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Representation on conditions of approval - 5 Garnett St, Cooroy - MCU16/0012
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Council Ref: MCU 16/0012
Our Ref: 7588
14 September, 2016
Noosa Regional Council
PO 80x 141
Tewantin, OLD 4565
Attn Glenn Conforti
Dear Glenn,
RE: REPRESENTATIONS ON CONDITIONS OF APPROVAL - 5 GARNETI STREET, COOROY-
(MCU 16/0012)
Further to our letter of 31 August, 2016 suspending the appeal period and pursuant to S361, we now
lodge the following representations on conditions of the approval. Separate representations as may be
required will be made with respect to the Infrastructure Charges Notice.
1. Condition 10- "Delivery vehicles and associated activities must be limited to between 7:00am to 6:00pm
Monday ta Saturday and not permitted on Sunday or public holidays".
Representations- The condition is sought to be amended to allow for limited deliveries of perishable items
such as bread and milk on a Sunday and public holidays. This will allow the facility to provide fresh product-
7 days per week. The condition is sought to read- "Delivery vehicles and associated activities must be
limited to between 7:00am to 6:00pm Monday to Saturday. Deliveries are not permitted on a Sunday or
public holidays with the exception of bread and milk deliveries."
2. Condition 2S- "Ten (70) bicycle parking spaces, Siockers ond 1 showercubicle with ancillary change
room must be provided for the development. Three (3) bicycle parking spaces may be provided within
the lower level/bosement car park".
Representations- We seek that the requirement to provide a shower cubicle be deleted. Specific Outcome
31 of the Business UsesCode states that "provision of appropriate end-of trip facilities including bicycle
parking and shower/change rooms". Contemporary provisions for end-of trip facilities are contained within
the Queensland Development Code (ODC) - Section 4.1. Under those provisions, end-of- trip facilities are
only required for those developments having a floor area greater than 2000m" The development at 1326m'
falls well below this threshold. Further, the anecdotal experience of the business proprietor for similar stores
in the Noosa area is that shower facilities are not used. This is most likely due to the scale of the premises and
therefore limited staffing numbers. The provision of shower facilities for a development of this scale is
therefore not considered appropriate.
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3 Condition35- Stonnwater drainage wonl's must be undertaken in accordance with an
N
Operatlonat Wonl's approval. The wonl's must be generatly in accordance with Drawing No
P002 Rev E - Job No 15081 dated 21/06/2016 and tilled Preliminary Stonnwater Drainage
Layout and Details, prepared by VT Consulting Engineers and must include but not be limtled
to:
a. removal of the redundant sections of the 525mm RCP stonnwater drainage pipeline
within the stle and in the Garnet Street road reserve
b. amendment to the alignment of the proposed 150mm by connecting the new pipeline
directly into the existing downstream stonnwater manhole on the vehicular crossover
for Lot 46 C5602 (No 4 Emeratd Street) on the opposite side of Wtmmers Lane.
c. Investigation of the capacily and the condition of the existing downstream system to
ensure:
i No adverse Impact on operation of the existing stonnwater system.
Ii No addttlonal surcharge due to the new stonnwater wonl's, or only controlled
surcharge in accordance with the requirements of QUDM
itl. CCTV investigation and field inspection report of the existing downstream system
extending to Emerald Street must be submitted to Council to demonstrate that
the downstream system is in good condition and all required repair or
improvements works are identified
d where necessary, undertaking upgrade or improvement wonl's on the receiving
stonnwater drainage system to ensure the overall stonnwater drainage system functions in
accordance wtlh the requirements of QUDM and/or to the satisfaction of CouncIl.
This condttion is Imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-
tronk infrastrocture.
Representations- As contained within the SWMP submitted with the application, the proposed
development would not result in an increase of flows from the subject site and therefore would not have an
adverse impact on the operation of the existing stormwater system. In fact, the development results in a net
reduction in impervious area from that existing. Clearly therefore there is no net increase in runoff from the
site nor upstream This is recognised within the Council's ICN.The proposed stormwater system has been
designed to capture a major storm event and convey the flows through the site and to connect to the
existing stormwater system. Where there is a connection to the existing system, flows can be designed to
surcharge at the manhole within the property at the northern boundary and flow overland as they currently
do. The proposed surcharge would be controlled in accordance with QUDM.
The existing piped system (upstream, through the site and downstream) is identified within the Council's
Priority Infrastructure Plan as being Trunk Infrastructure- refer to Section 4.4, Map 4.4- PFTI-Stormwater
Management.
Having regard to the above, Conditions 35 (c) and (dl are not relevant to, nor reasonably imposed on the
development and are not reasonably required as a consequence of the development. More particularly, in
considering the proposal and what changes may result upon its development, it is considered the conditions
do not represent a reasonable response to the change (refer to above comment regarding reduction in
impervious area and net no increase in flows as a result of the development). That is, there is no nexus
between the change caused by the development and the conditions imposed. The conditions do not
reasonably relate to the development, a clear indication of this being that the works sought to be carried out
under the conditions involves land which is neither part of the subject site nor owned by the subject sites'
owner.
Further, the reference within the condition that it is imposed under S665 of SPA (non-trunk
infrastructure) appears to be incorrect.
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4. Condition 40- "Operating storm water harvesting tanks must be provided for the development and
must include re-use of harvested rainwater for internal non-potable uses and outdoor uses".
Representations- Given the basement configuration and invert levels for the piped storm water flow
through the site, the provision of stormwater harvesting tanks within the basement is not practicable.
The provision of tanks at surface is considered undesirable given the nature of the development and its
location within the business centre of Cooroy.
Should you wish to discuss, please contact undersigned on (07) 3251 9421 or email:
eddieventu ri [email protected]
Yours faithfully
Saunders Havill Group
Eddie Venturini
Principal Town Pianning
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