MCU22/0051 Representations To Development Approval For Material Change Of Use - Hardware & Trade Supplies At 178 Eumundi Noosa Road, Noosaville · Attachment 2 - (MCU22/0051) - Planning Officer'S Report

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                           The exit driveway located along the northern boundary is to be
           Amendments
                           relocated off the boundary to provide a garden bed for a length of 15
                           meters (from the front of the site) with a minimum planting width of 0.5
                           meters. The plans are to detail landscape and/or architectural
                           treatments that soften the appearance of the retaining wall and
                           industrial building of the southern elevation of the adjoining site at 13
                           Vision Court.

                           The maximum height of the building is to be reduced such that no part
                           of the building exceeds 10 metres from natural ground surface levels
                           and finished levels.
                           An eave overhang a minimum of 1.2 metres wide must be provided to
                           the building’s front façade to provide further interest to the street.

           *(Refer to Advisory Note)
13.       The maximum height of the development must not exceed 10 metres above the ground level,
          including the exposed portion of the external façade of the building where excavation is
          undertaken.
Applicant’s Representation
The applicant initially advised that the requirements of conditions 3 and 13 were unworkable and
would prevent the development proceeding, however following discussions with staff, the applicant
subsequently lodged revised plans to address the required plan amendments. The applicant
submitted the following changes and justification:
•     Reduction of the maximum building height from 12m to 10.94m. This ensures the highest point
      of the building now sits at RL 20.890.

      -    This ensures that no part of the building will exceed 10 metres above natural ground level
           (see extract below).
      -    This ensures that the proposed building (at its highest point) will be the same level as the
           highest point of the neighbouring building at 13 Vision Court.




•     Lowering of the ground surface level to RL 9.950, which is 450mm lower than what was
      originally approved. This will assist in reducing the overall building height relative to natural
      ground level, whilst maintaining the required internal clearances. No amendments to internal
      ramping is required as confirmed by TTM (second attachment).
•     Bio-detention basin lowered to RL 9.00 in response to the ground surface level being lowered.
      This change does not result in any amendments being required to the existing SWMP as
      confirmed by Acor.
•     Reduce the height of the undercroft by 1m to assist with reducing the overall building height. A
      2.3m height clearance is now proposed. This ensures compliance is maintained with Council’s
      car park height clearance requirements, as confirmed by TTM
•     Provision of a 0.5m landscape strip along the northern boundary.

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    -  This landscape strip along the northern boundary has been achieved by adjusting the width
       of the landscape strip on the southern side of the building.
•   Natural ground lines have been shown on elevations, to demonstrate the extent of cut and fill.
•   1.2m eave overhang to the front façade to provide visual interest.

Assessment of Representation
The amended plans have reduced the building height from 12.12m down to 10.94m at the roof
peak from the finished (excavated) ground level and 10m from the existing ground level. This has
been achieved by a reduction in the height of the building by 1.1 metres, reducing the floor to
ceiling heights of both levels and increased excavation which will result in the building sitting lower
on the site at a scale consistent with structures on adjoining and nearby land.
The overall roof line of the building has also been dropped in the centre of the site from RL22.525
down to RL20.89.
The proposed building is considered consistent with the character of the area noting that buildings
in the area range in height as follows:

•       Office Works – opposite the site – 10 metres
•       Existing Bunnings Store - 12 metres from natural ground level and 9.5m from finished ground
        level
•       11 to 13 Vision Court - conditioned to 10 metres.
•       Gateway Drive frontage buildings - 10 metres or less in height.

The site generally sits lower than 11-13 Vision Court and the existing Bunnings Store noting that
significant earthworks including filling and excavation and ramping were undertaken to develop
these surrounding sites. The proposed building is to be set into the site, with a wide landscape
setback area available to street to undertake planting that will assist it in integrating with the existing
streetscape. The proposed height is considered acceptable.

Figure 1 demonstrates the original building with Figure 2 detailing the revised plans and reduced
level including the natural ground level. Figure 3 illustrates the proposed building compared to
adjoining development.

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Figure 1 – Original Proposal




Figure 2 – Revised Proposal

| | { RL 21.325 3° PITCH __ O2s2 _3° PITCH | ee | | | SPRINGING POINT PRE-FINISHED INSULATED i | ~ MICRO V RIB PROFILE OR = | | ce SS — sy BULK TRADE YARD 600mm HIGH PRECAST {___ oe — ean sd aren Utmaaaasusssasauamaaauamas:| S| STORMWATER 4 UNDERCROFT PARKING a | os LT Te He ET AEN ee 4 Fe eee oe FL ir Ab | tay coe eee eee eT ad te Coe ee eee eee (02 TYPICAL CROSS SECTION \. -_/ PROPOSED BULK TRADE YARD 1:200 Figure 1 — Original Proposal | 1200MM AWNING TO FRONT FACADE | | aif: BULK TRADE YARD NOTE: SIGNAGE SHOWN ON ELEVATIONS IS INDICATIVE ONLY. i S| . +4 hs RL 19.990 was SUBJECT TO SEPARATE APPLICATION RL 19990 a MPs fi aT ToT TTT v4 1976 ess » TAGS ES Se PT 7 Tan PN eg — (0. aay gs | Ma | Bunnag $5 Meet | hedia of ve ia tee Leg iat XU Be | i ; fake a 3 . at a oi as S| |_| ef sf [Loa rie. dt aq AC i) a ——— = Le _ A iit ii iii iii |? Oe Pt eh a wee hy inh nnn oh — —— FC \ ees | 600mm HIGH PRECAST CONCRETE PRE-FINISHED INSULATED PANEL WITH | DADO PARITED 'BUMNINIGS GREE MICRO V RIB PROFILE OR EQUIVALENT EXISTING CONTOUR LINE TO BUILDING (02 WEST ELEVATION FACADE \.-_/ GATEWAY DRIVE FRONTAGE 1:200 | | | | | | ° RL 20.890 0 | i RL 19.990 3° PITCH _ Vv. — 3° PITCH. | EES SS SPRINGING POINT PRE-FINISHED INSULATED fj | Scns] 2 | MORO IB PROFLE OF | | eee __,__,__|| | |BULK TRADE YARD coven HRGNTREEAST Pe atoms St ee | —_—— rawr} | evans ad Geers HEAD HEIGHT CLEARANCE —-RL9350 |] soon et ed v7 ee ed etter TT rep ype gn cL ae lg ge la ee Dee ll (02 TYPICAL CROSS SECTION \ -_/ PROPOSED BULK TRADE YARD 1:200 Figure 2 — Revised Proposal

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                    Figure 3 – Revised Proposal – Comparison to adjoining buildings.



While the proposed cuts to site the building are substantial, ranging from 1m at the building façade
to approximately 4.3 metres midway along the building on the northern side, the proposed
earthworks are not unlike the earthworks undertaken to construct the existing Bunnings building to
the south and would be expected given the industrial zoning. The proposed earthworks are also
unlikely to significantly impact on the streetscape given the extensive landscaped front setback,
screening afforded by adjoining development, and by the landscaping now proposed along both
side boundaries. Condition 15 which relates to landscaping, has also been amended to provide for
architectural and landscape treatment along the northern boundary.




The amended plans have also appropriately incorporated a 1.2m overhang to the building’s
frontage to provide some visual interest to the Gateway Drive frontage. The applicant’s submission
to amend the conditions to reflect the revised plans is supported.


Condition 5 – Existing Bunnings Warehouse Store
5.   The approved Bunning Warehouse Store on the balance area of the site must be operated
     in accordance with the development approval (07/0256), which includes a significant
     hardware component and trade sales area
Applicant’s Representation
The applicant requested deletion of the condition for reasons detailed below:
The inclusion of this condition is unnecessary and of no utility given the scope of the development
application for the trade centre does not encompass the existing Bunnings Warehouse or anything
relating to the operation of that separate facility. Regardless of this condition Bunnings is bound
by the requirements of the approval 07/0256. The imposition of this condition will cause an
administrative burden to Bunnings and Council should it ever be necessary to amend the 07/0256
approval or should another development approval ever be obtained for redevelopment over that
other part of the site.

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Assessment of Representation
The condition is a reasonable requirement given the application was made over 178 Eumundi
Noosa Road which includes the Bunnings Warehouse and the area of the proposed development.
The retention of a significant hardware component and trade sales area within the original
Bunnings warehouse was an important consideration in the assessment of the proposed trade
supplies store. Council in approving the original Bunnings warehouse store, found that the store,
while containing a significant retail component and nursery, also included a significant hardware
component and timber sales area which was consistent with the industrial zoning and intent of the
site.
The representation is not supported, the condition does not create an unreasonable administrative
imposition for the applicant and Council in the future.


Condition 7 – External colours
7.   External colours and finishes must be of muted environmental tones, with broad expanses
     of a single colour not permitted. Walls must be broken up by varying tones or design elements
     and generally consistent with the colour scheme on the approved plans. The proposed colour
     scheme must be different to the existing Bunnings Warehouse Store on the balance area of
     the site.
Applicant’s Representation
The applicant seeks clarification regarding the colour scheme and notes:
The proposed colour scheme for the trade centre is predominantly white with a green
understorey/base. This scheme was specifically proposed in the further issues response of 8 May
2023, to ensure the colour scheme differs from the existing Bunnings Warehouse.
Condition 7 requires that the colour scheme be “generally consistent with the colour scheme on
the approved plans”. This indicates that what Bunnings has proposed is acceptable, however the
condition also requires the colour scheme to:
(a) be of “muted environmental tones”;
(b) have no “broad expanses of a single colour”;
(c) ensure walls are “broken up by varying tones or design elements”.
Despite the requirement to be generally consistent with the approved plans, the three dot point
create uncertainty as to whether the colour scheme on the approved plans would satisfy the
condition. We request that Council delete the dot point above elements from the condition.
Alternatively wording in the condition needs to be revised to make clear the that the colour scheme
on the approved plans do satisfy the condition requirements.
Assessment of Representation
The proposed colour scheme shown on the approved plans is consistent with the intent of the
condition as it uses reasonable colours and is varied from the existing Bunnings Warehouse. It is
therefore agreed to amend the condition to provide clarity.

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                                 Figure 4 – Proposed External Colours


Condition 15(d) – Street Trees
15.   The development site must be appropriately 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.    The works generally shown on the Landscape Concept Plan 155.004.SD001B,
            155.004.SD002B and 155.004.SD003B prepared by Citicene dated 9.02.2023 except
            where varied by the conditions of this approval. The landscape plans are to incorporate
            a three-tiered landscape buffer to the street frontage incorporating the following
            additional species:
            •     Corymbia tessellaris
            •     Eucalyptus intermedia
            •     Melaleuca quinquenervia
            •     Banksia integrifolia
       b.   Vegetated screening of the proposed development from Gateway Drive, designed such
            that the development is screened at maturity;
       c.   Vegetated screening of any electrical transformers, bin storage areas and the like from
            the road frontage;
       d.   Provision of 1 street tree within the road reserve for every 8 metres of road frontage
            (excluding driveways).
Applicant’s Representation
The applicant seeks clarification regarding the provision of street trees and advises:
The development has a road frontage of 50 metres to Gateway Drive. The current wording of the
condition would require the development to provide 7 street trees to that street frontage. The
condition does not account for the practical road frontage being limited by the width of the entry
and exit crossovers. The crossovers are a total of approximately 33 metres of the frontage. This
leaves 17 metres of actual frontage to accommodate street trees, making it not possible to
accommodate 7 trees.
An additional two (2) street trees can be accommodated within the road reserve. Accordingly, we
request that the wording of the condition be amended to require a total of 3 street trees within the
road reserve opposed to the current provision of 1 per 8 metres of road frontage.
Assessment of Representation
The applicants representations are considered reasonable and it is recommended the condition be
reworded to identify that driveways are excluded from the road frontage calculations.

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Condition 20 – Performance Bond
20.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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. 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.
Applicant’s Representation
The applicant requests that the condition be deleted as:
This appears to assume that Bunnings will not comply with the approval, which is contrary to a
proper legal approach. Further, it is unclear how long the security needs to be maintained given
that some conditions will need to be maintained over the life of the development (e.g. condition
16).
Assessment of Representation
The condition is consistent with Planning Scheme Policy No. 4 Performance Bonds.
Notwithstanding this, the condition could be amended to provide clarity that the bond will be
returned on completion of the development subject to satisfactory performance of the conditions
of approval at that time.
Conditions 21, 39 & 40 – Acid Sulfate Soils
21    The disturbance and release of Acid Sulphate Soils must be avoided by:
      a.    Undertaking an Acid Sulfate Soils investigation and soil analysis pursuant to the
            National Acid Sulfate Soils Guidance.
      b.    not excavating or otherwise removing soil or sediment containing ASS;
      c.    not permanently or temporarily extracting groundwater that results in the aeration of
            previously saturated ASS; and
      d.    not undertaking filling on land at or below 5 metres AHD that results in:-
            i.    actual ASS being moved below the water table; or previously saturated ASS
                  being aerated.
      Where potential or actual Acid Sulfate Soil is identified, all works must be caried out in
      accordance with an Acid Sulfate Soils Management Plan prepared by a qualified person*.
      *(Refer to Advisory Note)
39.   If earthworks trigger assessment, prepare an Acid Sulfate Soil Investigation Report and if
      required an Acid Sulfate Soils Management Plan prior to the commencement of works. The
      reports and analysis are to be undertaken in accordance with the Noosa Plan 2020 and
      prepared by a suitably qualified person.
40.   Prior to the commencement of use, provide certification from a suitably qualified person that
      all works have been undertaken in accordance with the Acid Sulfate Soil Management Plan.
Applicant’s Representation
Conditions 21, 39 and 40 relate to carrying out an acid sulfate soils investigation and potential
preparation of an Acid Sulfate Soils Management Plan if required. There is some overlap in the
requirements of condition 21 as compared with conditions 39 and 40.
All requirements with respect to acid sulfate soils should be consolidated into one or two conditions
contained in one section of the approval. Having requirements with respect to acid sulfate soils
split across separate sections in the approval, as is currently the case, may lead to confusion.
Assessment of Representation
It is agreed that there is repetitiveness in the 3 conditions and therefore it is recommended that
conditions 39 & 40 be deleted and Condition 21 incorporate the requirement for certification.

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3.   CONCLUSION & REASONS FOR DECISION
It is concluded that the amended plans satisfactorily address Council’s required amendments to
the plans of development regarding the northern driveway design, building height, and provision of
an awning. Amendments are also warranted to provide greater clarity in the wording of conditions
regarding the required colour scheme, performance bond and acid sulfate soils. However, the
condition requiring the Bunnings Warehouse to comply with the development approval is
reasonable and relevant and should be maintained.

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Departments consulted:
    Office of the CEO, Mayor &               Community Services          Corporate Services
            Councillors
    Mayor & Councillors                   Director                    Director
    Chief Executive Officer               Community Development       Financial Services
    Executive Officers                    Sport & Active Lifestyles   Fleet
    Community Engagement                  Arts & Culture              Revenue Services
    People & Culture                      Community Connection        ICT
    Governance                            Customer Experience         Commercial Property
    Strategy & Environment &              Development & Regulation     Infrastructure Services
    Sustainable Development
    Director                          x   Director                    Director
    Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                      and Delivery
    Economic     Development      &       Local Laws                  Civil and Asset operations
    Destination Management
    Environmental Services                Environmental Health        Asset Management
    Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                          Property / Permits          Disaster Management
                                                                      Waste