DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL BUSINESSES -TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP AND RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) at 115 EUMUNDI NOOSA ROAD NOOSAVILLE (MCU15/0095 & REC15/0022)

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL BUSINESSES -TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP AND RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) at 115 EUMUNDI NOOSA ROAD NOOSAVILLE (MCU15/0095 & REC15/0022)

Document information

Author	Coordinator Planning, Denis Wallace
Planning & Infrastructure Department

Index	ECM / Applications / MCU15/0095 & REC15/0022

Attachments	1. 	Proposal Plans
2. 	Air Quality Assessment Report
(2 x copies of Attachment 2 provided in Councillors’ Room)

APPLICATION DETAILS
Applicant	Synergy Property Partners
Proposal	Material Change of Use of Premises - Retail Business Type 2 Shop and Type 5 Vehicle Uses; & Reconfiguring a Lot – 1 Lot into 2 Lots and Access Easement
Properly Made Date	27 October 2015
Information Request Date	06 November 2015
Information Response Date	26 November 2015
Decision Due Date	24 March 2016
Number of Submissions	357 Properly Made 4 Not Properly Made
PROPERTY DETAILS
Property Address	115 Eumundi Noosa Road Noosaville  Qld  4566
RP Description	Lot 30 SP170751
Land Area	5,019m2
Existing Use of Land	Vacant
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Low Potential Acid Sulphate Soils Area
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 19 April 2016 and refuse Application No. MCU15/0095 & REC15/0022 for a Development Permit for a Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots, situated at 115 Eumundi Noosa Rd, Noosaville for the following reasons:
The service station poses unacceptable risks to human health, safety and wellbeing at adjacent existing uses, in particular to children using directly adjacent school facilities.
The development provides insufficient buffers to adjacent extremely sensitive school uses.
The development conflicts with The Noosa Plan’s Noosaville Locality Code and Business Uses Code as it is incompatible with, and has the potential to adversely impact on, the adjacent school users.
The service station is unable to contain emissions within the site, as sought by The Noosa Plan for sites adjoining community uses.
A precautionary approach should be applied pursuant to the Sustainable Planning Act 2009, given the development’s significant health and safety risks for adjoin the adjoining sensitive uses.

REPORT
PROPOSAL
The application seeks approval for a Material Change of Use of premises for a service station and retail shop and Reconfiguring a Lot to subdivide the existing lot into 2 lots and an access easement. The service station and shop comprises:
a 254m2 service station building
a refuelling canopy over 3 refuelling bowsers with 6 filling positions
180,000L of underground fuel storage tanks
10 car parks and 2 motorcycle spaces
1 Loading service bay and screened bin enclosure
The applicant does not nominate the area of the service station’s retail shop component but it is approximately 100m2. The business is proposed to operate 24hrs a day, 7 days a week. The application includes a preliminary landscaping plan indicating landscape areas to most of the site’s Walter Hay Drive and Eumundi Rd frontages. An extract of the proposed site plan and an architectural perspective are shown in Figures 1 and 2 below.

Figure 1 – Proposal Plan Extract

Figure 2 – Architectural Perspective

The subdivision component of the application seeks to divide the existing 5,018m2 lot into 2 lots, as indicated in Figure 1 above.  The proposed lot sizes are 2,915m2 (Lot 1 to contain the service station) and 2,104m2 (Lot 2 balance lot).  An access easement is proposed over a common access driveway off Eumundi Road, with this intended to be the only future access point for both lots.  The entrance driveway is positioned just to the south of an existing 33kV power pole within the road reserve.

The site is zoned Industry, with the service station use identified as consistent within the zone under The Noosa Plan and the shop use identified as inconsistent.  The application is before Council due to the inconsistent use component, the number of public submissions received for the application (367) and the recommendation for refusal of the application.

site details
Background
The site formed part of the former Noosa Council depot, which was reconfigured in 2004 into six parcels (five to the south of Walter Hay Drive) and the road reserve for Walter Hay Drive North.  The Lutheran Church purchased the lot from Council in 2008.

A development application for a Material Change of Use for a fast food restaurant (Hungry Jacks) and Reconfiguration of a Lot (1 into 2 lots and access easement) on the site was lodged in June 2011 but was withdrawn in September 2011.

A pre-lodgement meeting was held with the applicant to discuss the current proposal on 7 July 2015, which identified matters to be addressed in an application.
Site Description
The site is a 5,018m2 irregularly shaped allotment sitting to the east of the intersection of Eumundi Noosa Road and Walter Hay Drive.  The site has 157m frontage to those roads and the major roundabout at their intersection.

The site slopes gently southwest at around 4 degrees toward Walter Hay Drive.  The majority of the frontage has been retained by a small retaining wall near the boundary to about 600mm high, as shown in the street view below.

Figure 3 – Street View

The lot is mostly cleared but contains some scattered stands of native trees including bloodwoods, melaluecas and casurinas, with a number toward the site’s frontage.  A locality plan is shown in Figure 4 below and an aerial photograph of the site and surrounds is shown in Figure 5.

Figure 4 – Locality Plan

Figure 5 – Aerial View
Surrounding Land Uses
An ENERGEX substation abuts the site to the northeast.  The Good Shepherd Lutheran College abuts the site to the southeast.  A mix of industrial, commercial, vehicle and medical uses are to the northwest, west and southwest across Eumundi Noosa Road and Walter Hay Drive.  A mixed use service station, industrial and retail development has been approved over 2 lots across the intersection to the southwest, with that site fronting both Eumundi Noosa Road and Lionel Donovan Drive.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policy
The development is within a mapped potential acid sulphate soils area and triggers assessment against the State Planning Policy in regard to Water Quality.  This aspect is assessed in Section 3.3 of this report, with the development able to comply, subject to appropriate conditions.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies and Regulatory Provisions of the SEQ Regional Plan.
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 and would otherwise be subject to code assessment, however, the retail shop component is identified as an inconsistent use and the application is therefore required to follow an impact assessable application process.
Locality Provisions
The retail shop component raises conflicts with the uses sought within the zone.  Generally speaking, The Noosa Plan seeks to avoid retail shops (of the type normally expected within shopping centres and retail shopping strips) from the Industry zone.  Overall Outcome 11.8.2 (y) of the Noosaville Locality Code states:
For the Industry Zone—land in this zone—
… 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;
Given the retail shop use’s planning conflict, the Sustainable Planning Act requires the assessment to identify sufficient grounds to overcome the conflict for the application to be supported.  The applicant’s submits the following grounds in support of the retail shop:
The proposed use is considered to be an appropriate and reasonable form of development within the area in which it is located.
The proposed development is of a type, scale and intensity that is consistent with a reasonably anticipated service station type development.
The proposal will comprise high quality, improved landscaping which is considered to soften the visual impact on the hard surface areas and improve the current appearance of the site.
The existing vegetated buffer is to be continued along Walter Hay Drive and established trees are to be retained where possible.
The proposal is considered to significantly improve the visual amenity of the existing site and adjoining area by incorporating modern architectural qualities, improved landscaping and upgraded street frontages.
The application demonstrates compliance with all relevant local and state provisions including all relevant codes.
It is agreed the retail shop component is an ancillary and commonly expected component of a modern service station development. The convenience retail role of service stations has largely replaced traditional corner stores, which have all but disappeared, and now form an important part of the retail network to meet residents’ needs. The site is located on Eumundi Noosa Road, a major arterial road, and will serve the high levels of passing traffic. Whilst the development will probably compete with a recently approved service station on the opposing corner of Eumundi Noosa Rd and Walter Hay Drive (MCU14/0102.02), this is not a significant matter for the assessment, given the service station is a consistent use within the zone. At around 100m2, the retail shop component will not significantly detract from the site’s overall industrial function, nor the Industry zone more broadly, and it will not have a significant impact on Noosa’s existing retail centres.
Specific Outcome O1 of the code concerns the compatibility of new uses with existing development, it states:
O1 Uses are 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.
Significant concerns are raised in regard to this outcome due to the service station’s location adjacent to the Good Shepherd Lutheran College.  This issue is discussed in detail in Section 3.4 of this report.
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
Reconfiguring a Lot Code
The application has been assessed against each of the above applicable codes.  The primary issues arising out of the assessment against the codes are discussed below:
Code	Discussion
Business Uses Code	The development can broadly meet the provisions of the code, subject to the conditions ensuring compliance with a range of outcomes including, layout, pathway connections, waste, landscaping and access.  It does, however, raise significant concerns with health and safety discussed  in Section 3.4 of this report.
Driveways & Parking Code	The development provides 10 car spaces, 2 motorbike spaces and a loading zone in addition to the bowser fill-up positions, which is considered sufficient to cater for the parking demand for the use and meets the outcomes of the Code.  Vehicle manoeuvring areas are sufficient for all vehicles that will access the site, including tankers.  The long entry driveway provides an on-site queuing length of around 50m and will avoid off-site impacts from queuing.
Reconfiguring a Lot Code	The development meets the provisions of the Code, with both proposed lots exceeding the minimum 1,000m2 lot size required for Noosaville’s Industry zone.  The common driveway location avoids multiple accesses in proximity to the Eumundi Noosa Road/Walter Hay Drive roundabout.  Conditions can be applied to address frontage works, access provisions, and the like.
Landscaping Code	The proposal meets minimum landscaped area and setback requirements under the Code, with the service station site providing double the required 15% landscaped area at 30% of proposed that lot.  Some removal of existing trees on the site will be required but there is opportunity to retain approximately 10 within the site frontage.  An extract of the submitted preliminary landscaping code is shown in Figure 6 below.

Figure 6 – Preliminary Landscaping Plan Extract
Overlay Provisions
The site is within a Low Potential Acid Sulphate Soils Area, being approximately 9.0m AHD at its lowest level.  Given the extensive earthworks required for the underground fuel storage tanks, conditions are recommended requiring further soil assessment and the implementation of an acid sulphate soils management plan for the site, if necessary, prior to commencement of any earthworks.
Primary Assessment Issues
Health Impacts & Sensitive Adjacent Land Uses
The development raises concerns due to its location beside the Good Shepherd Lutheran College and associated health, wellbeing and safety risks.  Outcome O1 of the Noosaville Locality Code states:
Uses are 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.
Overall Outcome 11.8.2 (a) for the Noosaville Locality includes:
New uses and works are located, designed and managed to—
i 	be compatible with other uses and works;
ii 	maintain the safety of people and works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; …
Outcomes O65, O66 and O76 of the Business Code state:
O65 Industrial business is conducted in an ecologically responsible manner, operating without deleterious impacts on immediate, surrounding or downstream environments and ecological processes, including avoiding the release of pollutants that would adversely affect the quality of the land, air or water.
O66 Where adjoining an existing residential use or a community use or land included in a residential zone any emissions of odour, dust, air pollutants, noise, light or vibration does not spread beyond the site boundaries.
O76 Service stations are located only where they are compatible with the existing and proposed amenity and development of a neighbourhood and where they are appropriate given the existing or likely future traffic movements in the area.
Overall Outcome 14.11.2 (b) includes:
Business Uses meet the needs and expectations of the Noosa community in terms of providing—
…
iii 	development that is compatible with the existing character and amenity of the streetscape and surrounding area;
…
vii 	safety and security for property owners, employees and patrons;
The development raises significant concerns with the health and safety of children and others at the Good Shepherd Lutheran College uses, specifically:
A toddler / learn-to-swim pool located approximately 5m from the common boundary;
An open air 25m long swimming pool located approximately 16m from the common boundary; and
A gymnasium located approximately 3m from the common boundary.
Volatile Organic Compounds (VOCs) in fuel vapour are known to have long-term health effects and include benzene, a known human carcinogen also present in tobacco smoke and car exhaust fumes.
The Noosa Plan does not provide specific assessment provisions relating to airborne fuel vapour or prescribe buffer distances for service stations from adjacent uses.  Many older existing service stations in Noosa abut residential properties and provide minimal buffers. However, the proposed development raises unique considerations, with the adjacent uses considered extremely sensitive because they involve young children, including toddlers and babies.
The separation distances to the nearest congregation areas for children are approximately 35m (toddler pool), 47m (25m pool) and 41m (gymnasium) as indicated in Figure 7 below. The balance of the school is buffered by a carpark and the nearest classroom is approximately 124m from the bowsers.

Figure 7 – Separation Distances to School
A review of available planning guidelines for buffer distances to service stations did not reveal any statutory material applicable to the development, with environmental controls under the Environmental Protection Act requiring air quality limits to be met on site.
A 2010 study by the University of Murcia, Spain suggests provision of a minimum buffer of 50m, with 100m preferable to sensitive receivers such as schools (citation: Isabel M. Morales Terrés, Marta Doval Miñarro, Enrique González Ferradas, Antonia Baeza Caracena, Jonathan Barberá Rico. Assessing the impact of petrol stations on their immediate surroundings. Journal of Environmental Management, 2010; 91 (12): 2754), though there is uncertainty to what extent the study applies to Australian conditions or reflects the environmental controls applied to service stations under Queensland’s Environmental Protection Act.
The most contemporary Queensland Local Government planning scheme dealing with the issue is the Brisbane City Plan 2014.  Its Service Station Code, Outcome O7, prescribes air quality and odour criteria and allows an air quality impact report to be undertaken in accordance with an associated Planning Scheme Policy to demonstrate compliance.
The issue of airborne hazards was initially raised with the applicant in Council’s Further Information Request, to which the applicant responded:
Benzene as an active constituent of Motor Spirit is 1% [volume/volume] as legislated in Australia. This is a minor fraction of total chemical compounds in Motor Spirit. With the advent of modern VR1 systems and fibreglass underground tanks the vapour fraction escaping to the environment has reduced to extremely low levels that poses no detrimental health impacts to those living in close proximity to Petrol Stations.
The refuelling canopy is some 46m to the boundary with the school that backs onto the sports hall and swimming. There are no classrooms within at least 100-150m of the petrol station. This separation distance alone is more than sufficient to neutralise / dilute any minor trace benzene particulates to such a degree and to be undetectable.
Upon review of the public submissions Council issued an additional information request about the issue, with officers previously unaware of the toddler pool location.  The request noted the extremely sensitive adjacent uses and requested the applicant demonstrate compliance with the Brisbane City Service Station Code Outcome O7 and provision of an associated air quality impact assessment.
The applicant responded on 15 February 2016 submitting an Air Quality Assessment prepared by its consultant, Air Noise Environment Pty Ltd (included as Attachment 2 to this report).  The assessment modelled fuel emissions using Ausplume, a recognised modelling tool for regulatory assessments.  The report indicates conservative modelling assumptions have been made and finds peak emissions of VOCs to be those for benzene at approximately 30% of annual criteria set under the State’s Environmental Protection (Air) Policy 2008.  All other VOCs are modelled at well within air quality criteria limits.
Council engaged MWA Environmental to undertake a peer review of the applicant’s Air Quality Assessment.  Their review found the overall methodology undertaken was reasonable and had adopted suitable air quality objectives.  MWA noted the modelling used CSIRO TAPM software rather than local observation data and it considers incorporation of data for the Tewantin meteorological station would have been reasonable.  However, it notes:
… based upon our review of the meteorological dataset applied to the dispersion model and considering our overall review, the assessment outcome is unlikely to be sensitive to incorporation of otherwise of the Tewantin observation data.
That is, given peak emissions for benzene are approximately 30% of maximum criteria, use of Tewantin weather data would not be likely to cause a difference of a magnitude that would result in emissions exceeding the criteria.
Notably, the Assessment also indicates the applicant is willing to incorporate Stage 2 vapour recovery.  MWA Environmental finds:
The service station is proposed to incorporate Stage 1 and Stage 2 vapour recovery systems to minimise emissions from the following processes:
Stage 1 Vapour Recovery - Essentially a ‘vapour balance’ system which pipes air displaced from the underground storage tanks back into the tanker truck when filling.  Significantly reduces the emission ‘peak’ that would occur during filling of the underground storage tanks without the system.
Stage 2 Vapour Recovery - Refuelling nozzles (handles) incorporate a seal and pipe connected to a vacuum pump to return air displaced from vehicle fuel tanks when filling back into the underground storage tank. Significant reduction in the emissions that occur during vehicle refuelling.
The proposed Stage 1 and Stage 2 vapour recovery systems represent best-practice emission control for a service station.
MWA’s review concludes:
Overall, it is considered that the air quality report adequately demonstrates that the proposed service station satisfies Performance Outcome PO7 of the Brisbane City Plan 2014 Service Station Code, as required by the Noosa Council Request for Additional Information.
Conditions could be applied to an approval to address the development’s operation and could include:
Requirement for incorporation Stage 1 & Stage 2 fuel vapour recovery;
Maximisation of buffer for fuel storage tank vents from school boundary;
Provision of tall screening vegetation (such as Elaeocarpus eumundii)  between the bowsers and the school boundary to aid in vapour plume dispersal;
Monitoring of operational emissions to ensure air quality objectives are met;
Extensive standard conditions applying to service station developments to address Workplace Health and Safety Queensland and Environmental Protection Act requirements; and
Requirement for a disaster management plan;
Such measures would seek to achieve best practice for a service station development.  In particular, Stage 2 vapour recovery (containing refuelling vapours from bowser nozzles) is a control not currently seen in the Noosa area.  Despite measures that may be incorporated, the use will still result in increases in harmful emissions in close proximity of the school’s facilities where children congregate.  It is also important to note the assessment of health risks for this application has not been exhaustive.  Some concerns remain regarding other ingestion pathways for VOCs (other than inhalation) such as via pool water ingestion or contact, but this is beyond the expertise of specialists involved to date and would require studies by other medical/chemical specialists.
The extent of workplace health and safety restrictions applied to service stations also reflects their significant safety risk.  Whilst the likelihood of a fuel explosion at a new development may be low, the result at this location could be catastrophic.
A true best practice land use planning approach is to avoid the close proximity of the service station to the school. The Sustainable Planning Act provides for the application of a precautionary principle when considering development and describes it as: the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage.
Given the proximity of very young children to this development it is considered appropriate to apply a precautionary principle to avoid the service station use on the site due to the risks to their health and safety.  The development is considered to conflict with the Specific and Overall Outcomes of the Noosaville Locality Code and Business Uses Code that seek to ensure new uses are compatible with existing uses and do not introduce unacceptable impacts or risks.
Traffic
Public submissions to the application raise concerns the development may exacerbate existing traffic congestion in the area during school during drop off and pick up times for the Good Shepherd School.  Council’s Transport and Traffic Planning Section indicate they have concerns with existing congestion in the area as well as the potential impact of the loss of the site for informal parking currently used by the school.  Council officers have met with the school and members of the local Traffic Advisory Committee and would prefer the owner place the application on hold until off-site traffic issues associated with the development are further discussed.  However, this is outside the assessment framework for this application and no such direction has been received from the owner or applicant.  It is also important to note the site does not form part of the required car parking for the school under existing development approvals.
The assessment of traffic issues for this application finds:
Primary traffic congestion issues in the area at peak school times are observed at the school entrance off the Goodchap Street roundabout 100m to the north of the site, with the location of the development access unlikely to have significant impacts on traffic flow.
The traffic generation of the development is commensurate with development expected on the site under The Noosa Plan’s provisions.
The driveway location provides the maximum available buffer distance from the Walter Hay Drive roundabout and the left-in, left-out arrangement is appropriate to minimise traffic impacts.
The long driveway entrance of approximately 50m provides sufficient vehicle queuing distance to avoid offsite traffic conflicts resulting from customer fuelling or bulk refuelling trucks.
Refuelling times could be conditioned outside of peak school traffic times.
As such, the development is not considered to raise unacceptable traffic impacts.
Noosa Plan Amendments
Draft amendments to The Noosa Plan are being considered by the State and are expected to take effect later this year.  The amendments have been reviewed and do not alter this assessment in any significant ways.
cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Advice Agency - ENERGEX
ENERGEX is an advice agency for application due to the site’s proximity to the neighbouring electrical substation.  It provide its Advice Agency response by letter dated 17 December 2015 requesting Council apply conditions to any approval requiring a survey of the 33kV power line that traverses the northern corner of the site and the creation of an electrical easement for the line.
Other Referrals
The application was forwarded to the following internal Council specialists:
Senior Environmental Health Officer
Environmental Health Coordinator
Development Engineer
Coordinator Waste
Public Notification
The application was publicly notified for 15 business days between 30 November to 18 December 2015 in accordance with the Sustainable Planning Act 2009.  357 properly made and 4 not properly made submissions were received.  Two properly made submissions attached petitions including a total of 151 signatures.  All submissions object to the development and the vast majority came from parents, students and the broader school community.  The public response represents a significant reaction by the school community, given the total current students at the school is around 750.  A submission was also received from the Noosa Parks Association.  The following table provides a summary and assessment of the issues raised by submitters.

Issues	Comments
Health & Safety The service station and its gas and underground fuel tanks directly adjoin high usage community facilities and the existing HV Electricity substation. Adjoining facilities include an open air swimming pool and toddler pool, school class rooms including the HPE Centre and Music rooms which see continual school use. Health and safety impacts of toxic fumes from inhalation (benzene, the mixing of petrol chemical fumes with chlorinated pool fumes and its documented links to cancer), potential for fire and gas explosions exhibiting unreasonable risk to life. Up to 900 children could potentially be affected by the proposed development, as well as staff and community members. The community facilities are in use weekdays from 6am until 7.30pm and on Saturdays also. There are children in local area with existing respiratory health issues and there are concerns due to potential traffic increases and fumes from the service station. The HPE Centre [gym] has a series of high level air intake louvers facing the site. If a “vapour wall” is built there is nothing preventing the fumes going over the barrier into the HPE Centre. Concern for families and staff that use the Day Care Centre. Exacerbated health and safety risks due to close proximity to the power station, Telstra facility and additional proposed service station. The proposed use is inappropriate for the area considering other surrounding land uses of community services, housing, open space and recreation zones.	The development is able to meet air quality criteria, such as in the Environmental Protection (Air) Policy but still results in emissions from the site.  The Noosa Plan seeks to ensure new uses are compatible with existing uses and, specifically, that emissions do not result from development adjoining a school use. The proposal is considered to have unacceptable risks to the health, wellbeing and safety of children and others at the school.  A precautionary approach to avoiding the service station use on this site is recommended.
Traffic The proponent and the QTraffic report has failed to take into account relevant information including increased traffic volume in already congested peak hours and increased volume of local traffic at the Walter Hay Drive roundabout and the adverse traffic impact on the community members including cyclists. The site would be better to use as school parking as it currently is used as an overflow car park area for upwards of 40 cars per day. The proponent’s Traffic Management Plan has problems with buffers from the Good Shepherd Lutheran College. The applicant failed to provide an adequate response to Noosa Council’s information request in regard to queuing in the road and traffic conflict in the shared access area (easement) for peak school commute times. There are not enough pedestrian crossings.	Concern regarding existing congestion in the area at peak school times is acknowledged.   However, the traffic generation levels are commensurate with consistent commercial development allowed on the site by The Noosa Plan. Whilst alternate uses of the site may generate less traffic movements and/or help to ameliorate school parking issues, that is a matter for the owner. Queuing lengths within the development are significant at approximately 50m and are acceptable.
Land Use A service station right next to a school is unheard of in Noosa.  It would be wrong regardless of orientation, visual barriers, stand-off distances, etc. Noosa Council as Assessment Manager has the duty to adhere to the precautionary principle as set out in the Sustainable Planning Act 2009 It should be refused on the grounds of public interest.	It is agreed the development raises concerns with health and safety which conflict with associated outcomes of The Noosa Plan and for which a precautionary principle to avoid the development should apply.
Need There is no community need for another service station due to Council having already approved another service station on Walter Hay Drive. The current approved service station is also a more acceptable distance from the school.	Need for the service station use has not been assessed because it is identified as a consistent use on the site under The Noosa Plan.
Commercial Impacts Concerns with impacts the proposed development will have on small business. There aren’t sufficient grounds for the approval of the shop.	The retail shop component is considered an ancillary component commonly expected with a modern service station.  The development would service the needs of passing traffic on Eumundi Road.  It is likely to compete directly with the approved service station and retail shop adjacent to the southwest on Eumundi Road but should not have significant impacts on other businesses, with limited convenience retail facilities in the surrounding area.
Commercial Gain The school board should not benefit from the sale of land that was bought from Noosa Council at a reduced rate due to its use for community purposes.	Not a matter for this assessment.
Acoustic & Visual Amenity General amenity of the local area would be compromised.  The proposed development would impact acoustic and visual amenity including: Residents of surrounding area including the retirement village Pedestrians School children whilst studying Other amenity concerns raised  include: Safety concerns regarding strangers loitering around the proposed service station conducting possibly unlawful activities Excessive lighting emitted from proposed service station Impacts to the visual amenity of Walter Hay Drive, where the school is in a ‘green zone’.	The development is not considered to raise any acoustic, visual amenity or spill light concerns that cannot be addressed by conditions. Loitering at the development is not considered a reasonable concern for the development type or its proposed design.
Public Notification The Notice of Commencement was too short a timeframe for Public Notice advertising at Eumundi Noosa Road.	The 15 business day public notification complied with statutory provisions of the Sustainable Planning Act.
Habitat Concerns for natural environmental impacts including, native habitat removal, fragmentation and attrition.	Vegetation removal on the site is relatively minor and reasonably expected, given the industrial zoning.  The vegetation present does not have significant habitat or connectivity values.
conclusion
The application seeks approval for a service station with an included retail shop component.  The service station is a consistent use within the site’s industrial zoning and the development would be broadly supportable on sites elsewhere in the zone but raises specific concerns due to its location adjoining the Good Shepherd Lutheran College.  The Noosa Plan seeks to ensure new uses are compatible with existing uses, avoid impacts on air quality and amenity, and contain emissions within sites adjoining a community use.

The service station use proposes best current practice vapour recovery methods and can be conditioned to achieve best practice in a number of other ways.  However, harmful emissions are unable to be fully contained within the site and some degree of hazardous pollution is necessary for the development to occur.  The site is in very close proximity to uses highly sensitive to potential health impacts, being the school’s toddler pool, 25m pool and gymnasium.  All of which are within 50m of the proposed fuel bowsers.  Given the highly sensitive adjacent uses involving very young children and the potential outcome from a fuel explosion, best practice land use planning is to avoid the service station use at this location.

This assessment is also unable to be exhaustive about the potential health risks in association with fuel vapour’s interaction with pool water, ingestion or contact with pool water, and the like.  As the hazards of fuel constituents to human health are known and the adjacent uses involve young children most at risk, it is appropriate that a precautionary approach be applied.

The development’s siting and emissions are considered to conflict with The Noosa Plan’s Noosaville Locality Code and Business Uses Code and the application is recommended for refusal, with detailed reasons listed in the recommendation section of this report.

Departments/Sections Consulted:

	Chief Executive Officer	X	Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
		X	Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service	X	Civil Operations		
	Economic Development	X	Infrastructure Planning & Design		
	Governance	X	Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	19 APRIL 2016

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