7 limiting the hours of service vehicle movements is required and has provided the following additional statements:
“In summary—
Between 5:00 am and 6:00 am—the service station has an average of 20 transactions each day;
Between 11:00 am and 12 Noon, then again between 3:00 pm and 4:00 pm, are the busiest periods, averaging 70 transactions per hour.
We therefore ask that Council have regard to the following matters—
It would be reasonable to assume that the hour from 4:00 am to 5:00 am would be no busier than the 20 transactions in the 5 til 6 am period.
20 transactions in the first hour is sufficiently meaningful to the trading of BP Noosaville—together with the operator’s experience with people arriving at the service station and seeking service before opening hours, it also illustrates that there is a community need that the extended trading would satisfy.
The site is located such that traffic generated by the use is most likely already travelling on Mary Street or Weyba Road. It is not a use on a site that would attract non-residential traffic into a residential street.
Assuming that 20 transactions equates to 20 trips, such traffic levels are unlikely to be noticeable or distinguishable from traffic already on the road network.
The service station incorporates noise barriers 1.8 metres and 3.0 metres high along both side boundaries. The effect of these is that activity on the site is not visually or acoustically noticeable. The report by the acoustic consultant confirms the effectiveness of the barriers in achieving the relevant acoustic quality objectives.
We are not aware of any noise complaints associated with the operation of the use.”
Assessment of Request
The noise report to support the development operations was prepared and submitted with the original application and is based on projected modelling and recommended mitigation measures.  At the time of the original application, being decided Council allowed the operator to continue operating from 5am as this was consistent with the operations of the existing service station at the time.
The submitted advice prepared by MWA is based on the projected forecasting and modelling which formed part of the original acoustic report. No acoustic readings have been submitted to demonstrate the actual extent of any existing operations and thereby quantified any potential additional impacts on adjoining neighbours.
Taking this into account, it is considered that extending the operating hours and allowing for additional noise sources (i.e. customers) to site at 4am, which is historically a quieter period of the morning, has potential to increase the duration of impacts on adjoining residence and therefore the proposal does not comply with PO11 of the Business Activities Code (detailed below). It is reasonable to assume that the proposed change in hours of the service station would attract some additional traffic to the area that might otherwise travel a different route to boating ramps etc. or currently seek fuel elsewhere.

This code requires business activities to either avoid or minimise early morning noise nuisances to sensitive land uses. By allowing an earlier trade period in the morning, the application seeks to increase the duration of possible noise nuisances and therefore is considered contrary to the aim/s of the PO, as it is not minimising or avoiding potential noise nuisances.
Furthermore, PO24 of the Business Activities code (detailed below) requires Service Stations to maintain and protect the amenity of neighbouring residential areas.

By increasing the operating hours to 4am, the service station is not maintaining the quieter period of the early morning which the surrounding neighbours have historically benefited.
It is noted that corresponding acceptable outcomes for both PO24 and P011 allow for business operations to commence at 7am. The service station is already operating outside the planning schemes accepted timeframe with a 5am start despite being within largely a residential neighbourhood. The extension of operating hours to 4am has the potential to have additional impacts (in terms of the duration of noise impacts) on adjoining sensitive land uses, therefore it is considered that the proposal does not comply with PO11 or PO24 of the Business Activities Code and the request to extend operating hours to 4am is unable to be supported.

Condition 103
103.	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-7000	4	Signage plan, prepared by Alleanza Architecture	12.07.2019
Applicant’s Request
The applicant states the following in support of their request:
“Our clients would like to change the signage elevations (Plan A-7001) with issue number 7, as per the attached V Architecture drawing. There is very little difference between the two drawing except that the small BP Helios signs would be illuminated. The helios logos sit within the green LED strip lighting. If it were not for the helios logos the green LED lighting would have been continuous. Given that, there is effectively no additional illuminated area. The total area of the illuminated helios signs would be 1.84 m2 (four helios signs, each 0.46 m2).”
Assessment of Request
The applicant seeks approval for the illumination of the 4 small BP Helios signs (totalling 1.84m2 of illumination) that are located within the LED Strip lighting on the canopy façade.
An elevation of the proposed signage on site is provided in figure 2 below:

Figure 2 - Elevations of proposed onsite signage
The existing approval permits the illumination of one sign, the pylon sign is currently illuminated.
An LED strip is also illuminated on the canopy façade, with the LED strip on the canopy not previously regulated by the Noosa Plan 2006 signage requirements.
Since the time of the original approval a Local Law has been introduced which now regulates advertising devices. Both the LED strip and pylon sign are included as illuminated signage under the Local Law.
In regards illuminated signage the Local Law permits:
8 b)
ii) the number of illuminated signs displayed on a premises must not exceed a maximum of –
1 illuminated sign per tenancy; or
If the premise are located on a street corner- 1 illuminated sign per street front boundary per tenancy
In this instance, as the site is located on a street corner, the existing 2 illuminated signs comply with the Local Law. Additional illuminated signage is not consistent with the current signage outcomes sought for the Shire and is prohibited. The proposed additional illuminated signage does not comply with the existing approval or the Local Law.

cONSULTATION
Other Referrals
The application was forwarded to the following internal Council specialists:
Environmental Health provided the following comments:
“Environmental Health does not support a 4am operating start time as there are multiple residences within 150m of the site and it is highly likely this proposal will adversely impact those residents posing a nuisance at an unreasonable hour. Although noise mitigation measures are to be implemented, Environmental Health does not deem it appropriate to move further away from the 7am start time noted in the planning scheme code referenced below, or extend the hours of operation from the previous operating hours operating at the site.”
Local Laws Officer provided the following comments:
In relation to a new application from BP for signage please see below:
Any new signage application will be assessed against the current signage requirements in the Local Law.
In regards to illuminated signage – the current Local Law allows for 1 illuminate sign per street frontage. The inclusion and addition of illuminated helios signs and the stripe would not be allowed as this would exceed the allowable total of 1 per street frontage.
The Local Law prohibits more than 1 illuminated sign per street frontage.
conclusion & reasons for decision
The proposed requests for earlier trading hours and additional illumination signage raises concerns regarding potential impacts on amenity and do not comply with the relevant provisions of the Noosa Plan 2020 / Local Laws. Therefore, the application is recommended for refusal.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 MARCH 2022

[Attachment: image2.png (image text)]
 

 

Hours of Operation
Pon

Business activities are operated in a manner that avoids or minimises evening,
[early morning or weekend noise nuisances to sensitive land uses, particularly
[surrounding residential uses.

 

Aon.
The use or activity does not operate outside the hours of 7:00am to 9:00pm, seven
days a week, where the site directly adjoins land in the following zones:

(@) All residential zones, except for the Tourist accommodation zone
(b) Major centre zone — High density residential precinct; or
(©) Rural residential zone,

 

Aon.2
[Were the site is not specified above in AO11.1 the use does not

operate outside the hours of 6:00am to 10:00pm, seven days a week, except that a
business use such as a food and drink outlet, may operate until 12:00 midnight on.
a Friday and Saturday

 

 

 


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