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2018-05-08 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 8 May 2018
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Full text of sections 2 to 92 (of 125)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 MCU17/0572 - DEVELOPMENT APPLICATION FOR A MCU FOR RETAIL
BUSINESS TYPE 2 (SHOP & SALON) & RETAIL BUSINESS TYPE 5 - VEHICLE
USES (SERVICE STATION) & OPW17/0611 DEVELOP. PERMIT FOR
OPERATIONAL WORKS (ADVERTISING DEVICES) AT 175 EUMUNDI NOOSA
RD, NOOSAVILLE 3
2 MCU17/0546 - APPLICATION FOR MATERIAL CHANGE OF USE - HOME BASED
BUSINESS - TYPE 3 SIGNIFICANT SCALE SITUATED AT 54 BORONIA ROAD,
COOTHARABA 41
3 132002.220285.5 - OTHER CHANGE TO DEVELOPMENT APPROVAL FOR
SHIRE BUSINESS CENTRE - STAGE 1 TO PERMIT INDUSTRIAL BUSINESS
TYPE 2 PRODUCTION, ALTERATION, REPACKAGING & REPAIRING (CAR
WASH) AT 28 EENIE CREEK ROAD, NOOSAVILLE 55
4 MCU12/0012.02 - CHANGE TO THE DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE (HOME BASED BUSINESS - TYPE 3 -
SIGNIFICANT SCALE) SITUATED AT 298 TABLELANDS ROAD, COORAN 69
5 MCU16/0143.01 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
MULTIPLE HOUSING TYPE 4 - CONVENTIONAL AT 12 AND 14 SERENITY
CLOSE, NOOSA HEADS 74
6 MCU16/0130 - REQUEST FOR NEGOTIATED DECISION NOTICE FOR
MATERIAL CHANGE OF USE FOR RETAIL BUSINESS TYPE 6 - HARDWARE
AND RETAIL BUSINESS TYPE 7 - GARDEN CENTRE AT 101 EUMUNDI NOOSA
ROAD, NOOSAVILLE 107
REPORTS FOR NOTING BY THE COMMITTEE 117
7 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE -
3RD QUARTER 2017-18 117
CLOSED SESSION -
Page 2 of 125
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU17/0572 - DEVELOPMENT APPLICATION FOR A MCU FOR RETAIL BUSINESS
TYPE 2 (SHOP & SALON) & RETAIL BUSINESS TYPE 5 - VEHICLE USES (SERVICE
STATION) & OPW17/0611 DEVELOP. PERMIT FOR OPERATIONAL WORKS
(ADVERTISING DEVICES) AT 175 EUMUNDI NOOSA RD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU17/0572 and OPW17/0611
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant NKS Corporation Pty Ltd
Proposal Material Change of Use - Retail Business - Type 2 (Shop & Salon) and
Retail Business - Type 5 (Vehicle Uses)
Operational Works (Advertising Devices)
Properly Made Date 15 December 2017
Information Request Date 22 January 2018
Information Response Date 9 February 2018
Decision Due Date 18 April 2018
Number of Submissions 15 properly made
1 not properly made
PROPERTY DETAILS
Property Address 175 Eumundi Noosa Rd Noosaville Qld 4566
RP Description Lot 1 RP 131576
Land Area 1973m²
Existing Use of Land Retail premises – fresh produce sales, hair salon and surfboard repairs
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry Zone
Overlays Natural Hazard Overlay: Acid Sulfate Soils
Assessment Type Impact
Page 3 of 125
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0572 for a
Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail
Business - Type 5 Vehicle Uses and OPW17/0611 for a Development Permit for Operational
Works – Advertising Devices situated at 175 Eumundi Noosa Rd, Noosaville and:
A. 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
10615_DA02 13 Site Plan, prepared by nettletontribe 16.04.2018
10615_DA03 5 Service Station Plan, prepared by nettletontribe 06.04.2018
10615_DA12 4 Roof Plan and Canopy Signage, prepared by 06.04.2018
nettletontribe
10615_DA21 7 External Elevations - Sheet 1 prepared by 11.04.2018
nettletontribe
10615_DA22 7 External Elevations - Sheet 1 prepared by 11.04.2018
nettletontribe
10615_DA23 4 Streetscape Elevations prepared by 11.04.2018
nettletontribe
10615_DA40 2 Pylon Sign prepared by nettletontribe 09.02.2018
DA_01 E Arborist Brief, prepared by Treesafe Australia April 2018
Pty Ltd
ED 17230 F Concept landscape plan MCU Application by November 2017
element design
Nature and Extent of Approved Use
3. The approved Gross Floor Area of the Convenience Shop is 123m².
4. No more than 10 seats may be provided to the Retail Business - Type 2 Shop &
Salon.
Performance Bond
5. 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 for any
civil works (or landscaping). The cash bond or trading bank guarantee will be
returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right
to call upon the bond or guaranteed sum to effect compliance with conditions.
Page 4 of 125
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
External Works
6. Eumundi Noosa Road must be upgraded for the length of its frontage to the subject
site. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. A realignment of the kerb line and construction of the bus stop generally in
accordance with Figure 1 prepared by MRCagney dated 12th April 2018
b. widening and sealing of the existing road pavement to the new kerb alignment
c. any line marking associated with the new alignment and the bus stop
d. the bus shelter and associated infrastructure constructed as per Coastal Bus
Shelter Design by Majstorovic Architecture 05/11/15 Rev B: Shelter C2
e. the realignment of the existing footpath. The width of the new section of path
must be the same width as the existing path.
f. The relocation of any existing street lighting and existing services. All works to
existing third party services must be in accordance with the requirements of the
relevant service provider.
This condition is imposed pursuant to s646 of the Planning Act 2016 as the bus stop
is necessary trunk infrastructure identified by Council’s LGIP to service the
development.
Site Access and Driveways
7. A sealed driveway must be provided from Eumundi Noosa Road 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 generally in accordance with Council’s Standard Drawing
RS-051 and any associated addendum
b. suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety. Warning signage
must be provided near the exit driveway to warn motorists of pedestrian
movement along the frontage street
Car Parking
8. A minimum of 11 car parking spaces, 4 motor cycle space and an air/water parking
space 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. 2 staff parking spaces within the total, which are clearly marked for that purpose
b. Signage and line marking must be provided to indicate the customer car
parking spaces
c. 1 disabled parking space within the total
d. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 for the relevant user class
9. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Service Vehicles
10. 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 in accordance with the approved plans.
Page 5 of 125
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Pedestrian and Bicycle Facilities
11. 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 realigned footpath within the road verge for the entire length of
the site’s frontage to Eumundi Noosa Road. The realigned pathway must smoothly
transition to the existing path on either side of the subject site.
This condition is imposed pursuant to s646 of the Planning Act 2016 being necessary
trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
12. 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 Civil Engineering Report
prepared by ADG dated February 2018 and the Engineering Response Memorandum
dated 9 February 2018.
Electricity and Telecommunication Services
13. 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.
14. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and
all applicable legislation at the time of construction.
Easements
15. 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.
16. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
17. 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
18. 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.
19. 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
20. 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
Page 6 of 125
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
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.
Stormwater Harvesting
21. Operating stormwater harvesting tanks must be provided for the development. The
tanks must be provided in accordance with a Building Works for above ground tanks,
or Operational Works Approval for below ground tanks and must include the re-use of
harvested rainwater for internal non-potable uses and outdoor uses.
Acid Sulfate Soils
22. An acid sulfate soils investigation (with recommendations) for the management of the
proposed development must be undertaken by a qualified person* in accordance with
the Queensland Acid Sulfate Soil Technical Manual Soil Management Guideline v4.0
(2014), or a more current version and submitted with the application for Operational
Works.
23. All works must be carried out in accordance with the Acid Sulfate Soil and
Groundwater Management Plan for the development prepared by a qualified person*
and referenced in a Development Permit for Operational Works. *(Refer to Advisory
Note)
24. All waters, including stormwater runoff, groundwater seepage and leachate from acid
sulfate soils must achieve the following quality prior to release from the site:
a. a pH range of 6.5-8.5 pH units
b. 50mg/L maximum total suspended solids concentration
c. 0.3mg/L maximum total iron concentration
d. 0.2mg/L maximum total aluminium concentration
e. no visible plume at either the point of release from the site or within a waterway.
Retention of Existing Trees
25. All works must be carried out in accordance with section 4 of the Tree Safe Pty Ltd
report listed within this Decision Notice.
26. The Poinciana tree located within the road reserve must be retained.
Landscaping Works
27. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and must include in particular:
a. works shown on the approved Concept Landscape Plan, including the provision
of a minimum of 3 x 100 litre trees between the building and Eumundi Noosa
Road.
b. 1.50-metre-wide landscaping strip on the Eumundi Noosa road reserve frontage
adjacent to the landscaping within the site, exclusive of the access driveway,
generally uncompromised by infrastructure items, except for the eastern side of
the entry crossover.
c. provision of 1 street tree within the road reserve west of the exit crossover, the
tree must be a local native species.
Page 7 of 125
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
28. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
29. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
ENVIRONMENTAL HEALTH
Underground tanks
30. Prior to the commencement of the use underground tanks shall be constructed and
installed in accordance with the following:
a. Tanks are to be made of fibre-reinforced thermosetting resin (fibreglass) that is
compatible with the product or tanks are to be made of a steel inner wall and a
fibre-reinforced thermosetting resin composite (fibreglass) outer wall.
b. Tanks are to be double-walled with an interstitial space.
c. Tanks are to meet the requirements of UL 1316 Glass fibre reinforced
underground storage tanks for petroleum products, alcohols and alcohol
gasoline mixtures, or the equivalent or tanks are to meet the requirements of
AS1692-2006 Steel tanks for flammable and combustible liquids, or the
equivalent.
d. Tanks are to have an overfill protection valve installed in the drop tube of the
tank. The overfill prevention valve shall be calibrated to prevent the tank from
being filled in excess of 90% of its capacity.
Submit certification
31. Prior to the commencement of the use certification by a suitably qualified person that
the underground tanks have been constructed and installed in accordance with the
above requirements must be submitted to Council.
Pipework
32. Prior to the commencement of the use pipework shall be constructed and installed in
compliance/accordance with the following:
a. Pipework is to be made of non-corrodible materials as defined by cl 1.4.37 AS
4897. The design, installation and operation of underground petroleum storage
systems.
b. Product piping is to be double-walled with an interstitial space.
c. Each tank fill point is to be clearly labelled and identified in accordance with AS
4977 Petroleum products - Pipeline, road tanker compartment and underground
tank identification.
d. Each tank fill point is to be fitted with a camlock type or other liquid-tight
connection.
e. Each tank fill point is to be provided with spill containment of at least 15 litre
capacity per spill point.
f. All fill and vapour recovery points are to be earthed in accordance with AS
1020.0 The control of undesirable static electricity and AS 3000 Electrical
installations.
Page 8 of 125
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Submit certification.
33. Prior to the commencement of the use certification by a suitably qualified person that
the pipework has been constructed and installed in accordance with the above
requirements must be submitted to Council.
Leak detection for underground tanks
34. Prior to the commencement of the use underground petroleum storage tanks shall be
monitored for leaks in accordance with the following:
a. Establish a statistical inventory analysis system that is rated to detect a release
of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence
(and less than 5% false positive) or install automatic tank gauging that is rated
to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater
than 95% confidence (and less than 5% false positive).
b. Install a tank pit observation well at the lowest point of each tank excavation pit.
Submit certification
35. Prior to the commencement of the use certification from a suitably qualified person
that the leak detection system was installed and was verified as meeting the above
leak detection performance standard using the current United States Environmental
Protection Agency (USEPA) protocol must be submitted to Council.
Leak detection for pipework
36. Prior to the commencement of the use product pipework shall be monitored for leaks
in accordance with the following:
a. Install electronic line leak detection for pressure piping that is rated to detect a
release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95%
confidence (and less than 5% false positive); or
b. Install ‘safe suction’ design for suction piping in compliance with cl 4.3.4 AS
4897. The design, installation and operation of underground petroleum storage
systems.
Submit certification
37. Prior to the commencement of the use certification from a suitably qualified person
that the leak detection system was installed and was verified as meeting the above
leak detection performance standard using the current United States Environmental
Protection Agency (USEPA) protocol must be submitted to Council, or
38. Prior to the commencement of the use certification from a suitably qualified person
that the safe suction design has been installed and tested to comply with cl 4.3.4 AS
4897. The design, installation and operation of underground petroleum storage
systems must be submitted to Council.
Fuel dispensing areas
39. Prior to the commencement of the use fuel dispensing areas shall be constructed and
installed in accordance with the following:
a. All ground surfaces within the fuel dispensing area are to be constructed of
impermeable materials such as waterproofed, reinforced concrete that is free of
gaps and/or cracks. Impermeable, hydrocarbon resistant jointing material is to
be used between treated concrete slabs.
b. The fuel dispensing area is to be clearly demarcated from the uncovered
forecourt area, access roads, general parking bays and all other areas to
clearly delineate the higher contamination risk area from lower risk areas.
Page 9 of 125
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
c. A canopy shall be installed over fuel dispensing areas. The canopy shall
overhang by a horizontal distance of at least one-quarter of the roof height out
from the vertical above the boundary of the demarcated fuel dispensing area.
d. A liquid-tight dispenser sump is to be installed under each dispensing unit. It is
to be designed to house all pipework joints and fittings and to collect and
contain any leak.
e. Signage indicating ‘flows to stormwater treatment system’ is to be provided at
all drainage inlets within the fuel dispensing area.
f. The fuel dispensing area is to be graded and drained to an independently
certified stormwater treatment system listed on Council’s Register for Certified
Hydrocarbon Separators. The system shall be installed in accordance with the
approved site-based stormwater quality management plan.
Submit certification
40. Prior to the commencement of the use certification by a suitably qualified person that
the fuel dispensing area has been constructed and installed in accordance with the
above requirements must be submitted to Council.
Uncovered forecourt area
41. Prior to the commencement of the use uncovered forecourt areas must be
constructed and installed in accordance with the following:
a. All ground surfaces of the uncovered forecourt area are to be constructed to
provide a sealed surface, free of gaps or cracks.
b. Signage indicating 'flows to stormwater treatment system' is to be provided at
all drainage inlets in the uncovered forecourt area.
c. The uncovered forecourt area is to be graded and drained to an independently
certified stormwater treatment system listed on Council’s Register for Certified
Hydrocarbon Separators. The system shall be installed in accordance with the
approved site-based stormwater quality management plan.
Submit certification
42. Prior to the commencement of the use certification by a suitably qualified person that
the uncovered forecourt area has been installed and constructed in accordance with
the above requirements must be submitted to Council.
Road tanker delivery stands
43. Prior to the commencement of the use the road tanker delivery stand shall be located
fully within the fuel dispensing area or the road tanker delivery stand located within
the uncovered forecourt area shall be constructed and installed in accordance with
the following:
a. the area shall be large enough so a tanker can fit wholly within the delivery
stand area.
b. the area shall be clearly demarcated.
c. the area shall be drained to a collection sump that normally drains to the
uncovered forecourt area’s stormwater treatment system.
d. a diversion valve shall be installed that diverts drainage to the containment and
treatment system for the fuel dispensing area during filling operations.
Page 10 of 125
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Submit certification
44. Prior to the commencement of the use certification by a suitably qualified person that
the road tanker delivery stand has been designed, constructed and installed in
accordance with the above requirements must be submitted to Council.
Stage 1 vapour recovery
45. Prior to the commencement of the use construct and install stage 1 vapour recovery
for underground systems storing motor spirit/petrol that has:
a. vapour return lines that return all vapour displaced from the storage tank to the
delivery tanker.
b. a design that prevents the mixing of product in piping common to more than
one tank.
c. vapour-tight couplings on the vapour line that close automatically when
disconnected.
d. incompatible liquid and vapour couplings.
e. a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the
storage tank vent pipe, or accepted equivalent.
f. the vapour recovery point located within 2 metres of the respective fill point.
Submit certification
46. Prior to the commencement of the use certification by a suitably qualified person that
stage 1 vapour recovery equipment has been constructed and installed in
accordance with the above requirements must be submitted to Council.
Stage 2 vapour recovery systems
47. Prior to the commencement of the use Stage 2 vapour recovery (VR2) equipment
shall be designed and installed in accordance with the following:
a. VR2 equipment shall be installed on all dispensers for motor spirit/petrol in
compliance with NSW DECC Standards and Best Practice Guidelines for
Vapour Recovery at Petrol Service Stations and the Storage and Dispensing of
Petroleum Products Planning Scheme Policy (2014).
b. VR2 equipment shall be designed and approved by the German TÜV and shall
incorporate a visual indicator that the vacuum operates when fuel is dispensed.
The approval must be in accordance with the provisions of Ordinance on the
Limitation of Hydrocarbon Emission Resulting from the Fuelling of Motor
Vehicles-21, BImSchV (2002).
c. VR2 equipment shall be installed in accordance with the manufacturer’s
specifications by a duly qualified person.
d. VR2 equipment shall be tested to ensure a hydrocarbon capture efficiency must
not be less than 85% vapour recovery to liquid dispensed by volume as
measured using a test for active vapour recovery systems in Verein Deutscher
Ingenieure (VDI) specification 4205. (testing is already required in Certification)
Submit Certification
48. Prior to the commencement of the use VR2 equipment shall be tested by a duly
qualified person in the manner specified in the NSW DECC Standards and Best
Practice Guidelines for Vapour Recovery at Petrol Service Stations. A copy of this
certification shall be provided to Council together with certification demonstrating that
the system has been installed in accordance with the above.
Page 11 of 125
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
49. Each petrol dispenser fitted with VR2 equipment shall be fitted with a sign stating that
VR2 equipment is in use. Additional signage stating that VR2 equipment is in use
shall be attached to the service station premises.
Spill Containment
Fuel Dispensing Area (Higher Risk Area)
50. Spill capture capacity must be sufficient capacity to hold a volume equivalent to at
least the largest tanker compartment likely to be delivering fuel to the site (>8kL)
51. In the event of failure of any part of the system, power failure or where the spill
compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall
be released beyond the property boundary.
Stormwater quality discharge criteria.
52. Stormwater quality discharge must be to the following minimum standards:
i. <5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
ii. ≥80% reduction in Total Suspended Solids (TSS) heavy oils & metals
iii. ≥90% reduction in gross pollutants
53. There must be no high-flow bypass. 100% of captured liquids to be treated.
Uncovered Forecourt Area (Medium Risk Area)
54. In the event of failure of any part of the system, power failure or where the spill
compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall
be released beyond the property.
55. Stormwater quality discharge must be to the following standards:
i. <5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
i. ≥80% reduction in Total Suspended Solids (TSS)
ii. ≥90% reduction in gross pollutants
56. High-flow bypass / first-flush capture design capacity must be designed to meet the
defined discharge criteria during a storm up to the 3 month ARI-6 minute design
rainfall event without surcharging or backing up the drainage system.
Submit Certification
57. Prior to the commencement of the use certification shall be provided to Council
demonstrating that the system has been installed in accordance with the above.
Noise
58. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. on site must be located within the building or suitably
provided with noise reduction measures and located to prevent a noise nuisance
beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD Noise level at noise sensitive place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
Page 12 of 125
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
59. When requested by Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any
complaint (other than a frivolous or vexatious complaint) caused by noise emissions
from operations at the premises.
60. Such monitoring must be undertaken within a reasonable and practicable timeframe
nominated by Council and be performed by a suitably qualified person in accordance
with accepted guidelines and standards. The report is to be submitted to Council
detailing the results of such monitoring and recommendations for any measures to
achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting
(e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is
either:
a. a Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of three (3) years current
experience in the field of acoustics.
Rainwater/Detention Tanks
61. In accordance with the Public Health Act 2005, rainwater tanks (including the
detention tank) must be constructed with mosquito proof screens (made from either
brass, copper, aluminium or stainless steel), and constructed with a mesh size of no
more than 1mm, and must be installed in a way that does not accelerate corrosion.
Tanks that contain flap valves must be installed so that when closed, mosquitoes
cannot pass through the valve.
62. Where it is intended to use rainwater for drinking purposes, a suitable treatment
system is required to be installed to disinfect or treat the water to microbiological and
physical standards as described in the current Australian Drinking Water Guidelines
to make it fit for drinking purposes.
WASTE
Waste Disposal
63. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A bin wash area is required with a cold-
water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system. This
can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max
0.5m²), or alternatively the waste area can be roofed, or any other design approved
by Council.
64. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
65. Public bins must be provided throughout the car park to reduce littering. Bins
provided must be for refuse and recycling and be decanted into the bulk bins by the
site operators.
OPERATIONAL WORKS CONDITIONS
66. 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
10615_DA12 4 Roof Plan and Canopy Signage, prepared by 06.04.2018
nettletontribe
10615_DA21 7 External Elevations - Sheet 1 prepared by 11.04.2018
nettletontribe
10615_DA22 7 External Elevations - Sheet 1 prepared by 11.04.2018
nettletontribe
10615_DA40 2 Pylon Sign prepared by nettletontribe 09.02.2018
67. 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.
68. 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. The pylon sign must be setback at least 1.50 metres from the front boundary
b. The pylon sign must not include a sign with a sign face area in excess of 4m 2;
and
c. A maximum of one illuminated sign is permitted for the site.
d. No illumination of the stripes on the canopy face.
69. The approved signs must not be used for the advertisement of goods and/or services
not sold or conducted on the site (i.e. third party advertising).
70. 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
71. 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.
72. 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.
73. 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.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
74. All conduits, wiring, switches or other electrical apparatus installed on an advertising
device must be concealed from general view.
Movement
75. 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
76. 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
77. The approved signs must be removed from the site upon cessation of an associated
use.
B Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
1.1. Material change of use
The proposal seeks a Development Permit for a Material Change of Use Business Use Type 5
Retail (Service Station) and Business Use Type 2 Retail (shop) and a Development Permit for
Operational Works for an advertising device (pylon sign and additional illuminated signs).
The proposal involves:
The construction of a Service Station with an associated retail component;
A building which comprises 223m2 of GFA which the associated service station retail
component will encompass a GFA of approximately 100m2 and the ‘Shop’ area will
encompass a GFA of approximately 123m2;
Four (4) double sided fuelling positions, as well as an air and water unit;
Free standing pylon sign for pricing display; and
A provision of 11 car and 4 motorcycle parks on-site, an additional Air/Water space is also
provided.
Under the Noosa Plan 2006, the subject site is situated within the Industrial Zone and is
designated within the Noosaville Locality Plan. The proposal is subject to Impact Assessment.
Locality and proposal plans are included below:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 1 - Locality Plan
Figure 2 – Site Plan
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 3 – Floor Plan
Figure 4 – North Elevation
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 5 – West Elevation
Figure 6 – South Elevation
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 7 – East Elevation
1.2. Operational Works For Signage
The application seeks approval for Operational Works for Signage for the development. The
applicant requests the following signs:
Canopy signs: 3 x 2.1m2
3 x wall signs: 2 x 1.3m2 and 1 x 1.0m2
5.0 metre high pylon sign: 5.0 m2 each side
The applicant has requested that all signs be illuminated.
2. SITE DETAILS
2.1. Background
A number of planning approvals have been issued for the site as detailed in the following table:
Application number Approved development Date of Approval
TPC288 – 51901.3751 Ice works May 1973
TPC642 – 51901.4294 Additions to industrial building March 1977
TPC371 – 51901.4531 2 Industrial buildings and November 1977
caretakers residence
TPC1526 – 51981.3324 Light industry – extension to 1981
factories
TPC1839 – 51986.3029 Selling second hand furniture 1986
2091/33/TP – 51995.1699 Vehicle Sales
The business which is currently operating at the above premises, known as Maluka Produce,
does not have planning approval to operate. The use is defined as Retail Business Type 2 –
Shop which is an inconsistent use in the zone.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
2.2. Site Description
At present there are four separate single storey buildings situated on site.
The largest building (Building A) is located on the west of the site and includes 423m 2 GFA. This
building includes “Manuka Produce” – a grocer, fruit and vegetable shop and juice bar. It is
estimated that the total trading area of Maluka Produce is approximately 250m2.
Building B, which has a GFA of 256m2, previously housed a barber shop, outfitters and coffee
and clothing shops. It is estimated that the total trading floor area of this building is 100m 2.
Buildings C & D are smaller and located towards the rear of the site. They have a GFA of 35m2
and 14m2 respectively.
The existing building arrangement is detailed in the following image:
Figure 8 – Existing buildings on site
2.3. Surrounding Land Uses
North: Eumundi Noosa Road - Bunnings, Safe Guard storage and Jax Tyres beyond
South: 173 Eumundi Noosa Road – Industrial site of approximately 8,100sqm used for
the purpose of ready mix concrete
East: Access handle for 173 Eumundi Noosa Road
West: 177 Eumundi Noosa Road – Council owned land for purpose of landscape and
amenity, zoned Open Space Recreation
1 Rene Street – Industrial zoned land which has been developed with a
showroom building which comprises four tenancies.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development
Area.
3.3. Statutory Instruments – Planning Scheme
The site is located in the Noosaville locality and is zoned Industry. A service station is identified
as a consistent use within the zone but the retail shop is identified as an inconsistent use.
The Noosaville Locality Code includes the following overall outcomes that are relevant to the
assessment of the proposed development:
11.7.2 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;
11.8.2 vv) 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;
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
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
vii. provides for a high level of runoff water quality to Eenie Creek and Lake
Doonella;
The Overall Outcomes of Noosaville Locality Code do not anticipate or provide any real support
for a co-located service station/retail convenience shop in the Industry zone.
The applicant acknowledges this conflict but submits there are relevant grounds to support the
shop component. The applicant’s grounds have been summarised as follows:
The shop proposal is intrinsically associated with the service station and does not
compromise the Noosaville Locality Code provisions insofar as the proposed shop
component is a strictly ancillary use that is compatible with the service station use.
It is noted that the modern-day service stations incorporate a retail component that is
ancillary to the development and often take the form of a small store for the sale of
convenience goods to the customers that are there for the primary purpose of refuelling
their vehicles.
The proposed shop use is wholly contained within the single service station building, with
no separate tenancies proposed. While the sale of goods will occur in an area of 123m2 it
is not larger than service stations approved within other local government areas and
reflects a standard service station operation.
The primary use of the site is for the sale and delivery of fuel and demonstrates compliance
with the Business Uses Code’s specific outcome which state – the associated sale of
goods, including foodstuffs is ancillary to the service station use.
The scale of the proposed shop is intended to provide a desirable level of convenience for
existing fuel patrons, rather than creating a standalone store which is designed to
independently service the surrounding residents and businesses. The ancillary shop only
supports the function and operation of the service station and is not considered as the
primary use of the site.
There are a number of recent approvals given for a service station and shop use along
Eumundi Noosa Road.
A Needs Analysis demonstrates that there is sufficient demand for an additional service
station of a nature and scale of operation in this location.
The proposed development will meet a growing shortage of service station fuel supply in
Noosaville and the wider Noosa urban area.
The subject site is strategically located to meet fuel needs of both local residents and
business as well as visitors to the area.
The associated convenience retail floor space will represent a net reduction of retail
expenditure captured by the subject site and therefore will have no impact on the
sustainability of existing retailers within the Noosaville area.
While all the applicant’s grounds are not fully agreed with, it is agreed that there are grounds to
support the application for a combined service station and shop.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
In this regard, it is difficult to accept that there is a significant need for a further service station in
the area given the recent development of 2 other service stations in the immediate area.
However, the applicant is not required to demonstrate a need for the service station use itself as
the service station is identified as a consistent use by The Noosa Plan in the Noosaville industrial
estate. Therefore, there are no grounds for Council to refuse the service station use.
It is noted that the Business Uses Code seeks that new service stations are located in a
commercial zone, the industrial zone is defined as a commercial zone, on a site fronting part of
the major road network and that the proposed development complies with this requirement.
The applicant has not satisfactorily demonstrated a high need for a retail shop on the site. The
economic analysis relies on the previous informal use of the site for retail uses and the impact of
123m2 on existing retailers.
The economic analysis does not examine whether there is a need for further café/take-away
retail shops to serve industrial workers in the area as was demonstrated by the applicant for the 7
Eleven.
Notwithstanding this, it is agreed that combined service stations and retail shop or food and drink
outlets are the modern service station of today and are consistent with the definition of a service
station under the Planning Regulation 2017. The combination of a service station and shop is
also contemplated by The Noosa Plan’s Business Uses Code wherein the probable solution
permits:
The gross floor area used for the associated retail sale of goods is limited to 15% of the gross
floor area.
While this would equate to 33.5m2 compared to the 123m2 proposed, the corresponding specific
outcome specifies that the,
The associated sale of goods, including foodstuffs, is ancillary to the service station use.
In this regard, the proposed shop is considered ancillary to the service station use, being fully
located within the service station and designed to operate in conjunction with the primary use of
the site being the supply of fuel. On the whole it is reasonable to assume that the majority of
patrons to the site will purchase fuel, with the purchase of food and drink remaining secondary or
ancillary to the service station use.
Hours of Operation
The applicant indicates the service station and the shop would operate up to 24 hours a day 7
days a week. 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 approximately 250m
from the subject site; the 24-hour operation raises no concerns.
Setbacks
The proposal meets the setbacks required by the Planning Scheme. The Planning Scheme
requires a 10m setback to the Eumundi Noosa Road frontage and a 3.0 metre landscaped
setback to the adjoining Open Space Conservation Zone. A 15.025 metre setback is provided to
Eumundi Noosa Road and therefore the built form does not abut the adjoining Open Space
Conservation Zone. The significant front setback allows for the provision of a significant
landscape area between the building and the front boundary which will partially screen the
northern elevation of the building. The following image details the Open Space Conservation
Zone adjacent to the subject site.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 9 – Location of adjoining Open Space Conservation Zone
The canopy of the bowsers has been setback 6.0 metres in accordance with the requirements of
the Noosaville Locality Code.
Presentation to Eumundi-Noosa Road
Eumundi-Noosa Road forms part of the major road network. The Overall Outcomes for the
Noosaville Locality include that the function, safety and visual amenity of the Noosa’s major road
network are protected. There are otherwise limited building design provisions for the site and the
surrounding industrial area.
The proposed plans marked ‘store western elevation’ and ‘store southern elevation’ represent the
elevations which will have the greatest impact upon the streetscape. It is recognised that the
design of the building is basic and does not have great streetscape appeal but it is consistent
with recent approvals for service stations on Eumundi Noosa Road and other industrial buildings
along Eumundi Noosa Road. It is noted that the building has a substantial 15 metre setback from
the front boundary and that landscaping is to be provided in the area between the building and
the front boundary. This landscaping includes mature planting.
The following images detail the proposed western and southern elevation:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 10 – Proposed Western Elevation
Figure 11 – Proposed Southern Elevation
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
The applicant has provided the following perspectives of the site viewed from Eumundi Noosa
Road:
Figure 12 – Perspective of proposal development from Eumundi Noosa Road
Figure 13 – Perspective of proposal development from Eumundi Noosa Road
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Engineering Works Codes
Landscaping Code
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:
Traffic
The applicant provided a Traffic Impact Assessment Report prepared by MRCagney 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 internally and by an external traffic
consultant with advice identifying concern with the existing bus stop to the front of the site, sight
lines for vehicles exiting the site and the capacity for waste vehicles to access and service the
site
Amended plans provided by the applicant have resolved these issues as the bus stop has been
partially indented and internal alterations have been made allowing for improved vehicle
circulation and access for the waste vehicle. The applicant has demonstrated that vehicle
manoeuvring areas are sufficient for all vehicles and tankers.
The development will result in the existing bus stop being removed and a new bus stop
developed to the front of the site. The new bus stop is an upgrade of the existing bus stop to
comply with the current requirements for a standard Noosa bus shelter. The bus shelter is Trunk
Infrastructure and accordingly the cost to the applicant of carrying out these works can be offset
against the Infrastructure Charges applicable for the development.
Car Parking
Table 1 – Car parking analysis
Use Planning Scheme requirement Proposal Complies
Service Station 5 spaces minimum 5
Convenience shop - 123m²
1 space per 20m2, or part 5 spaces 7 (inclusive of 4
thereof, of use area for areas up motorcycle
to 100m2 (excluding outdoor spaces)
dining area); and
1 space per 15m2, or part 2 spaces
thereof, of use area for areas in
excess of 100m2 (excluding
outdoor dining area).
7 spaces
12 required
12 total provided
The development meets the requirements of the planning scheme by providing 12 car spaces
and 4 motorcycle spaces. A loading zone and air/water car space is also provided, accessed
from Eumundi Noosa Road.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Landscaping
The Landscaping Code requires a total 10% of the site to be landscaped. The applicant has
provided a landscape concept plan demonstrating that 13% of the site is proposed to be
landscaped. The proposed 15.0 metre landscape setback to Eumundi Noosa Road exceeds that
required by the Noosa Plan.
Table 2 below outlines the landscaping for the site.
Table 2 - Landscaping
Criteria Planning Scheme requirement Proposal Complies
Landscaped open space 10% = 197.3m² 13% = 255m²
Landscape setbacks 10m to Eumundi Noosa Road frontage Part 15.0 metres
and 2m to car spaces
3 metres to Open Space Conservation
Zone
The proposal provides approximately 60m2 more than the required amount of landscaping and a
landscaped setback in excess of the required 10.0 metres. The proposed 15.0 metres of
landscaping between the service station building and the front boundary will assist the building’s
presentation to the major road network. It is noted that this extensive landscape buffer is
considerably more than has been provided to surrounding properties within the Industrial Zone.
Retention of Poinciana tree on road reserve
The original application sought to remove the existing Poinciana tree to the front of the site to
allow for an angled ingress crossover. As the tree contributes to the streetscape it was requested
that the applicant explore opportunities for the tree be retained. The following image details the
tree:
Figure 14 – Poinciana tree within the road reserve
Page 28 of 125
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Subsequent to these discussions an amended layout was provided which facilitates suitable
access to the site and the retention of the tree. An arborist report was submitted with
recommendations.
Overlay Provisions
The site is within a Low Potential Acid Sulphate Soils Area. Given the earthworks required for the
underground fuel storage tanks and proposed fill, conditions are recommended requiring further
soil assessment and the implementation of an acid sulphate soils management plan as part of
any operational works application.
3.4. 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.
With regards to advertising signage the proposal plans detail the following with regards to sign
face area:
3 x canopy signs: 3 x 2.1m2 6.3m2 total
3 x wall signs: 2 x 1.3m2 and 1 x 1.0m2 3.6m2 total
5.0 metre high pylon sign: 5.0 m2 each side 10.0m2 total
19.9m2 site total
The proposal plans indicate 6 signs with a total sign face area of 9.9m² for the service station
building and canopy and 1 pillar sign of 10m2. The extent of the proposed signage is considered
reasonable for the proposed development providing the sign face area for the pylon sign be
limited to 4m2 for each side.
The applicant has requested that canopy and walls signs be illuminated, the proposal includes
illumination of illuminate the red stripe to four canopy faces. The pylon sign is also proposed to
be situated at a right angle to the front boundary with no setback and is also proposed to be
illuminated. A setback of 2.50 metres is required in accordance with the Advertising Devices
Code.
The extent of illuminated signage does not comply with the Probable Solutions of the Advertising
Devices Code for 1 illuminated sign.
The service station’s forecourt will be well lit with essential lighting and the additional illuminated
signage is not considered necessary. A condition is recommended to limit illuminated signage to
1 illuminated sign and that there be no further illumination of the canopy faces.
It is recommended that a condition require the siting of the pylon sign to be consistent with recent
service station approvals on Eumundi Noosa Road. In this regard the condition will require the
pylon sign to be setback 1.50 metres from the front boundary.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
4. CONSULTATION
4.1. Referrals
The application was forwarded the following internal Council specialists:
Engineering Officer
Environmental Health Officer
Environment Officers
Waste Management Officers
Asset Infrastructure Officers
External traffic consultant
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. 10 properly made and 1 not properly made submission were received. The following table
provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
Service station need
Two existing service stations already exist on A service station is a consistent use within the Industry
Noosa Eumundi within close proximity of the Zone and the applicant is not required to demonstrate
site, an additional two are also located within need for the proposed use.
close proximity of the site
No community benefit in another service station.
There is no need for an additional service station
Service station is replacing two small business –
small businesses are what Noosa Council
should be supporting
Price of petrol is too high in Noosa compared to
other areas
Reflects the unwanted commercialisation of
Noosa
Current business should be kept there
Not consistent with sustainable development
Amenity
24 hour service stations result in highly visible The illumination of signage is to be limited to comply
signage and lighting with the Advertising Devices Code.
Building design will result in graffiti-targetable
walls
Traffic
Not a safe location for a high frequency usage The application has been reviewed internally and by an
building such as service station – hundreds of external traffic consultant and all issues related to
cars per day will attend the site. vehicle movements have been satisfied.
Proximity to roundabout will result in unsafe
traffic movements
Not safe to cross the road
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
5. CONCLUSION & REASONS FOR DECISION
The application seeks approval for a service station which is a consistent use in the zone.
Approval is also sought for a shop which is an inconsistent use. The applicant has demonstrated
that the service station can operate without adverse effects on the major road network with safe
vehicle and tanker access and the queuing and manoeuvring being wholly within the site. The
built form, layout, car parking and landscaping all comply with The Noosa Plan. Whilst it is
difficult to accept that there is a significant need for a further station in the area it is agreed that
combined service stations and retail shop or food and drink outlets are the modern service
station of today and are consistent with the definition of a service station under the Planning
Regulation 2017. The combination of a service station and shop is also contemplated by The
Noosa Plan’s Business Uses Code. The extent of illuminated signage and the position of the
pylon sign does not comply with the Advertising Devices Code. Conditions are recommended to
limit the amount of illuminated signage and the position of the pylon sign.
The proposal does not raise any other significant planning concerns and is recommended for
approval, subject to conditions.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development x Infrastructure Services
Community Engagement Building & Plumbing Services x Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
Page 31 of 125
Section 32
ATTACHMENT 1
Page 32 of 125
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Page 32 of 125Section 33
Page 33 of 125
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5 1 1 1 140 1 158 3254 34 23 5 o1Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
2 MCU17/0546 - APPLICATION FOR MATERIAL CHANGE OF USE - HOME BASED
BUSINESS - TYPE 3 SIGNIFICANT SCALE SITUATED AT 54 BORONIA ROAD,
COOTHARABA
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/ Application/ MCU17/0546
Attachments Nil
APPLICATION DETAILS
Applicant All Star Metal Fab
Proposal Material Change of Use - Home Based Business - Type 3 Significant
Scale
Properly Made Date 8 November 2017
Information Request Date n/a
Information Response Date n/a
Decision Due Date 10 April 2018
Number of Submissions 2
PROPERTY DETAILS
Property Address 54 Boronia Rd Cootharaba Qld 4565
RP Description Lot 13 SP 116696
Land Area 39860 m²
Existing Use of Land Dwelling and associated outbuildings and steel fabrication business in
existing shed
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Boreen Point, Kin Kin and Cootharaba
Zone Rural
Overlays Biodiversity Overlay – Environmental Protection
Natural Resources – Agricultural Protection Area
Natural Hazards – Bushfire (Potential Impact Buffer) and Low Potential
Acid Sulfate Soils
Assessment Type Impact
Page 41 of 125
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0546 for a
Development Permit for Material Change of Use - Home Based Business - Type 3 Significant
Scale situated at 54 Boronia Rd, Cootharaba and:
A. Approve the application in accordance with the following conditions:
Approved Plans
1. 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. Plan/Document Name Date
D-01 Site Plan, Martoo Consulting 1 November 2017
Nature and Extent of Approved Use
2. The business use must not exceed a floor area of 360m2. In addition to this area, any
outdoor parking of trailers must not exceed 2 at any one time.
3. A maximum of 2 deliveries per month is allowed.
4. The approved use must not operate outside the hours of 7.30am- 5.00pm Monday to
Friday and 8.00am to 1.00pm on Saturdays. The use must not operate on public
holidays.
Site Access and Carparking
5. A sealed access driveway must be provided from Boronia Road 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 crossover in accordance with Council’s standard drawing RS-056.
6. A minimum of 6 car parking spaces must be provided on the site and accessible at all
times while the use is open for business. The works must be in accordance with an
Operational Works approval and include in particular a carparking area constructed
with an all-weather surface.
7. The carparking area must be designed and constructed such that all vehicles can
enter and exit the site in a forward gear.
8. All car parking areas and access driveways must be maintained:
a. to ensure the carparking area is accessible in wet weather
b. to ensure that no loose material is carried from the site on vehicles
c. exclusively for vehicle parking and manoeuvring and kept in a tidy and safe
condition at all times.
9. All fill and associated batters must be contained entirely within the subject site.
10. Timing associated with the site works are as follows:
a. the applicant must lodge an Operational Works application within 2 months of
the date of this approval.
b. works associated with site access and car parking must be completed within 3
months from the date of the Operational Works approval.
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Service Vehicles
11. Service vehicle parking, manoeuvring and standing spaces must be provided on the
site.
Stormwater Drainage
12. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
13. 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.
Bushfire Management
14. The site must be provided with a water storage reservoir having a minimum 5000
litres of water for emergency firefighting purposes. Such storage must be provided in
addition to the water supply capacity required for the use and must be provided in the
form of either an accessible dam, swimming pool, or rainwater tank. If by rainwater
tank, water storage for firefighting purposes must be provided either in a separate
rainwater tank or a reserve section in the main water supply tank on which:
a. the domestic take off from the tank is at or above the 5,000 litre point; and
b. standard rural fire brigade fittings are fitted to the tank outlet for access by four
wheel drive rural services vehicles
15. The site must be provided with an auxiliary power supply such as a petrol driven fire
fighter pump (or generator), together with a hose of sufficient length to easily reach
around to all sides of the building.
16. A 20 metre wide asset protection zone from/around the building/s to the northern
bushland must be maintained on the site which is kept free of:
a. grass higher than 300mm
b. large trees that have continuous or overlapping canopies with other large trees
c. trees that overhang dwellings or structures
d. dead branches and loose bark; and
e. woodpiles, combustible material storage areas, large quantities of garden
mulch or any other form of stacked flammable materials.
17. A legible Bushfire Evacuation Plan must be clearly visible to staff and visitors at all
times.
Acoustic
18. The open southern end of the building must be enclosed with a permanent wall to the
existing shed within 2 months of the date of approval.
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19. Noise associated with the activity measured at the nearest residential boundary, must
not be—
a. for noise that is continuous noise measured by LA90,T—more than nil dB(A)
greater than the existing acoustic environment measured by LA90,T; or
b. for noise that varies over time measured by LAeq,adj,T—more than 5dB(A)
greater than the existing acoustic environment measured by LA90,T.
20. All cutting equipment must be kept at the northern end of the building and have a
(floor to ceiling) wall separation from the construction area of the building.
21. The compressor must not be audible:
a. before 8.00am and after 5.00pm Monday to Friday; and
b. on Saturday, Sunday and Public Holidays.
Waste
22. Waste storage areas must be sited and designed so as to not detract from the visual
amenity of the streetscape.
23. Waste storage areas allow for the separate storage of different waste materials for
reuse or recycling by:
a. providing sufficient area to store all recyclable material and recycling containers
required; and
b. sign posting the types of waste stored.
24. Waste collection and/or delivery vehicles associated with the activity are to comply
with the following –
a. Limited to between 7:00am to 6:00pm Monday to Friday.
b. All reasonable measures are taken to minimise noise emissions.
c. Not permitted on Saturday, Sunday or Public Holidays.
Performance Bond
25. Security in the form of a cash bond or trading bank guarantee to the sum of $5000
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.
Signage
26. The total number of advertising signs provided on the site must not exceed 1 with a
maximum sign face area of 4m2.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
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REPORT
1. PROPOSAL
The applicant has applied for a retrospective approval for a Home Based Business - Type 3
Significant Scale. Allstar Fabrications is a steel fabrication business that currently operates from
an existing shed on the property with a gross floor area of 360m2. The business employs 6 staff,
including the resident owners of the business. The business proposes to operate from 7am to
6pm Monday to Saturday (excluding public holidays). Onsite parking for 6 cars associated with
the business is proposed to be located north of the driveway and adjoining the shed to the west.
Refer Figure 1 – Proposal.
Figure 1 - Proposal
2. SITE DETAILS
The site is just under 4 hectares in size and is one of the two properties near the end of Boronia
Road, with parkland beyond. Boronia Road is sealed and ends as a cul-de-sac beyond this site.
The site is relatively flat with a small drainage channel extending along the eastern boundary.
The northern part of the site is densely treed and the remaining portion of the land is mostly
cleared. Some established vegetation occurs throughout the site. Two dams exist on the
southern part of the site. Refer Figure 2 - Subject site.
2.1. Background
The business, Allstar Fabrications have been operating from this site, within an existing shed for
5 years. Council received a complaint with regard to noise associated with business operations
and from motor bikes riding on the property in September 2017. The complaint expressed
concern about dirt mounds being created on the property to facilitate motor bike riding. Other
noise issues identified in that complaint were ‘clanging and banging’, the revving of cars, loud
music and the driving of race cars and motorbikes up and down Boronia Road. The letter
received had multiple signatories.
The applicant subsequently submitted an application for the business use in response to the
compliance action. A Council officer advised that a suitable qualified acoustic consultant be
employed to address noise concerns and impacts on the amenity with regard to the neighbours.
It was also raised that all parking should be provided on site.
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The shed for which the Home Based business is located, obtained building approval in 2010. An
‘extension’ to the dwelling was approved by a Private Certifier but appears to be a second
dwelling, having a gross floor area of over 107m2 (not including the garage and patio). Both
dwellings have been constructed and it is noted that the second dwelling does not have planning
approval. The owners have been advised of this.
2.2. Site Description
Figure 2 - Subject site
2.3. Surrounding Land Uses
There is a mix of rural residential type lots and rural land holdings within the general area. The
subject property and surrounding properties were approved for subdivision of what is considered
typically rural residential size lots in 1999. Land use in this area is typically rural residential
lifestyle lots and environmental park areas. There is some land under cultivation observed on
larger lots on Junction Road.
The site is rural residential in nature and is surrounded to the south, east and west by rural
residential type lots. The site adjoins a 55 hectare reserve known as Cootharaba Park which is
north of the subject site.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production area of the SEQ
Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the
application:
Koala Habitat Area
The proposal is for urban activity within the Regional Landscape and Rural Production Area and
is consistent with the assessment benchmarks contained in the Planning Regulation 2017. The
urban activity occurs outside of the Koala Habitat Area.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development, which include the below Codes.
Boreen Point, Kin and Cootharaba Locality Code
Business Uses Code
Landscaping Code
Engineering Works Codes
The subject site is located in the Boreen Point, Kin and Cootharaba Locality and is zoned Rural.
The proposed use is defined as a consistent use with the zone and is required to follow an
impact assessable application process.
The Rural zone is intended to provide for rural amenity and agricultural productivity and to have
appropriately located enterprises that enhance the economic sustainability of the hinterland. New
uses are to be located, designed and managed to be compatible with other uses and avoid
significant adverse impacts on the amenity enjoyed by users.
The proposed use has the potential to impact on nearby resident’s amenity if not maintained at a
reasonable scale and potential impacts appropriately mitigated. Potential environmental and
amenity impacts for the proposed use must be assessed to determine if there are any significant
adverse changes to the light, air quality, noise, accessibility or any other conditions impacting
nearby uses.
The following table demonstrates the proposals degree of compliance with the Probable
Solutions in the Business Uses Code.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Probable Solutions for the Business Uses Code Comments Complies X
Type 3 Significant Scale
S53.1 The business is located— a) in the Rural Zone or The business is located
Rural Settlement zone; or b) on a lot of more than in a Rural Zone.
2000m2 in urban settlements
S53.2 Noise from the business is not audible beyond the The submitted noise
site boundaries; AND S53.3 All noise emitting plant and report demonstrates
equipment associated with the business is enclosed or compliance with this
located at least 200m from adjoining houses; AND requirement. The shed
is mostly enclosed and
will be conditioned to be
largely enclosed as
discussed below.
S54.1 A maximum of 300m2 of the site is used for The proposal has an X
business purposes. area of 360m2 within an
existing shed and there
is storage of 1 to 2
trailers external to the
shed at any one time.
The scale of the
business is relative to
the lot size and does
not dominate the area.
This is discussed in
more detail below.
S55.1 No more than 6 persons associated with the 6 employees (including
business are present on the premise at any one time the resident) are
(this includes any residents living on the premises and associated with the
directly associated with the business); AND business.
S55.2 Only goods which are manufactured on the site All goods for sale are
are offered for sale by the business. manufactured on site.
S56.1 Any vehicle, stored equipment or materials Existing mature
associated with the use are located within a building or plantings exist on site
screened from view from all public places and adjoining limiting views from
properties by fencing or dense landscaping. Boronia Road. No more
than 2 trailers
associated with the
business are stored on
site at any one time.
S57.1 Quantities of chemicals, gases or other There is no evidence
hazardous materials do not exceed the limits normally that there is an
associated with a residential activity; AND S57.2 exceedance of limits of
Storage of flammable and combustible liquids complies hazardous materials
with the storage provisions in Section 2 of Australian associated with the use.
Standards AS1940 - The Storage and Handling of
Flammable and Combustible Liquids.
S58.1 The business is directly accessible from a sealed The property associated
road or a good standard gravelled road; AND with the business is
S58.2 Driveways do not exceed a gradient of 1 in 4 located on a good
(25%). AND quality sealed road and
the driveway has an
S58.3 Commercial deliveries or collections are limited to
appropriate and
2 per day; AND
compliant gradient.
S58.4 Loading and unloading activity is undertaken
Unloading occurs
entirely within the site; AND
entirely within the site.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Probable Solutions for the Business Uses Code Comments Complies X
Type 3 Significant Scale
S58.5 Where the site gains access from part of the Deliveries are limited to
Major Road Network, vehicle manoeuvring areas are 2 a month.
provided in accordance with Section 3 of AS 2890.1 On site vehicle
Parking Facilities (Part 1: Off-street Carparking) so manoeuvring areas can
vehicles enter and leave the site in a forward gear. be achieved and
S59.1 A minimum of 4 carparking spaces are provided conditioned
on the site of the business; appropriately.
6 formal car spaces will
be made available and
can be conditioned
appropriately.
S60.1 The business does not operate outside the hours Partly complies.
of 8.00am to 6.00pm, Monday to Saturday excluding The recommended
public holidays. hours as discussed
below are from 7.30am
– 5.00pm Monday to
Friday and 8.00am –
1.00pm Saturdays,
excluding public
holidays.
S61.1 Not more than one sign is erected on the This can be conditioned
premises and the sign— a) is a fence sign, wall sign or appropriately.
freestanding sign with a signface area not exceeding
750mm by 400mm or 0.3m2 ; b) displays only the name,
occupier, occupation and contact details; and c) is not
illuminated or in motion.
The pertinent issues arising out of the assessment are discussed below.
Scale of use
The business operates from an existing shed which has a building footprint of 360m 2, located on
the northern part of the property. It is not proposed to increase the existing size or scale of
operations. There is some temporary storage of trailers/caravans outside of the building footprint
awaiting delivery. Views of this storage area from Boronia Road are limited and the area cannot
be viewed from any other boundary.
Only goods that are manufactured on site are offered for sale by the business. Manufactured
goods are generally delivered, with the occasional pick up.
A Probable solution of the Business Uses Code is that a Home Based business Type 3 should be
no greater than 300m2. The existing business exceeds this criteria, but complies with all other
probable solutions. The relevant Specific outcomes relevant to this are:
The scale and nature of the business is relative to the lot size and does not dominate or
conflict with the area in which it is situated; AND
The business remains ancillary to the residential use of the site.
The scale of the business takes up a small portion of the 4 hectare site and does not visually
dominate the site or the area in which it is situated. The residential use remains the primary use,
with the business use a secondary use. The operations are located between the residential use
and parkland on the northern part of the property and are not particularly visible from the road or
adjoining properties.
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Amenity
The key challenge for business to be located in a rural environment is the preservation for
amenity for residents nearby. The Business Uses Code requires business uses ‘to be located,
designed and operated to avoid significant adverse changes to the light, air quality, noise,
accessibility or other conditions enjoyed by users of associated, adjoining or nearby uses.’ There
has been a complaint regarding noise from the business use and private activities occurring on
the subject site.
Any private activities such as motor bike riding are generally a police matter. The complaints
associated with noise emulating from the business mention ‘clanging and banging’. Activities
associated with the business include the cutting and welding of steel and building of trailers for
different purposes. Depending on the size and nature of a trailer being constructed, they can take
between 2 weeks and some up to 3-4 months (and sometimes longer) to complete a trailer. The
business does not undertake repairs or maintenance.
Specific Outcome O 53 of the Business Uses Code specifies the use should ‘not interfere with
the amenity of the neighbourhood from the operation of machinery or electrical equipment or
from light, noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, grit, oil, dust, waste
water, waste products, electrical interference, traffic generation or otherwise’. The residences
most affected are those adjoining residences located about 140m to the south, 125m to the south
east, 195m to the east and 150m to the south west. Refer Figure 3 – nearest residences to
subject property.
Figure 3 – nearest residences to subject property.
Amenity is the main factor of consideration relating to this proposal. The applicant submitted a
noise report with the application which reported on a 7-day monitoring schedule conducted in
September 2017. The report concluded that the business complies with the noise criteria under
the Noosa Plan. In summary, ‘. Noise from Allstar Metal Fabrication complies with the noise
criteria at the closest boundaries to the Allstar Metal Fabrication building and, therefore, no
further noise control measures are required. This is provided that the shipping container remains
in place across the eastern end of the Allstar Metal Fabrication building.’ The report also
recommended operating hours to be 7am to 6pm Monday to Saturday (no public holidays).
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The applicant advised that a new guillotine and metal folding machine was purchased in
December 2017 that are quieter in their operation and more efficient than previous equipment.
The noise consultant reviewed this further equipment in March 2018 and reported the following,
‘The results of this additional source noise assessment clearly indicated that even the highest
noise source for this new equipment (cutting 3 mm thick aluminium checker plate on the
guillotine) was more than 10 dB(A) quieter than all of the other operations inside the Allstar Metal
Fabrication building and, therefore, this new equipment does not have any additive effect to the
calculated Allstar Metal Fabrication noise levels to the closest site boundaries.’
Both reports concluded that noise from the business is not audible beyond any boundaries of the
site, thus complying with the requirements of Noosa Plan. Council’s Environmental Health Co-
ordinator reviewed the original and the updated noise report and conducted a site inspection
during business operations. It was agreed that the noise report is satisfactory in its assessment
and recommendations.
Further to this, currently the eastern side of the building (related to the business) does not have a
wall and is blocked off with a shipping container which is used for motor bike storage. Even
though the noise assessment advised the shipping container to remain, it is considered prudent
that the eastern side of the building be permanently enclosed. This was raised with the applicant
with them agreeing to permanently enclose this area. This will be conditioned accordingly.
The applicant applied to operate the business between the hours of 7am-6pm Monday to
Saturday (no public holidays). Given the use has attracted a complaint with regard to amenity
the possibility of reduced operating hours was discussed with the applicant. The applicant has
agreed to reduce the operating hours as originally proposed to 7.30am- 5.00pm Monday to
Friday and 8.00am to 1.00pm on Saturdays.
Traffic generation, carparking and access. It is noted that the subject site is 1 of 2 developed
properties on Boronia Road, with parkland beyond towards the end of the cul-de-sac. It is
acknowledged that the site location means that there will be some traffic movements past the site
but this is limited and there is sufficient area within the site to provide for the carparking and
manoeuvring areas. Currently, the site has no formal carparking on site for the business use. The
applicant has advised that due to on-going wet weather, they have been requiring their
employees to park on Boronia Road, rather than on the grassed areas of the property. The
Business Uses Code requires 6 on-site car spaces for the proposed use. The applicant proposes
to construct a car parking area to accommodate 6 cars for the employees situated to the north of
the existing driveway and adjoining the shed to the west. This will be conditioned as part of any
approval and given the use exists, a timeframe will be stipulated to ensure this is dealt with in an
acceptable timeframe.
The relevant Australian Standard (AS/NZS2890.1:2004) recommends that “reversing movements
to public roads shall be prohibited wherever possible” and therefore a relevant condition has
been included to ensure vehicles exit the site in a forward motion. A condition for the construction
of a complying access driveway will also be required.
The applicant advises that finished trailers are parked in the short term between the shed and the
proposed car parking awaiting delivery to the relevant client. Personal trailers associated with the
owner’s leisure activities are also stored on site. The trailers have limited visibility from the street.
The applicant advises that the trailers are mostly delivered to the client, but there are occasions
when the client picks up the final product. This results in minimal traffic generation, particularly
given that the construction of the trailers happen over a relatively long period of time.
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4. CONSULTATION
4.1. Referral Agencies
The application was not referred to any Referral Agencies.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering
Environmental Health Co-ordinator
Compliance Officer, Development Assessment
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. Two properly made submissions were received. The following table provides a summary
and assessment of the issues raised by submitters.
Matters Raised Comments
Noise generated as an adverse impact on The applicant has submitted a noise report prepared by
amenity and character of the area. Noise David Moore, which was updated to include the
associated with the business is audible installation of new metal cutting and clamping & bending
beyond the boundaries of the site. machines in December 2017 which has reduced the use
Noise report concentrates on properties on of angle grinders and saw cutting.
the eastern and western boundaries – no The noise report concentrated on the nearest residential
focus on other boundaries. The noise test boundary, and concluded that the ambient noise levels
coincided with an obvious reduction in noise. are less than 10 decibels and are not audible beyond
the boundaries of the site.
Council’s Environmental Health Co-ordinator reviewed
the noise report, concluding it is satisfactory.
Conditions relating to background noise levels and the
additional structural conditions etc. (enclosure of
eastern wall and partitioning of the noise sources off
from the construction area of the building) should further
manage noise. Operating hours have also been
conditioned.
Large trucks deliver aluminium and gas to the The applicant advises that deliveries occur twice a
site on a regular basis. Traffic associated with month (aluminium and gas). This is largely due to the
employees, clients picking up their purchase location of the business and the cost associated with
and specialists associated with the nature of more frequent deliveries. All waste is collected once a
the business (gas fitters, electricians etc.) fortnight. Boronia Road is a sealed road and ends as a
The roads are poorly constructed and cannot cul-de-sac and is of an appropriate standard for vehicles
handle delivery trucks. The traffic volume is associated with the business.
not in keeping with children riding bikes and
horses.
The proposed floor area exceeds the The proposed floor area is 360m 2 within the existing
allowable 300m2 (probable solution). Finished footprint of the shed. Given the size of the land and
caravans and trailers are stored outside to the separation from other dwellings in the area, and the
north of the shed and this constitutes use results of the noise assessment, this is of little concern
area (in addition to the shed) and toilets provided the footprint does not increase.
within the other shed increase use area. There is some temporary storage of trailers/caravans
outside of the building footprint awaiting delivery. This
area is limited view from Boronia Road and cannot be
viewed from any other boundary.
A condition will be placed on the approval limiting the
floor area to 360m 2, plus an area for storage of no more
than 2 trailers associated with the business at any one
time.
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Matters Raised Comments
Given the scale and nature of the The business is considered ancillary to the residential
development, the use should be defined as use. The proposal complies, or can be conditioned to
Industrial Business Type 2 – Production, comply with the perimeters in the Noosa Plan with
alteration, repackaging and repairing. regard to a Type 3 home based business.
Approving a Type 3 business in a residential
rural area sets a precedent. Heavy industry
should be located in an industrial area.
The business has grown in scale in the last 2 The site is positioned at the end of a cul-de-sac,
years. Prior to this, there was less activity on adjacent to parkland and the shed is 125 m from the
site. The development is likely to continue to nearest residence.
increase in scale and cause adverse amenity The proposal may be conditioned to ensure the
impacts in terms of the traffic and noise business remains at a suitable scale and it does not
generated. impact on nearby resident’s amenity.
The use is not compatible with the rural
residential amenity and character.
The business is not ancillary to the residential The Business Uses Code allows up to 6 persons
use as more than 6 persons will be attending (including the resident) associated with a Type 3 Home
the site due to deliveries and clients attending Based Business. Typically 4 staff attend daily and this
the site. number was observed during site visits. The proposal
complies with this.
The proposed hours of operation 7am-6pm 6 The hours of operation applied for are 1 additional hour
days a week does not comply with the per day of operation. The applicant has agreed to
specific outcomes which states that ‘the hours reduce the operating hours applied for to 7.30am-
of operation do not cause environmental 5.00pm Monday to Friday and 8.00am to 1.00pm on
nuisance to neighbouring residents’ Saturdays. The hours of operation exclude public
holidays.
This is generally consistent with the hours specified by
the Business Uses Code.
The noise report concluded that business operations are
not audible beyond the boundaries of the subject site.
Concerns with impacts on the environment The existing shed and entire property are not within a
with the storage of chemicals on site. flood affected area. The shed is also located on the
Particularly due to the fact that the site is highest point of the property along with other structures.
subject to localised flooding and the risk of In terms of chemicals on site, the trailers are
fire or spillage. constructed from aluminium and it has been advised
Significant rain events results in runoff going that the argon gas used for the welding is not
into a drain that borders the park. flammable, nor are there any fumes created that could
travel and be harmful.
A Bushfire Hazard report has not been The use is located within an area identified as potential
provided and hazardous substances are impact buffer in a bushfire hazard area. The use area is
stored on site. contained within a shed and separated 50m from the
bushfire hazard which is mapped as high potential
bushfire hazard. The use and works are located further
than 1.5 times the height of the predominated
vegetation in the hazard area, sufficient water supply is
located on site and in the event of a bushfire, the
evacuation route will not intersect the hazard area.
It is considered that reasonable conditions can be
applied to address the bushfire hazard requirements of
the Natural Hazards Overlay Code.
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Matters Raised Comments
It has been observed that cars associated Some employees have been parking on Boronia Road
with the business park on Boronia Rd. The to avoid parking on grassed areas during the wet
applicant has not indicated whether parking, season. Conditions of the development will ensure this
storage and manoeuvring areas are to be does not continue to occur. The applicant is required to
sealed and demonstrated that vehicles can provide 6 on-site car parks. The access and parking
enter and leave the site in a forward motion. should be designed to enable vehicles to enter and
leave the site in a forward motion.
It has been observed that the rubbish truck currently
reverses from the site and it is unlikely that it will be able
to manoeuvre on site due to its size. The rubbish truck
associated with the business visits once a fortnight and
Boronia Road is a cul-de-sac with the subject property
being the last in the road. There is no through traffic in
this location. Therefore, the impacts from this are
considered minimal in this case.
There is hooning on Boronia Road by This is a police matter and the residents have indicated
motorbikes and cars. that incidences have been reported.
Residents concerned with impacts on This is not a planning issue.
property values being close to a fabrication
business.
5. CONCLUSION & REASONS FOR DECISION
The applicant has applied for Type 3 Home Based Business seeking retrospective approval for
an existing business on the subject site. The proposal largely complies or can be conditioned to
comply with the Noosa Plan, including acoustic and visual factors. The exception to this, is an
exceedance in area associated with the use stipulated in Probable Solution S 54.1 of the
Business Uses Code. The home based business has been operating for 5 years and until
recently it has been operating without complaint. The additional area required for business
operations and associated car parking is not considered to impact on the amenity of the area as
there is sufficient existing vegetation and separation to adjoining dwellings. The proposal is
therefore recommended for approval subject to conditions contained within this report.
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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3 132002.220285.5 - OTHER CHANGE TO DEVELOPMENT APPROVAL FOR SHIRE
BUSINESS CENTRE - STAGE 1 TO PERMIT INDUSTRIAL BUSINESS TYPE 2
PRODUCTION, ALTERATION, REPACKAGING & REPAIRING (CAR WASH) AT 28
EENIE CREEK ROAD, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Development Planner, Wilhelm Koschade
Environment and Sustainable Development Department
Index ECM / Application / 132002.220285.5
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Mirose Pty Ltd
Proposal Other Change to Existing Approval to permit Industrial Business Type 2
- Production, Alteration, Repackaging & Repairing (Car Wash)
Properly Made Date 15 December 2017
Information Request Date 16 January 2018
Information Response Date 27 February 2018
Decision Due Date 18 May 2018
Number of Submissions Nil
PROPERTY DETAILS
Property Address 28 Eenie Creek Rd Noosaville Qld 4566
RP Description Lot 3 SP 246584
Land Area 26.053ha
Existing Use of Land Noosa Civic Shopping Centre
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville Locality
Zone Shire Business Centre
Overlays Not Applicable
Assessment Type Other Change to Existing Approval
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RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. 132002.220285.5 for an Other
Change to the Development Approval for Shire Business Centre – Stage 1 to permit Industrial
Business Type 2 Production, Alteration, Repackaging & Repairing (Car Wash) situated at 28
Eenie Creek Rd, Noosaville and:
A. Amend the description of the development in the Decision Notice to include the approved
use.
B. Approve a change to conditions 4.2 and 152 of the existing development approval to read
as follows:
4.2 The drawings approved for the development are (“Approved Plans”):
Q0201.01.1b/U - Site Plan
Q0201.01.b/U - Overall Site Plan
Q0201.02.1b/S - Retail Site Plan
Q0201.03.1/S - Retail Roof Plan
Q0201.04.1/S - Retail Elevation
Q0201.04.2/S - Retail Elevation
Q0201.05/S - Retail Elevation
Q0201.06/S - Retail Sections
Q0201.07/S - Retail Sections
Q0201.08/U - Showroom Site Plan
Q0201.09.1/T - Showroom Elevations
Q0201.09.2/T - Showroom Elevations
Q0201.10b/S - Commercial Site Plan
Q0201.11.1/S - Commercial/Business Elevations
Q0201.11.2/S - Commercial/Business Elevations
Q0201.15/S - Retail Environmental Control Systems
A090 Rev. 02 – Location Plan, December 2016
A200 Rev. 02 – Carwash Floor Plan, December 2016
A201 Rev. 02 – Carwash Roof Plan + RCP, December 2016
A210 Rev. 02 – Cashier/Laundry Floor + Ceiling Plans, December 2016
A212 Rev. 02 – Cashier/Laundry Roof Plan + Elevations, December 2016 (annotated)
A213 Rev. 02 – Cashier/Laundry Elevations, December 2016 (annotated)
A500 Rev. 02 – Overall Elevations, December 2016 (annotated)
152 Carparking for the proposed development shall be generally in accordance with the
approved plans and the following:
152.1 The provision of 978 spaces for the Retail Centre Component.
152.2 Showroom Component at a rate of 1 space per 36m² of showroom/
homemaker floor space TUA – 196 spaces.
152.3 Commercial/Business Component at a rate of 1 space per 23m² of
commercial/ business floor space TUA - 217 spaces.
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C. Include the following additional conditions:
Car Wash Facility
238 Waste water and stormwater management shall be in accordance with the Hydraulic
Services Plan and Stormwater Management Plans dated 27 February 2018
239 Contaminants or contaminated water must not be directly or indirectly released from
the premises or to the ground or groundwater at the premises except for:
i Uncontaminated Overland Stormwater flow;
ii Uncontaminated Stormwater to the stormwater system;
iii contaminants released to sewer under and in accordance with a trade waste
permit
240 Releases to water must not cause any visible oil slick or other visible evidence of oil
or grease, nor contain visible, grease, scum, litter or floating oil.
241 The Holder must ensure that:
i maintenance and cleaning of equipment (including vehicles and plant) is carried
out in an area where contaminants cannot be released into stormwater
drainage, a roadside gutter, a water or onto unsealed ground;
ii any spillage of contaminants is cleaned up immediately by a method other than
hosing, sweeping or otherwise releasing the contaminants into stormwater
drainage, a roadside gutter or a water.
iii incident rainfall and overland flow of stormwater does not contact contaminants
242 Any proposed signs, fences, landscaping and barriers (permanent or temporary),
particularly along the northern end of the car wash facility and excluding the approved
structures, must not obstruct sight distances or compromise the widths of existing
traffic lanes and parking aisles.
243 Appropriate line marking must be provided in accordance with the consulting
engineer’s recommendations to demarcate the proposed car wash area/s and the
allocated reserved parking spaces.
244 The works must be constructed in accordance with a Construction Management Plan
prepared by a suitably qualified person and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and
traffic control measures prior to construction.
ii. Maintenance of safe and unobstructed traffic environment near the
construction site.
iii. Maintenance of safe pedestrian access across the frontage of the
construction site both during daily construction and after daily
construction has ceased.
iv. Proposed fencing to the site during the construction phase of the
development.
v. Adequate parking arrangements for construction workers to minimise
impact on the customers and users of the parking areas.
vi. Maintenance and protection of water quality and existing drainage lines
through the construction site through the implementation of appropriate
erosion and sediment control measures.
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vii. 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.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application proposes to amend the existing development approval to facilitate a car wash
use on the Noosa Civic site. As depicted in Figure 1, the new use will be positioned within the
existing at grade car park north of the Noosa Civic shopping centre (mall). The proposed use will
result in a reduction in the number of car parks. A total of 14 existing spaces will be used to
accommodate a new building and 8 spaces designated for pickup/drop off of vehicles.
The applicant submits that the “…proposed carwash will provide hand washing, detailing and
vacuuming services for private vehicles. The proposed development will comprise a hand
washing area, vacuum and detailing area, laundry/store and P.O.S office, payment area and
eight (8) holding and drop off bays. The laundry/store and P.O.S office area is enclosed and
presents a maximum building height of 3.1m. The washing and detailing/vacuum areas are open
on three sides (except where adjoining the office) and covered by a lightweight roof structure,
extending to a maximum height of 3.94m. The customer payment area includes landscaping and
is partially covered by an extension of the office roof. The holding and drop off bays are to be
clearly identified as part of the carwash, remain open and retain existing landscaping.” A detail
layout plan is provided below in Figure 2.
Figure 1 – Proposed location of car wash use
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Figure 2 – Detailed layout of proposed car wash use
The applicant has submitted a stormwater and waste water management plan. The plans
indicate stormwater will continue to be discharged to the existing treatment device. A 100mm
bund is proposed around the perimeter of the washing area to prevent rainwater entering
wastewater. Waste water is discharged to a grated drain and treated onsite.
Noting the application is a change to the existing approval, the applicant seeks approval to
amend the description of the development permit including a change to the following conditions
as detailed by Table 1 below
Table 1 – Proposed conditions to be amended
Condition No. Detail
Condition 4.2 Update suite of approved plans package to include proposal plans of car wash use.
Condition 152 Update the provision of car parking spaces from a total of 1,413 space to 1,399
spaces. More specifically, update the total requirement for car parking spaces within
the retail car park from 1,000 spaces to 986 spaces to accommodate the net loss of 14
spaces.
2. SITE DETAILS
2.1. Background
The site is subject to a number of development approvals. The applicant provides further details
in this regard and states:
“The original development approval for Shire Business Centre – Stage 1 (Noosa Civic Stage
One) comprises a Negotiated Decision Notice issued by Noosa Shire Council on 14 August 2003
(approval number “22803 DA”). This approval was subject to a court judgement dated 15 May
2004.
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The development approval is for stage one of the Noosa Civic Centre which opened in 2006 and
includes a range of uses over the site with conditions regarding uses, infrastructure and car
parking. The original application was subject to Impact Assessment and required referral to the
Department of Main Roads and the Department of Natural Resources and Mines as advice
agencies, and the Environmental Protection Agency (devolved to Noosa Council) as a
concurrence agency.”
2.2. Site Description
The site is located at 28 Eenie Creek Road, Noosaville and has an area of 26.053 ha. The lot has
frontage to Eenie Creek Road to the north, Hofmann Drive to the west and Walter Hay Drive to
the east.
Existing development consists “…of the Noosa Civic Shopping centre which includes a large
scale indoor mall accommodating a range of indoor retail and commercial activities and a strip of
individual larger format retail to the north.”
An internal road provides circulation to the carparking areas to the centre of the site and
thoroughfare to Walter Hay Drive and Hofmann Drive.
2.3. Surrounding Land Uses
Various land uses adjoin the site including a combination of newly established industrial uses and
undeveloped vacant lots west of the site. A pocket of residential dwellings is located to the south
and other established industrial uses north of the site. The Noosa Domain Village is located to
the north east and the Noosa National Park to the east of the site.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the
application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development
Area.
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3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the
provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre. The
proposed use is defined as an inconsistent use in the zone and is required to follow an impact
assessable application process. The suitability of the use in the Shire Business Centre Zone is
further discussed below.
The Overall Outcomes for the Shire Business Centre Zone are detail below:
For the Shire Business Centre Zone—the Shire Business Centre—
i is a Major Activity Centre for the purposes of the SEQ Regional Plan, and the principle
business centre for Noosa, servicing Noosa-wide business and employment needs by
providing for a wide range of Business Uses as well as administrative, community, and
open space functions;
ii is a multi-function employment node forming the major focus of employment growth in the
coastal area of Noosa;
iii follows a logical sequencing of development consistent with the needs of the community
that is dependent on the—
A) timing and construction of the external and internal road systems;
B) dedication of a substantial area of open space; and
C) development of a substantive amount of non-retailing development for employment
opportunities beyond Retail business;
iv is developed at a low scale and density with distinctive and unique design elements,
determined by the setting and recognisable as a Noosa development;
v comprises buildings of low rise form separated by attractive and low key informal spaces
that are integrated with landscaping and open space areas;
vi has an outdoor focus, particularly for Retail business uses, office uses and Community
Uses;
vii provides for an inter-regional transit facility that functions as an integrated public transport
node, with pedestrian and bicycle paths and appropriate external connections;
viii provides visual and physical connectivity across and throughout the site;
ix is designed to ensure that peak traffic flows and access to the Shire Business Centre do
not impact on the wider functions of Eenie Creek Road and Walter Hay Drive;
x retains development capacity within the Shire Business Centre in the longer term to take
advantage of potential new employment opportunities;
xi is developed into precincts, as depicted on Schedule 4 - Shire Business Centre Map, which
include a dynamic mix of development with an appropriate integration of uses within each,
including—
A) Business Precincts (B1-B2), which provide for the highest order of retail development
in Noosa and comprises the retail core of the Shire Business Centre site, with
associated car parking generally located with Precinct B2;
B) Precinct B3, which provides for showroom and office development;
C) Employment Precincts (E1-E7) for future employment growth, which include 3
precincts (E1, E2, E3) with preferred themes to allow these precincts to take
advantage of new employment opportunities;
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D) A civic area located within Precinct E1, which provides for a range of civic uses and
functions;
E) An inter-regional transit facility in Precinct E6;
F) A Residential Precinct (RES), which provides residential support accommodation to
the other key precincts; and
G) A Minor Recreation/Minor Mixed Use/Open Space Precinct (REC/MU), developed for
the purposes of a minor recreation use or minor mixed-use development.
As depicted in Figure 3, the car wash is proposed within Precinct B2 of the Shire Business
Centre Zone which is designated for the use of car parking in support of retail development. The
proposed car wash does not undermine the function of the precinct for the provision of carparking
to support the adjoining retail development.
The proposed car wash is considered in keeping with the Overall Outcomes sought for the Shire
Business Centre in the Noosaville Locality Code. The predominant land use in Business Precinct
B1-B2 comprises retail development and retains this as the core function.
The proposed car wash facility is considered ancillary and subordinate to the carparking use in
the Precinct and considered complementary to the core retail use on the site on the adjoining
precinct.
Figure 3 – Noosa Shire Business Centre Precinct Map
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Land Use & Works Provisions
The application has been assessed against applicable codes and found to be generally
compliant. The pertinent issues arising out of the assessment against the codes are discussed
below.
Car Parking
The original development approval required the provision of carparking based on the following
ratios (based on total use area TUA of the various approved uses):
“Retail Centre at a rate of 5.4 spaces per 100m² of shop floor space TUA – 1000 spaces.
Showroom Component at a rate of 1 space per 36m² of showroom/homemaker floor space TUA
– 196 spaces.
Commercial/Business Component at a rate of 1 space per 23m² of commercial/business floor
space TUA - 217 spaces.”
These ratios were recommended by Council’s traffic consultant at the time of the original
application. The ratios considered the provision of a bus interchange on the site together with a
comprehensive network for pedestrian and bicycle paths.
The application seeks approval to reduce the provision of retail car parking by a total of 22
spaces (14 to accommodate building and 8 for the exclusive use of the car wash). Specific
Outcome O7 of the Driveways and Carparking Code requires “…sufficient carparking to be
provided to accommodate the number and type of vehicles likely to be generated by the
development having regard to the specifics of the use including –
a. The type and intensity of land use
b. Any existing parking available on the site
c. Hours of operation
d. Likely numbers of users
e. The peak parking demand periods of uses on the site
f. The availability of alternative carparking”
It is considered that the proposed car wash use will not attract any additional car parking demand
as the use is complementary and ancillary to the shopping centre. It is highly unlikely that the car
wash will attract customers that are not intending to visit the shopping centre. The applicant
suggests that the “…nature of the proposed use is to offer a car wash service, primarily to
customers/shoppers utilising the Noosa Civic Shopping Centre. The proposal is intended to
support and be supported by established retail and commercial activities within the locality.”
Although resulting in a minor reduction of car parking onsite, the proposed development is
considered to comply with the outcome of the code based on the following grounds:
The proposed development is not likely to increase carparking demand onsite;
It is considered and has been noted that there is sufficient carparking onsite to
accommodate customers during regular business hours;
The vehicles of customers who choose to utilise the car wash facility will be parked within
the detailing and wash bays of the car wash and therefore 14 spaces entirely have not
been removed or unable to be used; and
Although for the exclusive use of the car wash, the 8 spaces designated for drop off/holding
area will be retained for vehicle parking. It is considered that these spaces will be used by
customers intending to visit the mall as the car wash use is complementary to the shopping
centre.
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4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agencies:
Energex Limited
Energex Limited is an advice agency as the premise is subject to an Energex easement. The
Department has responded by letter on 10 January 2018 advising that they have no objection to
the proposal.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer
Environmental Health Officer
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No submissions were received.
5. CONCLUSION & REASONS FOR DECISION
The application proposes to amend the existing development approval to facilitate a car wash
use on the site. The new use will be positioned within the existing at grade car park north of the
existing large mall part of the Noosa Civic shopping centre. The proposed use will result in a
reduction in the number of existing and approved car parks and accordingly the application seeks
approval to amend condition 4.2 and 152 to accommodate the new use.
The proposed car wash is considered in keeping with the Overall Outcomes sought for the Shire
Business Centre in the Noosaville Locality Code with the predominant land use comprising retail
development as the core function. The proposed car wash facility is ancillary and subordinate
and considered complementary to the primary use.
Although reducing the total number of retail car spaces available, it considered that the proposed
car wash use will not attract any additional car parking demand and the vehicles of customers
making use of the facility will be parked within the proposed detailing and wash bays provided for
within the area of the car wash facility.
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 x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ATTACHMENT 1
Figure 1 – Location plan
Figure 2 – Carwash floor plan
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Figure 3 – Carwash roof plan
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Figure 4 – Elevations plan
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Figure 5 – Elevations plan
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4 MCU12/0012.02 - CHANGE TO THE DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE (HOME BASED BUSINESS - TYPE 3 - SIGNIFICANT SCALE)
SITUATED AT 298 TABLELANDS ROAD, COORAN
DOCUMENT INFORM AT ION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM/ Application/ MCU12/0012.02
Attachments Nil
APPLICATION DETAILS
Application No. MCU12/0012.02
Development Approval Change to a Condition of a Development Permit for Material
Change of Use - Home based business Type 3 - Significant Scale
(Quad Bike Tours)
Applicant Mr Charles James Marais
Request Received On 26 March 2018
PROPERTY DETAILS
Property Address 298 Tablelands Rd Cooran
RP Description Lot 2 RP 192052
Land Area 89516.93m2
Existing Use of Land The property is used as a base for a home based business whereby
visitors take quad bikes into the neighbouring National Park.
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Locality Mary River Catchment
Zone Rural
Assessment Type Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. MCU12/0012.02 to make a
minor change to an existing approval for Material Change of Use – Home Based Business Type
3 (Quad Bikes) situated at 298 Tablelands Rd Cooran and:
A. Agree to delete Condition 16; and
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
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REPORT
1. PROPOSAL
The applicant seeks approval to change to an existing development approval for Material Change
of Use – Home Based Business Type 3 (Quad Bike Tours). The approval includes a sunset
condition stating the approval lapses unless further extended by Council. The proponent seeks to
remove the sunset clause so the approval is ongoing.
The location of the site is shown in Figure 1 – Locality Plan below.
Figure 1 – Locality Plan
The application was received prior to the development permit lapse date of 31 March 2018 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.
2. BACKGROUND
A development permit for a Material Change of Use – Home Based Business Type 3 –
Significant Scale (Quad Bike Tours) was approved by Council at the Ordinary Meeting on 18
October 2012. Refer Figure 2 – approved plan of development.
At the time the application was publicly notified, 24 properly made submissions and 709 not
properly made submissions were received. The submitters raised a number of concerns
pertaining to both on-site and off-site impacts of the proposed business.
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.
A change to the development approval was approved 4 June 2015 to extend the approval date
for the use until 31 March 2018.
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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 (DEHP) 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.
Figure 2 – approved plan of development
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
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3.2. 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
constitute a minor change on the grounds that:
the change would not result in a substantially different development as it seeks to remove 1
condition only;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Mary River Catchment Locality and is zoned Rural. The existing
use is identified as a Home-Based Business Type 3 (Significant Scale), as the business is carried
out in an associated building and outdoor area on the lot to which the dwelling is located.
The home-based business use is identified as a consistent use within the zone, which was
subject to the impact assessment process. The Overall Outcomes of Mary River Locality Code
mention maintaining rural character, lifestyle and its primary use as agriculture. In particular,
Outcome 8.8.2 g) details that Home Based Businesses are promoted where they are consistent
with the amenity of the locality and environmental qualities.
The applicant has applied to remove a condition from the existing permit that specifies a lapsing
date of the use, as follows.
Condition 16
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
The applicant wishes to have an MCU with no expiry date. The applicant states: I have invested
a lot of time and money into the original application process with Council, to obtain a MCU on my
property. I applied for a MCU on my property and not a permit to operate. The permit to operate
the tours in the National Park was approved before making application for the MCU and was not
a decision to be made by Council. To date neither our business nor any overseeing departments,
including Council have ever received a complaint. The business has always adhered to all
conditions as set out in the MCU as well as those in our National Park and Queensland Police
Permits. I trust Council to assist my small business based on the proven success over the last
five years.
Assessment of Request
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. This
was also due to the fact there was significant community interest in the use at that time. 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.
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4. CONSULTATION
4.1. Referral Agencies
Not applicable.
4.2. Other Referrals
The application was not required to be forwarded to internal Council specialists.
5. CONCLUSION & REASONS FOR DECISION
Since commencing operation in 2013 the Quad Bike Tour business has operated in accordance
with Council’s conditions of approval and has not caused any significant impacts on the amenity
of the area or led to any complaints. The applicant’s request to delete Condition 16 to make the
development permit ongoing is therefore supported.
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
Page 73 of 125
Section 74
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
5 MCU16/0143.01 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
MULTIPLE HOUSING TYPE 4 - CONVENTIONAL AT 12 AND 14 SERENITY CLOSE,
NOOSA HEADS
DOCUMENT INFORM AT ION
Author Coordinator – Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU16/0143.01
Attachments 1. Summary of proposed plans
2. Summary of approved plans
APPLICATION DETAILS
Application No. MCU16/0143.01
Development Approval Development Permit for Material Change of Use of Premises - Multiple
housing Type 4 Conventional - 37 units
Applicant CBD Settlers Cove Pty Ltd
Request Received On 23 February 2018
PROPERTY DETAILS
Property Address 12 Serenity Close Noosa Heads
14 Serenity Close Noosa Heads
RP Description Lot 7 SP 195871
Lot 8 SP 195871
Land Area 6873 Square Metres
6573 Square Metres
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Attached Housing and Open Space Conservation Zone
Overlays Biodiversity Overlay - Riparian Buffer and Environmental
Enhancement Area
Natural Hazard Overlay – Slide Hazard, Bushfire and High Potential
Acid Sulphate Soils
Assessment Type Minor Change to Development Approval
Page 74 of 125
Section 75
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 May 2018 regarding Application No. MCU16/0143.01 to make a
minor change to an existing approval for Development Permit for Material Change of Use of
Premises - Multiple Housing Type 4 Conventional - 37 units situated at 12 and 14 Serenity Close
Noosa Heads and:
A. Approve the change.
B. Amend condition 2 to read as follows:
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 4A-4B- 100-B1 C Site Plan - Basement – Arkhefield 06.04.2018
DA 4A-4B- 100-L1 E Site Plan – Level 1 – Arkhefield 06.04.2018
DA 4A-4B- 100-L2 C Site Plan – Level 2 – Arkhefield 06.04.2018
DA 4A-4B- 100-L3 C Site Plan – Level 3 – Arkhefield 06.04.2018
DA 4A-4B- 100-L4 C Site Plan – Level 4 – Arkhefield 06.04.2018
DA 4A-4B- 100-R1 C Site Plan - Roof – Arkhefield 06.04.2018
DA-4A- 200-B1 C 4A Basement Plan – Arkhefield 06.04.2018
DA-4A- 200-L1 C 4A level 1 Plan – Arkhefield 06.04.2018
DA-4A- 200-L2 C 4A Level 2 Plan – Arkhefield 06.04.2018
DA-4A- 200-L3 C 4A Level 3 Plan – Arkhefield 06.04.2018
DA-4A- 200-L4 C 4A Level 4 Plan – Arkhefield 06.04.2018
DA-4A- 210-R1 C 4A Roof Plan – Arkhefield 06.04.2018
DA-4A- 300-01 D 4A Southern Elevation – Arkhefield 06.04.2018
DA-4A- 300-02 D 4A Northern Elevation – Arkhefield 06.04.2018
DA-4A- 300-03 C 4A Eastern Elevation – Arkhefield 06.04.2018
DA-4A- 300-04 C 4A Western Elevation – Arkhefield 06.04.2018
DA-4A- 400-01 C 4A Building Section – Arkhefield 06.04.2018
DA-4A- 590-01 C Pavilion - Gym & BBQ 01– Arkhefield 06.04.2018
DA-4A- 590-02 C Pavilion – Spa and Entry– Arkhefield 06.04.2018
DA-4B- 200-B1 C 4B Basement Plan – Arkhefield 06.04.2018
Page 75 of 125
Section 76
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
DA-4B- 200-L1 C 4B level 1 Plan – Arkhefield 06.04.2018
DA-4B- 200-L2 C 4B Level 2 Plan – Arkhefield 06.04.2018
DA-4B- 200-L3 C 4B Level 3 Plan – Arkhefield 06.04.2018
DA-4B- 200-L4 C 4B Level 4 Plan – Arkhefield 06.04.2018
DA-4B- 210-01 B 4B Roof Plan – Arkhefield 06.04.2018
DA-4B- 300-01 C 4B Southern Elevation – Arkhefield 06.04.2018
DA-4B- 300-02 C 4B Northern Elevation – Arkhefield 06.04.2018
DA-4B- 300-03 C 4B Eastern Elevation – Arkhefield 06.04.2018
DA-4B- 300-04 C 4B Western Elevation – Arkhefield 06.04.2018
DA-4B- 400-01 E 4B Building Section – Arkhefield 17.04.2018
DA-4B- 590-01 B 4B Ancillary Building – Arkhefield 20.02.2018
2017008-000 1 Stage 4A and 4B Landscape Masterplan – 05.04.2018
place design group
C. Delegate the powers of Council under the Planning Act 2016 for minor change applications
for this development to the Chief Executive Officer; and
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change an existing development approval for the approved
development at 12 and 14 Serenity Close, Noosa Heads. The changes primarily relate to a
changed external appearance. The applicant has advised that the key changes to the plans
include:
Alterations to external appearance of the building including additional articulation through
revised deck arrangements;
Alteration to roof form;
Alterations to internal unit layout;
Increased balcony areas and new ground level planters;
Reduced width of buildings;
Alterations to basement including removal of courtyards and additional tandem spaces;
Alterations to side boundary setbacks;
Improved grading and softening of landscape terraces to the west; and
Revised landscape recreation areas including relocation of gymnasium to pool area and
increased BBQ Pavilion for stage 4A.
Page 76 of 125
Section 77
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
The current proposal reduces the maximum building height of building 4A from 15.84 metres to
15.74 metres and also amends the areas of the building which are in excess of 15 metres. The
maximum height of building 4B is reduced from 15.525 metres to 15.49 metres.
It is noted that plans also include additional encroachment by the basement into the 6 metre rear
setback.
Accordingly the applicant seeks a change to Condition 2 of the approval which details the set of
the approved plans. It is proposed to replace the entire set of plans prepared by Blackburne
Jackson with proposal plans prepared by Arkefield.
The following images detail the subject site and surrounding locality:
Figure 1: Aerial photograph of the subject site and surrounding locality
Page 77 of 125
Section 78
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 2: Aerial photograph of the subject site
Figure 3: Applicable planning zones
A copy of the proposed site and elevation plans is included below; additional plans are detailed in
Attachment 1.
Page 78 of 125
Section 79
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 4: Proposed site plan
Figure 5: Proposed eastern and western elevations
Page 79 of 125
Section 80
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 6: Proposed western perspective including landscaping
Figure 7: Existing eastern and western elevations
Page 80 of 125
Section 81
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
2. BACKGROUND
A development approval for a Material Change of Use of Premises - Multiple housing Type 4
Conventional - 37 units was issued on 15 June 2017.
The approval provided for a four storey development in two buildings with a common access over
the two lots. Setback and height relaxations were granted. A summarised version of the
approved plans is provided in Attachment 2.
The site forms part of the Settlers Cove Master Planned Community and the lots have both been
approved for unit developments since March 2005. These previous approvals included design
concessions in terms of setbacks and building height over the sites.
3. 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
constitute a minor change on the grounds that:
the change would not result in substantially different development as the use remains the
same as that approved and the scale and bulk of the development remains generally
consistent with the current approval. There are no new uses proposed that would create
different or additional impacts;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new mattes prescribed by regulation; and
the proposed changes do not vary the level of assessment with the original development
application impact assessable.
4. ASSESSMENT
Given that the current application was approved in June 2017, there are no significant changes in
the matters that applied when the development application was initially assessed compared to
current requirements.
The applicable planning instruments that Council must have regard to are:
State Planning Regulatory Provisions;
State Planning Policies; and
2006 Noosa Plan.
The original approval was considered consistent with the higher order State Regulatory
Provisions and Planning Policies. The proposed design modifications will not substantially
change the existing approval and are still consistent with the higher order provisions.
The application was assessed under the 2006 Noosa Plan. There have been no significant
changes to this planning scheme relevant to the application since the original approval issued in
2017.
Page 81 of 125
Section 82
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Plans
A comparison of the proposal against the provisions of the current Noosa Plan and the existing
2017 approval is detailed in the table below:
Noosa Plan 2006 Proposal – Proposal Existing Approval
revised plans Compliance 2017
Population density – 250 persons/ha = 122.1 persons (37 Complies 122.1 persons
maximum population of 246.32 persons x 3 bedroom units) (37 x 3 bedroom
units)
Based on Attached Housing zone area:
Lot 7- 5185m2
Lot 8 - 4668m2
Total 9853m2
Gross Floor Area – 9250m2 Complies 9277m2
max pop x 40 = 9852.8m
Site cover - 40% = 3941.2 m2 33% Complies 35.7m2
Landscaping - 3663m2 5994m2 Complies >3700m2
60% soft landscaping 4215m2 Complies
Roof form - 5 degree minimum pitch and Roof pitch ranging Variation 4% roof pitch
600 mm eaves from 2 – 9.10
degrees.
Eaves provided Eaves provided
Boundary setbacks
Frontage -6.0m Complies Complies
Northern Side – half building height Areas of non- Variation 3.87m to 7.6 metres
Southern Side - half building height compliance similar
to approved
setbacks
Complies - minor Greater than 6.0m,
basement
Rear – 6.0m minor basement
encroachment as
encroachment
approved
previously
Building Height
• in storeys - 4 storeys max 4 storeys Complies 4 storeys
• in metres - 15 metres max 15.74 metres Variation 15.84 metres
Length of wall
• 15 metres with one design element • complies Complies • complies
• variation in roof forms • variation in roof • variation in roof
• segmented balconies forms forms
• segmented • segmented
balconies balconies
Carparking - 2 covered space per dwelling No change from Complies
unit and 1 space per 4 dwelling units for original approval
visitor parking
Page 82 of 125
Section 83
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Roof pitch
The revised plans detail a revised roof pitch of 2 degrees for the main roof form with secondary
roof lines of up to 9 degrees. The 2017 approved plans detail and approved a 4 degree main roof
pitch.
The revised roof form will not be imposing to the surrounding area and maintains variation
through different roof lines. Due to the overall height of the building, variation of the balconies,
multiple roof and eave lines the reduced roof pitch does not detract from the character of the area
or building.
Height
Council has previously agreed to relaxations on the site for height on the basis that the sites
slope down from the road and the buildings are set down below the road and are not visible to
the surrounding area. The revised plans reduce the maximum height of the building from 15.84
meters to 15.74 metres whilst also changing the areas of encroachment over 15 metres.
It is noted that encroachment is generally located to the centre of the building and will not be
readily visible. The project architect details that:
The overall encroachment is the same if not less.
The encroachment areas have not been increased they have been moved.
The encroachment has been pulled away from the street to reduce the visual impact.
The portion at the middle of the roof, is on a clerestory roof that is generally less visible
than the primary roof.
The following images and table provide a comparison of the intrusion above the 15 metre limit for
the existing approval and the current proposal for building 4A.
Figure 8: Approved building 4A – height blanket
Page 83 of 125
Section 84
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 9: Proposed building 4A – height blanket
Table 1: Comparison of points of intrusion above 15 metre height limit
The following images demonstrate that the maximum height of building 4B has slightly decreased
with the total area of roof form above 15 metres being consistent with the original approval.
Page 84 of 125
Section 85
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 10: Approved building 4B – height blanket
Figure 11: Proposed building 4B – height blanket
The minor changes to the areas of encroachment are considered negligible, particularly as both
the buidlings have decreased in overall height and that a signiicant area of the encroachment for
building 4A has been moved from the perimter of the building. Furthermore an amended building
form which indroduces an amended external building appearance and increased articulation
through the amended deck arrangments provides for a building of visual interest.
It is noted that the buildings are approximately 5 and 6.5 metres lower than the exsting building
on the adjoinign property at 10 Serenity Close.
Based on the above the alterations to the building height are supported.
Setbacks
As part of the refinement of the proposal plans the applicant has revised the side boundary
setbacks in relation to height. The areas of non-compliance are still minor and reflective of the
existing approved setbacks while still providing sufficient area for landscaping and building
separation.
Page 85 of 125
Section 86
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
The applicant has provided the following grounds in support of the proposed changes:
there are no significant changes to the built form in terms of scale, bulk and appearance,
there is no increase in the number of units or population density of the development;
the building design is consistent with the character of the area,
there are no changes in traffic generation and therefore no additional impacts on the
existing driveway access;
the areas of non-compliance are minor and are consistent with the current approvals
relevant for the site;
the proposed changes are consistent with the existing development conditions;
and the revised plans provide a building with greater articulation and usable landscaped
areas.
The applicant’s grounds are generally supported and it is also noted that as per the original
variations provided that the reduced setbacks will not result in amenity loss or a negative impact
on the streetscape.
The application also seeks a further intrusion for the basement of building 4B into the 6 metre
setback to the vegetated Private Open Space for Conservation and Waterways Protection
(POSCWP) land to the west. The following images detail the additional area of minor intrusion:
Figure 11: Basement plan for building 4B – POSCWP encroachment
Page 86 of 125
Section 87
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 MAY 2018
Figure 12: Part basement plan for building 4B – POSCWP encroachment
The proposal seeks to vary the 6 metre setback to the rear POSCWP by intruding into the
setback between 969mm and 1.28 metres. This relates to a small section of the basement which
protrudes above the ground. Predominantly the proposal accords with the rear setback
requirement and will not result in the removal of vegetation. The variation does not cause conflict
with the bushfire requirements. The setbacks are considered to meet the Specific Outcomes of
the Noosa Heads Locality Code and will not negatively impact upon the streetscape of Serenity
Close or adjoining properties.
5. CONCLUSION & REASONS FOR DECISION
The application seeks to make changes to the form of the development with the number of
dwellings and the density remaining the same as the original approval. Whilst the proposed
changes result in minor variation to the roof pitch, change to the area of roof which encroaches
above the 15 metre height limit, and minor variations to existing setback variations, the
development remains generally consistent with the existing approval. No concerns are raised
with respect to the reduced setbacks or the building height which is consistent with previous
approvals for the sites and approved development on an adjoining allotment. The proposed
buildings are setback in accordance with the conditions of the lot reconfiguration from the Private
Open Space area with the exception of a small area of basement on Lot 8. There are no issues
with regards to Gross Floor Area and Site Cover.
It is therefore recommended that the application be approved.
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
Page 87 of 125
Section 88
ATTACHMENT 1
Page 88 of 125
FOR APPROVAL
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Page 90 of 125Section 91
Page 91 of 125
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Page 91 of 125Section 92
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