Part A - Town Planning Letter

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(f)    Attachment F – Traffic Assessment prepared by Cardno Traffic and Transport;
       and
(g)    Attachment G – Hydraulic Services Plan prepared by Plumbing Design and
       Drafting, and Aurora Design.
The following sections of this letter provide a summary of the proposed development, the applicable statutory
town planning framework and an assessment of the proposal against this framework.
We understand that Noosa Shire Council will issue a fee quote for the required assessment fee once the
development application has been processed.
1. THE SITE
The site is located at 28 Eenie Creek Road, Noosaville and is more properly described as Lot 3 on SP246584.
The site has a total area of 31.73 hectares, fronting Eenie Creek Road to the north, Hofmann Drive to the west
and Water Hay Drive to the east.
The site is currently improved by the Noosa Civic Shopping centre, comprising a large scale indoor mall to the
south accommodating a range of indoor retail and commercial activities and a strip of individual large format
retail to the north. The site is traversed by an access road, connecting Hofmann Drive and Walter Hay Drive.
The remainder of the site comprises open car parking areas and vegetated spaces. An aerial of the site is
provided in Figure 1 below.




Figure 1 – Aerial Photograph (Source: Nearmap)




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2. APPROVED DEVELOPMENT
The site is subject to a number of development approvals. 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.
On 17 March 2005 this approval was amended with regards to Condition 139 which related to the intersection
with Eenie Creek Road.
This approval was once again amended, this time to provide Outdoor Dining and 12 additional conditions. This
approval is the existing development approval (Noosa Ref.: 132002.220285.4), and was granted by Noosa
Shire Council on 13 April 2006 (“development approval”).
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.
3. PROPOSED DEVELOPMENT
The proposal involves the development of a car wash located centrally within the existing Noosa Civic Centre
carpark. 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.
Given the nature of the proposed development, being a complementary use to the existing shopping centre
use, it is not considered that additional demand for car parking spaces will be triggered. The proposal will
reduce total approved car parking spaces by 14 spaces to a total of 1,399 space, the impact of which is
addressed in the Transport Impact Assessment Report, included as Attachment F. Eight existing car spaces
will be retained for use within the car wash tenancy.
As seen in Attachment B – Plans of Development, a total of three (3) existing trees will be removed to
accommodate the use, with landscaped planting proposed at the pay and key pickup area and along the end
of the washing area.
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.
For further detail refer to the please refer to the Plans of Development included in Attachment B.
Changes to Approved Plans
The list of approved drawings contained in Condition 4.2 of the approval package (Noosa Ref.:
132002.220285.4) is requested to be updated to replace the relevant approved drawings with the proposed
plans included in Attachment B.
Changes to Conditions
The proposed changes require the following amendments to the conditions in the existing development
approval.
       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.



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4. STATUTORY TOWN PLANNING FRAMEWORK AND ASSESSMENT
This section of the request explains the applicable components of the statutory town planning framework and
their relevance to the change proposed by the Applicant.
Chapter 3, Subdivision 2 of the Planning Act sets out the procedure for changing approvals. In particular,
Section 78 of the Planning Act states:
   “ 78 Making change application

         (1) A person may make an application (a change application) to change a development approval.

         (2) A change application must be made to the responsible entity.

         (3) The responsible entity is—

             (a) for a change application for a minor change to a development condition that a referral agency imposes—
                 the referral agency; or

             (b) the P&E Court, if—

                  (i) the change application is for a minor change; and

                  (ii) the development approval was given because of an order of the court; and

                  (iii) there were any properly made submissions for the development application; or

                      (ba) for a change application to change a condition imposed by the Minister under section 95—the
                           Minister; or

                      (bb) for a change application to change a development approval given by the Minister under part
                           6, division 3—the Minister; or

             (c) otherwise—the assessment manager.

             …”

We understand that Noosa Shire Council, as the assessment manager for the original application to which the
approval relates, is the responsible entity in this instance for the purpose of section 78(3).
A change application under Chapter 3, Subdivision 2 of the Planning Act can be either a minor change or an
‘other’ change. In the case of the proposal, an ‘other’ change is being made as the proposal does not constitute
a minor change as defined in Schedule 2 of the Planning Act.
Section 82 of the Planning Act sets out the process for assessing and deciding an application for an ‘other
change’.
   “ 82 Assessing and deciding application for other changes

         (1) This section applies to a change application, other than for a minor change to a development approval.

         (2) For administering the change application, and assessing and deciding the change application in the context
             of the development approval, part 2, division 2 and part 3, other than sections 51, 63 and 64(8)(c), and the
             development assessment rules, apply—

              (a) as if—

                  (i) the responsible entity were the assessment manager; and

                  (ii) the change application were the original development application, with the changes included, but
                       was made when the change application was made; and

              (b) with necessary changes.

         (3) However—

              (a) section 53 does not apply to the change application if the change is not a minor change only because
                  the change may cause—

                  (i) a referral to a referral agency if there were no referral agencies for the development application; or



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                    (ii) a referral to extra referral agencies; or

                    (iii) a referral agency to assess the change application against extra matters; and

                (b) the power—

                    (i) to direct that a development condition be imposed under section 56(1)(b)(i) includes a power to direct
                       that a development condition be amended; and

                    (ii) to impose a development condition under section 60(2)(c) or (3)(b) or 64(6)(b) includes a power to
                        amend a development condition; and

                (c) if the responsible entity is, under section 78(3)(ba) or (bb), the Minister—

                    (i) part 2, division 2 and part 3, other than sections 51, 63 and 64(8)(c), and the development
                        assessment rules apply to the change application only if, and to the extent, those provisions would
                        apply to a development application called in by the Minister; and

                    (ii) section 105(5) and (6) applies for assessing and deciding the change application.

           (4) To remove any doubt, it is declared that the following matters apply, only to the extent the matters are relevant
               to assessing and deciding the change application in the context of the development approval—

                (a) the assessment benchmarks;

                (b) any matters a referral agency must, may, or may only assess the application against or have regard to
                    under section 55(2);

                (c) any matters the assessment must have regard to under section 45(3) or (5); (d) any other relevant
                    matters under section 45(5)(b).

           (5) If a change application is made within 1 year after the development approval was given, any properly made
               submission for the application for the development approval is taken to be a properly made submission for
               the change application.”

Pursuant to Section 82, the ‘other change’ application is required to be assessed and decided by the
responsible entity in the context of the development approval under the arrangements in the Planning Act for
assessing and deciding the development application, namely the development assessment rules and chapter
3, part 2, division 2 and part 3, other than sections 51, 63 and 64(8)(c) of the Planning Act. The assessment
will be undertaken against the following matters to the extent that they are relevant to assessing and deciding
the change application:
       The assessment benchmarks;
       Any matters a referral agency must assessment the application against or have regard to under
        Section 55(2) of the Planning Act; and
       Any matters relevant to the assessment of either a code or impact assessable application under
        Section 45(3) or (5) of the Planning Act.
5. ASSESSMENT OF APPLICATION
The following sections constitute an assessment of the proposed change pursuant to Section 82 of the
Planning Act.
Referral
Section 55(2) of the Planning Act states that:
  “For any other referral agency, a regulation may prescribe the matters the referral agency–
           (a) may, must or must only assess a development application against; and
           (b) may, must, or must only have regard to for the assessment. “

Part 4, Section 22(1) of the Planning Regulation 2017 (“Planning Regulation”) states that:
  “Schedules 9 and 10 prescribe—




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         (a) for section 54(2)(a) of the Act, the referral agency for the development applications stated in the schedules;
             and
         (b)   for section 55(2) of the Act, the matters the referral agency—
               (i) may or must assess the development application against; and
               (ii) may or must assess the development application having regard to.”

The original application 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.
This ‘other change’ application requires referral to Energex Limited as an Advice Agency: Electricity
Infrastructure matters (Schedule 10, Part 9, Division 2, Table 2).
Public Notification
According to Section 53 of the Planning Act, the notification stages of the development assessment process
applies to an application if either of the following applies –
         “(a) any part of the application requires impact assessment; or
         (b) the application includes a variation request.”

The proposed development involves the integration of a car wash within the existing Noosa Civic Shopping
Centre. A car wash is considered an Industrial Business Type 2 (Production, alteration, repackaging &
repairing) under the planning scheme.
The proposed development is considered an inconsistent use in Precinct B2 of the Shire Business Centre
Zone in accordance with Part 11 of The Noosa Plan. The proposed development is therefore subject to Impact
Assessment and therefore public notification is required, pursuant to section 53 of the Planning Act.
State Planning Policy
The State Planning Policy was released on 3rd July 2017. It is a State planning instrument made under Chapter
2 Part 2, Section 10 of the Planning Act.
As prescribed in Section 26(2)(a)(ii) of the Planning Regulation, the State Planning Policy represents an
assessment benchmark and the assessment manager must have regard to State Planning Policies, if it is not
identified as being appropriately reflected in the planning scheme.
Section 1.1.2 of The Noosa Plan identifies that the planning scheme has been amended to align with the
Planning Act. The State Planning Policy is therefore considered to be appropriately reflected in the planning
scheme. The State Planning Policy is therefore not directly applicable to the development of the site.
State Development Assessment Provisions
As discussed above, the proposed development requires referral to Energex, but does not require referral to
the State Assessment and Referral Agency. Therefore the State Development Assessment Provisions (SDAP)
do not apply.
South East Queensland Regional Plan 2017
The South East Queensland Regional Plan 2017 (the Regional Plan) provides a sustainable growth
management strategy for the region that articulates strategic direction and certainty that will accommodate an
increase in population in South East Queensland.
As prescribed in Section 26(2)(a)(i) of the Planning Regulation, the regional plan represents an assessment
benchmark and the assessment manager must have regard to regional plan, if it is not identified as being
appropriately reflected in the planning scheme.
The Shire Business Centre is identified as a Major Activity Centre in the Regional Plan. These centres are
focal points for sub-regional employment and the delivery of sub-regional services. They provide a third tier
administrative function to the capital city centre, accommodating government branch offices or service centres
of sub-regional significance, as well as major concentrations of business and related activities, cultural and


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entertainment facilities, and support comparison and convenience retail uses that meet the needs of their sub-
regional catchments. The proposed car wash supports the function of the Shire Business Centre as a Major
Activity Centre.
The Noosa Plan
The Noosa Plan (“Planning Scheme”) first commenced in February 2006 and is the relevant planning scheme
for the assessment of development proposals within the Noosa Shire Council area.
The sections below constitute an assessment of the development application against the planning scheme, to
the extent relevant.
Desired Environmental Outcomes
Part 3 of The Noosa Plan identifies the Desired Environmental Outcomes (DEOs) for Noosa Shire under the
following headings:
       agricultural uses;
       commercial and retail uses;
       community uses and facilities;
       heritage;
       industrial business uses;
       natural resources;
       open space, environment and conservation functions;
       sport and recreation uses;
       residential uses;
       tourism;
       transport and mobility functions; and
       infrastructure and services.
A response to the relevant DEOs (industrial business uses) is provided in Attachment D – Statement of Code
Compliance.
Assessment Benchmarks
As an Impact Assessable application, the development is assessed against the whole planning scheme.
The assessment benchmarks and their applicability to the assessment of the proposed change is identified in
the table below.
                            Code                                            Applicability

 Primary Codes

 Noosaville Locality Code                               Refer to Attachment D – Statement of Code
                                                        Compliance for a complete response to the code.

 Business Uses Code                                     Refer to Attachment D – Statement of Code
                                                        Compliance for a complete response to the code.

 Secondary Codes

 Driveways and Carparking Code                          Refer to Attachment D – Statement of Code
                                                        Compliance for a complete response to the code.

 Earthworks Code                                        Refer to Attachment D – Statement of Code
                                                        Compliance for a complete response to the code.



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                          Code                                             Applicability

 Erosion and Sediment Control Code                    Refer to Attachment D – Statement of Code
                                                      Compliance for a complete response to the code.

 Existing Services Code                               Refer to Attachment D – Statement of Code
                                                      Compliance for a complete response to the code.

 Landscaping Code                                     Refer to Attachment D – Statement of Code
                                                      Compliance for a complete response to the code.

 Transport, Roads and Drainage Code                   Refer to Attachment D – Statement of Code
                                                      Compliance for a complete response to the code.

 Waste Management Code                                Refer to Attachment D – Statement of Code
                                                      Compliance for a complete response to the code.

 Water Sensitive Design Code                          Refer to Attachment D – Statement of Code
                                                      Compliance for a complete response to the code.

 Overlay Codes

 Biodiversity Overlay Code                            Not applicable – The proposed development is
                                                      proposed within existing hardstand car parking and does
                                                      not involve any works which would cause the degradation
                                                      of the site’s environmental values.

 Natural Hazards Overlay Code                         Refer to Attachment D – Statement of Code
                                                      Compliance for a complete response to the code.



In summary, the proposed development achieves compliance with the Noosaville Locality Code and Business
Uses Code. The proposed changes seek alternative outcomes to the Probable Outcomes for the following:
       Inconsistent and consistent uses (O90 and O91) in the Noosaville Locality Code;
       Bicycle parking (S31.2-5) in the Business Uses Code;
       Security fences (S73.1) in the Business Uses Code; and
       Car parking numbers (S7.1) in the Driveways and Parking Code.
A response to the abovementioned alternative solutions is provided in the codes and in the key planning
matters section below.
6. KEY PLANNING MATTERS
As demonstrated in Attachment D – Statement of Code Compliance, the proposed changes to the
development approval achieve compliance with the applicable codes. In most instances, this constitutes
compliance with the applicable Acceptable Outcomes; however, there are occasions where the proposed
development seeks an alternative solution to achieve compliance with the corresponding Performance
Outcome and/or Overall Outcomes.
Occasions where Acceptable Outcomes are not achieved and alternatives are proposed to satisfy the
Performance Outcomes or Overall Outcomes are identified as ‘key planning matters’. The key planning matters
of the proposed development warrant further discussion and additional explanation to assist with the
assessment manager’s appreciation, understanding and assessment of the proposed changes. A discussion
of the proposed alternative solutions are provided below.
Car Wash Use
According to Specific Outcomes O90 and O91, an Industrial Business Type 2 is not a consistent use within
Precinct B2.
Car wash businesses are common place in established retail precincts, servicing the vehicles of visiting
customers. The proposal achieves consistency with the Shire Business Zone overall outcomes by providing


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further employment opportunities, presenting a low scale built form outcome consistent with proximate
development and consisting of an outdoor focused service activity. Further, the use complements the shopping
use by providing a service which can be used while visitors shop.
The development is proposed within the existing hardstand car parking area. The proposed car wash building
is small, with the enclosed building containing the cashier, laundry and store having an area smaller than four
(4) car spaces (approximately 35.5m2). The remainder of the car wash is either unenclosed car parking (four
holding bays and four drop off bays) or roofed vacuum, detailing and washing areas with an area of
approximately 153m2. The proposed car wash is anticipated to have limited external air, noise or odour
emissions from the premises and therefore can be suitably located with other non-industrial uses.
The nature of the development is considered a complementary use to the existing Noosa Civic Shopping
Centre and the Shire Business Centre Zone.
See the plans of development in Attachment B for more detail.
Traffic Generation and Car Parking
Probable Solution 7.1 of the Driveways and Carparking Code provides vehicle parking requirements. As
demonstrated in Attachment F – Traffic Assessment, there will be a net loss of 14 car spaces; however, the
overall centre will still provide for an additional 264 spaces and 456 spaces above customer demand, during
the Thursday and Saturday peak periods respectively. Limited additional parking demand will be created as
car parking demand for the proposed car wash tenancy would predominantly be driven by existing Noosa Civic
customers as part of a multi-purpose trip.
The analysis also anticipated that maximum additional internal movements of 8vph would be generated by the
car wash, where these 8vph would likely be existing centre customers whom are benefiting from the car wash
during their visit to the centre. This level of activity is considered to be conservative, as it assumes 100%
occupancy of all the car wash bays. Furthermore, the traffic layout of the proposed tenancy is considered to
comply with the relevant design guidelines, and is therefore considered to be appropriate.
The assessment concludes that the inclusion of the car wash tenancy will not generate adverse traffic impacts.
Further to this, the nature of the business is not expected to attract customers via bicycle. Sufficient space is
provided in the enclosed store area for employee bicycle parking and therefore no bicycle parking spaces are
provided.
See Attachment F – Traffic Assessment for more detail.
7. CONCLUSION
Our assessment of the proposed change demonstrates that the change application ought to be approved by
Noosa Shire Council, as the responsible entity, having regard to the relevant matters prescribed in section 82
of the Planning Act, against which an ‘other’ change application is required to be assessed.
We therefore recommend that Council favourably consider the proposed development and approve the ‘other’
change application, subject to any reasonable and relevant conditions.
If you have any queries, please contact me on (07) 3369 9822.
Yours faithfully




TRENT FORREST
Team Manager / Senior Planner
For Cardno




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