2018-05-08 Planning & Environment Committee Agenda

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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