Council Report MCU17 0572

mcu17/0572 – development application for a material change of use for retail business type 2 – (shop and salon) and retail business type 5 – vehicle uses (service station) and OPw17/0611 development permit for operational works (advertising devices) at 175 eumundi noosa road, noosaville

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/Application/MCU17/0572 and OPW17/0611

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	NKS Corporation Pty Ltd
Proposal	Material Change of Use - Retail Business - Type 2 (Shop & Salon) and Retail Business - Type 5 (Vehicle Uses) Operational Works (Advertising Devices)
Properly Made Date	15 December 2017
Information Request Date	22 January 2018
Information Response Date	9 February 2018
Decision Due Date	18 April 2018
Number of Submissions	15 properly made 1 not properly made

PROPERTY DETAILS
Property Address	175 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 1 RP 131576
Land Area	1973m²
Existing Use of Land	Retail premises – fresh produce sales, hair salon and surfboard repairs

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry Zone
Overlays	Natural Hazard Overlay: Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0572 for a Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon, Retail Business - Type 5 Vehicle Uses and OPW17/0611 for a Development Permit for Operational Works – Advertising Devices situated at 175 Eumundi Noosa Rd, Noosaville and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
10615_DA02	13	Site Plan, prepared by nettletontribe	16.04.2018
10615_DA03	5	Service Station Plan, prepared by nettletontribe	06.04.2018
10615_DA12	4	Roof Plan and Canopy Signage, prepared by nettletontribe	06.04.2018
10615_DA21	7	External Elevations - Sheet 1 prepared by nettletontribe	11.04.2018
10615_DA22	7	External Elevations - Sheet 1 prepared by nettletontribe	11.04.2018
10615_DA23	4	Streetscape Elevations prepared by nettletontribe	11.04.2018
10615_DA40	2	Pylon Sign prepared by nettletontribe	09.02.2018
DA_01	E	Arborist Brief, prepared by Treesafe Australia Pty Ltd	April 2018
ED 17230	F	Concept landscape plan MCU Application by element design	November 2017
Nature and Extent of Approved Use
The approved Gross Floor Area of the Convenience Shop is 123m².
No more than 10 seats may be provided to the Retail Business - Type 2 Shop & Salon.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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 for any civil works (or landscaping). 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.
External Works
Eumundi Noosa Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
A realignment of the kerb line and construction of the bus stop generally in accordance with Figure 1 prepared by MRCagney dated 12th April 2018
widening and sealing of the existing road pavement to the new kerb alignment
any line marking associated with the new alignment and the bus stop
the bus shelter and associated infrastructure constructed as per Coastal Bus Shelter Design by Majstorovic Architecture 05/11/15 Rev B: Shelter C2
the realignment of the existing footpath. The width of the new section of path must be the same width as the existing path.
The relocation of any existing street lighting and existing services. All works to existing third party services must be in accordance with the requirements of the relevant service provider.
This condition is imposed pursuant to s646 of the Planning Act 2016 as the bus stop is necessary trunk infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
A sealed driveway must be provided from Eumundi Noosa Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers generally in accordance with Council’s Standard Drawing RS-051 and any associated addendum
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the exit driveway to warn motorists of pedestrian movement along the frontage street
Car Parking
A minimum of 11 car parking spaces, 4 motor cycle space and an air/water parking space must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
2 staff parking spaces within the total, which are clearly marked for that purpose
Signage and line marking must be provided to indicate the customer car parking spaces
1 disabled parking space within the total
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004 for the relevant user class
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and in accordance with the approved plans.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular a realigned footpath within the road verge for the entire length of the site’s frontage to Eumundi Noosa Road. The realigned pathway must smoothly transition to the existing path on either side of the subject site.
This condition is imposed pursuant to s646 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with the Civil Engineering Report prepared by ADG dated February 2018 and the Engineering Response Memorandum dated 9 February 2018.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Stormwater Harvesting
Operating stormwater harvesting tanks must be provided for the development. The tanks must be provided in accordance with a Building Works for above ground tanks, or Operational Works Approval for below ground tanks and must include the re-use of harvested rainwater for internal non-potable uses and outdoor uses.
Acid Sulfate Soils
An acid sulfate soils investigation (with recommendations) for the management of the proposed development must be undertaken by a qualified person* in accordance with the Queensland Acid Sulfate Soil Technical Manual Soil Management Guideline v4.0 (2014), or a more current version and submitted with the application for Operational Works.
All works must be carried out in accordance with the Acid Sulfate Soil and Groundwater Management Plan for the development prepared by a qualified person* and referenced in a Development Permit for Operational Works. *(Refer to Advisory Note)
All waters, including stormwater runoff, groundwater seepage and leachate from acid sulfate soils must achieve the following quality prior to release from the site:
a pH range of 6.5-8.5 pH units
50mg/L maximum  total suspended solids concentration
0.3mg/L maximum total iron concentration
0.2mg/L maximum total aluminium concentration
no visible plume at either the point of release from the site or within a waterway.
Retention of Existing Trees
All works must be carried out in accordance with section 4 of the Tree Safe Pty Ltd report listed within this Decision Notice.
The Poinciana tree located within the road reserve must be retained.
Landscaping Works
The development site must be 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:
works shown on the approved Concept Landscape Plan, including the provision of a minimum of 3 x 100 litre trees between the building and Eumundi Noosa Road.
1.50-metre-wide landscaping strip on the Eumundi Noosa road reserve frontage adjacent to the landscaping within the site, exclusive of the access driveway, generally uncompromised by infrastructure items, except for the eastern side of the entry crossover.
provision of 1 street tree within the road reserve west of the exit crossover, the tree must be a local native species.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
ENVIRONMENTAL HEALTH
Underground tanks
Prior to the commencement of the use underground tanks shall be constructed and installed in accordance with the following:
Tanks are to be made of fibre-reinforced thermosetting resin (fibreglass) that is compatible with the product or tanks are to be made of a steel inner wall and a fibre-reinforced thermosetting resin composite (fibreglass) outer wall.
Tanks are to be double-walled with an interstitial space.
Tanks are to meet the requirements of UL 1316 Glass fibre reinforced underground storage tanks for petroleum products, alcohols and alcohol gasoline mixtures, or the equivalent or tanks are to meet the requirements of AS1692-2006 Steel tanks for flammable and combustible liquids, or the equivalent.
Tanks are to have an overfill protection valve installed in the drop tube of the tank. The overfill prevention valve shall be calibrated to prevent the tank from being filled in excess of 90% of its capacity.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the underground tanks have been constructed and installed in accordance with the above requirements must be submitted to Council.
Pipework
Prior to the commencement of the use pipework shall be constructed and installed in compliance/accordance with the following:
Pipework is to be made of non-corrodible materials as defined by cl 1.4.37 AS 4897. The design, installation and operation of underground petroleum storage systems.
Product piping is to be double-walled with an interstitial space.
Each tank fill point is to be clearly labelled and identified in accordance with AS 4977 Petroleum products - Pipeline, road tanker compartment and underground tank identification.
Each tank fill point is to be fitted with a camlock type or other liquid-tight connection.
Each tank fill point is to be provided with spill containment of at least 15 litre capacity per spill point.
All fill and vapour recovery points are to be earthed in accordance with AS 1020.0 The control of undesirable static electricity and AS 3000 Electrical installations.
Submit certification.
Prior to the commencement of the use certification by a suitably qualified person that the pipework has been constructed and installed in accordance with the above requirements must be submitted to Council.
Leak detection for underground tanks
Prior to the commencement of the use underground petroleum storage tanks shall be monitored for leaks in accordance with the following:
Establish a statistical inventory analysis system that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive) or install automatic tank gauging that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive).
Install a tank pit observation well at the lowest point of each tank excavation pit.
Submit certification
Prior to the commencement of the use certification from a suitably qualified person that the leak detection system was installed and was verified as meeting the above leak detection performance standard using the current United States Environmental Protection Agency (USEPA) protocol must be submitted to Council.
Leak detection for pipework
Prior to the commencement of the use product pipework shall be monitored for leaks in accordance with the following:
Install electronic line leak detection for pressure piping that is rated to detect a release of 0.76 litres/hour (or a release of 18 L/day), with greater than 95% confidence (and less than 5% false positive); or
Install ‘safe suction’ design for suction piping in compliance with cl 4.3.4 AS 4897. The design, installation and operation of underground petroleum storage systems.
Submit certification
Prior to the commencement of the use certification from a suitably qualified person that the leak detection system was installed and was verified as meeting the above leak detection performance standard using the current United States Environmental Protection Agency (USEPA) protocol must be submitted to Council, or
Prior to the commencement of the use certification from a suitably qualified person that the safe suction design has been installed and tested to comply with cl 4.3.4 AS 4897. The design, installation and operation of underground petroleum storage systems must be submitted to Council.
Fuel dispensing areas
Prior to the commencement of the use fuel dispensing areas shall be constructed and installed in accordance with the following:
All ground surfaces within the fuel dispensing area are to be constructed of impermeable materials such as waterproofed, reinforced concrete that is free of gaps and/or cracks. Impermeable, hydrocarbon resistant jointing material is to be used between treated concrete slabs.
The fuel dispensing area is to be clearly demarcated from the uncovered forecourt area, access roads, general parking bays and all other areas to clearly delineate the higher contamination risk area from lower risk areas.
A canopy shall be installed over fuel dispensing areas. The canopy shall overhang by a horizontal distance of at least one-quarter of the roof height out from the vertical above the boundary of the demarcated fuel dispensing area.
A liquid-tight dispenser sump is to be installed under each dispensing unit. It is to be designed to house all pipework joints and fittings and to collect and contain any leak.
Signage indicating ‘flows to stormwater treatment system’ is to be provided at all drainage inlets within the fuel dispensing area.
The fuel dispensing area is to be graded and drained to an independently certified stormwater treatment system listed on Council’s Register for Certified Hydrocarbon Separators. The system shall be installed in accordance with the approved site-based stormwater quality management plan.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the fuel dispensing area has been constructed and installed in accordance with the above requirements must be submitted to Council.
Uncovered forecourt area
Prior to the commencement of the use uncovered forecourt areas must be constructed and installed in accordance with the following:
All ground surfaces of the uncovered forecourt area are to be constructed to provide a sealed surface, free of gaps or cracks.
Signage indicating 'flows to stormwater treatment system' is to be provided at all drainage inlets in the uncovered forecourt area.
The uncovered forecourt area is to be graded and drained to an independently certified stormwater treatment system listed on Council’s Register for Certified Hydrocarbon Separators. The system shall be installed in accordance with the approved site-based stormwater quality management plan.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the uncovered forecourt area has been installed and constructed in accordance with the above requirements must be submitted to Council.
Road tanker delivery stands
Prior to the commencement of the use the road tanker delivery stand shall be located fully within the fuel dispensing area or the road tanker delivery stand located within the uncovered forecourt area shall be constructed and installed in accordance with the following:
the area shall be large enough so a tanker can fit wholly within the delivery stand area.
the area shall be clearly demarcated.
the area shall be drained to a collection sump that normally drains to the uncovered forecourt area’s stormwater treatment system.
a diversion valve shall be installed that diverts drainage to the containment and treatment system for the fuel dispensing area during filling operations.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that the road tanker delivery stand has been designed, constructed and installed in accordance with the above requirements must be submitted to Council.
Stage 1 vapour recovery
Prior to the commencement of the use construct and install stage 1 vapour recovery for underground systems storing motor spirit/petrol that has:
vapour return lines that return all vapour displaced from the storage tank to the delivery tanker.
a design that prevents the mixing of product in piping common to more than one tank.
vapour-tight couplings on the vapour line that close automatically when disconnected.
incompatible liquid and vapour couplings.
a pressure vacuum valve and a 10-millimetre orifice in parallel fitted to the storage tank vent pipe, or accepted equivalent.
the vapour recovery point located within 2 metres of the respective fill point.
Submit certification
Prior to the commencement of the use certification by a suitably qualified person that stage 1 vapour recovery equipment has been constructed and installed in accordance with the above requirements must be submitted to Council.
Stage 2 vapour recovery systems
Prior to the commencement of the use Stage 2 vapour recovery (VR2) equipment shall be designed and installed in accordance with the following:
VR2 equipment shall be installed on all dispensers for motor spirit/petrol in compliance with NSW DECC Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations and the Storage and Dispensing of Petroleum Products Planning Scheme Policy (2014).
VR2 equipment shall be designed and approved by the German TÜV and shall incorporate a visual indicator that the vacuum operates when fuel is dispensed. The approval must be in accordance with the provisions of Ordinance on the Limitation of Hydrocarbon Emission Resulting from the Fuelling of Motor Vehicles-21, BImSchV (2002).
VR2 equipment shall be installed in accordance with the manufacturer’s specifications by a duly qualified person.
VR2 equipment shall be tested to ensure a hydrocarbon capture efficiency must not be less than 85% vapour recovery to liquid dispensed by volume as measured using a test for active vapour recovery systems in Verein Deutscher Ingenieure (VDI) specification 4205. (testing is already required in Certification)
Submit Certification
Prior to the commencement of the use VR2 equipment shall be tested by a duly qualified person in the manner specified in the NSW DECC Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations.  A copy of this certification shall be provided to Council together with certification demonstrating that the system has been installed in accordance with the above.
Each petrol dispenser fitted with VR2 equipment shall be fitted with a sign stating that VR2 equipment is in use. Additional signage stating that VR2 equipment is in use shall be attached to the service station premises.
Spill Containment
Fuel Dispensing Area (Higher Risk Area)
Spill capture capacity must be sufficient capacity to hold a volume equivalent to at least the largest tanker compartment likely to be delivering fuel to the site (>8kL)
In the event of failure of any part of the system, power failure or where the spill compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall be released beyond the property boundary.
Stormwater quality discharge criteria.
Stormwater quality discharge must be to the following minimum standards:
<5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
≥80% reduction in Total Suspended Solids (TSS) heavy oils & metals
≥90% reduction in gross pollutants
There must be no high-flow bypass. 100% of captured liquids to be treated.
Uncovered Forecourt Area (Medium Risk Area)
In the event of failure of any part of the system, power failure or where the spill compartment or hydrocarbon chamber exceeds capacity, no petroleum product shall be released beyond the property.
Stormwater quality discharge must be to the following standards:
<5ppm (mg/L) Total Petroleum Hydrocarbons (TPH)
≥80% reduction in Total Suspended Solids (TSS)
≥90% reduction in gross pollutants
High-flow bypass / first-flush capture design capacity must be designed to meet the defined discharge criteria during a storm up to the 3 month ARI-6 minute design rainfall event without surcharging or backing up the drainage system.
Submit Certification
Prior to the commencement of the use certification shall be provided to Council demonstrating that the system has been installed in accordance with the above.
Noise
Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc. on site must be located within the building or suitably provided with noise reduction measures and located to prevent a noise nuisance beyond the boundary of the site and to not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by noise emissions from operations at the premises.
Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards.  The report is to be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Rainwater/Detention Tanks
In accordance with the Public Health Act 2005, rainwater tanks (including the detention tank) must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve.
Where it is intended to use rainwater for drinking purposes, a suitable treatment system is required to be installed to disinfect or treat the water to microbiological and physical standards as described in the current Australian Drinking Water Guidelines to make it fit for drinking purposes.
WASTE
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided throughout the car park to reduce littering. Bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
OPERATIONAL WORKS CONDITIONS
Advertising devices undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
10615_DA12	4	Roof Plan and Canopy Signage, prepared by nettletontribe	06.04.2018
10615_DA21	7	External Elevations - Sheet 1 prepared by nettletontribe	11.04.2018
10615_DA22	7	External Elevations - Sheet 1 prepared by nettletontribe	11.04.2018
10615_DA40	2	Pylon Sign prepared by nettletontribe	09.02.2018
Advertising devices authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for any civil works onsite.
This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans. In this regard the plans must be amended to reflect the following:
The pylon sign must be setback at least 1.50 metres from the front boundary
The pylon sign must not include a sign with a sign face area in excess of 4m2; and
A maximum of one illuminated sign is permitted for the site.
No illumination of the stripes on the canopy face.
The approved signs must not be used for the advertisement of goods and/or services not sold or conducted on the site (i.e. third party advertising).
The approved signs must be positioned wholly within the property boundaries of the subject site, and must not be located within or across any easements.
Illumination
The approved illuminated sign must not incorporate flashing lights nor involve illumination by any means other than:
an internal light source
a down light, if externally lit.
Illumination resulting from direct, reflected or other incidental light emanating from the approved signs must not exceed a luminance of 300 candelas per square metre.
All sign illumination must be switched off between 11:00pm and sunset of the following day except if a service station illuminated sign which may remain on during trading hours.
All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view.
Movement
The approved signs must not revolve, move, contain moving parts, change its message, flash, have a moving or flashing border, or give the impression of movement in any way.
Maintenance
The approved signs must be properly maintained by the owner of the property to ensure the signs continue to comply with the Approved Plans and conditions of this Decision Notice.
Cessation of Use
The approved signs must be removed from the site upon cessation of an associated use.
B	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
Material change of use
The proposal seeks a Development Permit for a Material Change of Use Business Use Type 5 Retail (Service Station) and Business Use Type 2 Retail (shop) and a Development Permit for Operational Works for an advertising device (pylon sign and additional illuminated signs).
The proposal involves:
The construction of a Service Station with an associated retail component;
A building which comprises 223m2 of GFA which the associated service station retail component will encompass a GFA of approximately 100m2 and the ‘Shop’ area will encompass a GFA of approximately 123m2;
Four (4) double sided fuelling positions, as well as an air and water unit;
Free standing pylon sign for pricing display; and
A provision of 11 car and 4 motorcycle parks on-site, an additional Air/Water space is also provided.
Under the Noosa Plan 2006, the subject site is situated within the Industrial Zone and is designated within the Noosaville Locality Plan. The proposal is subject to Impact Assessment.
Locality and proposal plans are included below:

Figure 1 - Locality Plan

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – North Elevation

Figure 5 – West Elevation

Figure 6 – South Elevation

Figure 7 – East Elevation

Operational Works For Signage
The application seeks approval for Operational Works for Signage for the development. The applicant requests the following signs:
Canopy signs: 3 x 2.1m2
3 x wall signs: 2 x 1.3m2 and 1 x 1.0m2
5.0 metre high pylon sign: 5.0 m2 each side
The applicant has requested that all signs be illuminated.
site details
Background
A number of planning approvals have been issued for the site as detailed in the following table:
Application number	Approved development	Date of Approval
TPC288 – 51901.3751	Ice works	May 1973
TPC642 – 51901.4294	Additions to industrial building	March 1977
TPC371 – 51901.4531	2 Industrial buildings and caretakers residence	November 1977
TPC1526 – 51981.3324	Light industry – extension to factories	1981
TPC1839 – 51986.3029	Selling second hand furniture	1986
2091/33/TP – 51995.1699	Vehicle Sales	
The business which is currently operating at the above premises, known as Maluka Produce, does not have planning approval to operate. The use is defined as Retail Business Type 2 – Shop which is an inconsistent use in the zone.
Site Description
At present there are four separate single storey buildings situated on site.
The largest building (Building A) is located on the west of the site and includes 423m2 GFA. This building includes “Manuka Produce” – a grocer, fruit and vegetable shop and juice bar. It is estimated that the total trading area of Maluka Produce is approximately 250m2.
Building B, which has a GFA of 256m2, previously housed a barber shop, outfitters and coffee and clothing shops. It is estimated that the total trading floor area of this building is 100m2. Buildings C & D are smaller and located towards the rear of the site. They have a GFA of 35m2 and 14m2 respectively.
The existing building arrangement is detailed in the following image:

Figure 8 – Existing buildings on site
Surrounding Land Uses
North: 	Eumundi Noosa Road - Bunnings, Safe Guard storage and Jax Tyres beyond
South: 	173 Eumundi Noosa Road – Industrial site of approximately 8,100sqm used for the purpose of ready mix concrete
East: 	Access handle for 173 Eumundi Noosa Road
West: 	177 Eumundi Noosa Road – Council owned land for purpose of landscape and amenity, zoned Open Space Recreation
1 Rene Street – Industrial zoned land which has been developed with a showroom building which comprises four tenancies.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
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 but the retail shop is identified as an inconsistent use.
The Noosaville Locality Code includes the following overall outcomes that are relevant to the assessment of the proposed development:
11.7.2 a) 	New uses and works are located, designed and managed to—
i.	be compatible with other uses and works;
ii.	maintain the safety of works;
iii.	avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and
iv.	avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
11.8.2 vv) 	For the Industry Zone—land in this zone—
i.	consists of the Noosaville Industrial Estate, being Noosa’s principal industrial centre;
ii.	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;
iii. 	has high accessibility to arterial roads and the Bruce Highway;
iv.	does not accommodate uses that would harm the environment through excessive noise, odour, dust, or other waste;
v.	is developed in a fashion that does not detract from the character of its locality or impact on the major road network;
vi.	provides important industries and service-related businesses to the whole of Noosa, but particularly the coastal area and the north-east area of the former Maroochy Shire
vii.	provides for a high level of runoff water quality to Eenie Creek and Lake Doonella;

The Overall Outcomes of Noosaville Locality Code do not anticipate or provide any real support for a co-located service station/retail convenience shop in the Industry zone.
The applicant acknowledges this conflict but submits there are relevant grounds to support the shop component. The applicant’s grounds have been summarised as follows:
The shop proposal is intrinsically associated with the service station and does not compromise the Noosaville Locality Code provisions insofar as the proposed shop component is a strictly ancillary use that is compatible with the service station use.
It is noted that the modern-day service stations incorporate a retail component that is ancillary to the development and often take the form of a small store for the sale of convenience goods to the customers that are there for the primary purpose of refuelling their vehicles.
The proposed shop use is wholly contained within the single service station building, with no separate tenancies proposed.  While the sale of goods will occur in an area of 123m2 it is not larger than service stations approved within other local government areas and reflects a standard service station operation.
The primary use of the site is for the sale and delivery of fuel and demonstrates compliance with the Business Uses Code’s specific outcome which state – the associated sale of goods, including foodstuffs is ancillary to the service station use.
The scale of the proposed shop is intended to provide a desirable level of convenience for existing fuel patrons, rather than creating a standalone store which is designed to independently service the surrounding residents and businesses.  The ancillary shop only supports the function and operation of the service station and is not considered as the primary use of the site.
There are a number of recent approvals given for a service station and shop use along Eumundi Noosa Road.
A Needs Analysis demonstrates that there is sufficient demand for an additional service station of a nature and scale of operation in this location.
The proposed development will meet a growing shortage of service station fuel supply in Noosaville and the wider Noosa urban area.
The subject site is strategically located to meet fuel needs of both local residents and business as well as visitors to the area.
The associated convenience retail floor space will represent a net reduction of retail expenditure captured by the subject site and therefore will have no impact on the sustainability of existing retailers within the Noosaville area.
While all the applicant’s grounds are not fully agreed with, it is agreed that there are grounds to support the application for a combined service station and shop.
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.

Figure 9 – Location of adjoining Open Space Conservation Zone
The canopy of the bowsers has been setback 6.0 metres in accordance with the requirements of the Noosaville Locality Code.
Presentation to Eumundi-Noosa Road
Eumundi-Noosa Road forms part of the major road network. The Overall Outcomes for the Noosaville Locality include that the function, safety and visual amenity of the Noosa’s major road network are protected.  There are otherwise limited building design provisions for the site and the surrounding industrial area.
The proposed plans marked ‘store western elevation’ and ‘store southern elevation’ represent the elevations which will have the greatest impact upon the streetscape. It is recognised that the design of the building is basic and does not have great streetscape appeal but it is consistent with recent approvals for service stations on Eumundi Noosa Road and other industrial buildings along Eumundi Noosa Road. It is noted that the building has a substantial 15 metre setback from the front boundary and that landscaping is to be provided in the area between the building and the front boundary. This landscaping includes mature planting.
The following images detail the proposed western and southern elevation:

Figure 10 – Proposed Western Elevation

Figure 11 – Proposed Southern Elevation

The applicant has provided the following perspectives of the site viewed from Eumundi Noosa Road:

Figure 12 – Perspective of proposal development from Eumundi Noosa Road

Figure 13 – Perspective of proposal development from Eumundi Noosa Road

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
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Traffic
The applicant provided a Traffic Impact Assessment Report prepared by MRCagney which assessed the relevant roundabouts, site access design, sight distances, refuelling deliveries, turning paths and queuing of the development. The applicant’s traffic report and subsequent response to further information were peered reviewed internally and by an external traffic consultant with advice identifying concern with the existing bus stop to the front of the site, sight lines for vehicles exiting the site and the capacity for waste vehicles to access and service the site
Amended plans provided by the applicant have resolved these issues as the bus stop has been partially indented and internal alterations have been made allowing for improved vehicle circulation and access for the waste vehicle. The applicant has demonstrated that vehicle manoeuvring areas are sufficient for all vehicles and tankers.
The development will result in the existing bus stop being removed and a new bus stop developed to the front of the site. The new bus stop is an upgrade of the existing bus stop to comply with the current requirements for a standard Noosa bus shelter. The bus shelter is Trunk Infrastructure and accordingly the cost to the applicant of carrying out these works can be offset against the Infrastructure Charges applicable for the development.
Car Parking
Table 1 – Car parking analysis
Use	Planning Scheme requirement	Proposal	Complies
Service Station	5 spaces minimum	5	
Convenience shop -  123m² 1 space per 20m2, or part thereof, of use area for areas up to 100m2 (excluding outdoor dining area); and 1 space per 15m2, or part thereof, of use area for areas in excess of 100m2 (excluding outdoor dining area).	5 spaces 2 spaces 7 spaces 12 required	7 (inclusive of 4 motorcycle spaces) 12 total provided	
The development meets the requirements of the planning scheme by providing 12 car spaces and 4 motorcycle spaces. A loading zone and air/water car space is also provided, accessed from Eumundi Noosa Road.
Landscaping
The Landscaping Code requires a total 10% of the site to be landscaped. The applicant has provided a landscape concept plan demonstrating that 13% of the site is proposed to be landscaped. The proposed 15.0 metre landscape setback to Eumundi Noosa Road exceeds that required by the Noosa Plan.
Table 2 below outlines the landscaping for the site.
Table 2 - Landscaping
Criteria	Planning Scheme requirement	Proposal	Complies
Landscaped open space	10% = 197.3m²	13% = 255m²	
Landscape setbacks	10m to Eumundi Noosa Road frontage and 2m to car spaces 3 metres to Open Space Conservation Zone	Part 15.0 metres	
The proposal provides approximately 60m2 more than the required amount of landscaping and a landscaped setback in excess of the required 10.0 metres. The proposed 15.0 metres of landscaping between the service station building and the front boundary will assist the building’s presentation to the major road network. It is noted that this extensive landscape buffer is considerably more than has been provided to surrounding properties within the Industrial Zone.
Retention of Poinciana tree on road reserve
The original application sought to remove the existing Poinciana tree to the front of the site to allow for an angled ingress crossover. As the tree contributes to the streetscape it was requested that the applicant explore opportunities for the tree be retained. The following image details the tree:

Figure 14 – Poinciana tree within the road reserve
Subsequent to these discussions an amended layout was provided which facilitates suitable access to the site and the retention of the tree. An arborist report was submitted with recommendations.
Overlay Provisions
The site is within a Low Potential Acid Sulphate Soils Area. Given the earthworks required for the underground fuel storage tanks and proposed fill, conditions are recommended requiring further soil assessment and the implementation of an acid sulphate soils management plan as part of any operational works application.
Operational Works for signage
The Advertising Devices Code allows the following:
a total sign face area of 10m² per premises
no sign exceeding a single sign face area of 4m² per premises
1 pillar sign per frontage
1 illuminated sign per frontage.
With regards to advertising signage the proposal plans detail the following with regards to sign face area:
3 x canopy signs: 3 x 2.1m2		6.3m2 total
3 x wall signs: 2 x 1.3m2 and 1 x 1.0m2		3.6m2 total
5.0 metre high pylon sign: 5.0 m2 each side		10.0m2 total
19.9m2 site total
The proposal plans indicate 6 signs with a total sign face area of 9.9m² for the service station building and canopy and 1 pillar sign of 10m2.  The extent of the proposed signage is considered reasonable for the proposed development providing the sign face area for the pylon sign be limited to 4m2 for each side.
The applicant has requested that canopy and walls signs be illuminated, the proposal includes illumination of illuminate the red stripe to four canopy faces. The pylon sign is also proposed to be situated at a right angle to the front boundary with no setback and is also proposed to be illuminated. A setback of 2.50 metres is required in accordance with the Advertising Devices Code.
The extent of illuminated signage does not comply with the Probable Solutions of the Advertising Devices Code for 1 illuminated sign.
The service station’s forecourt will be well lit with essential lighting and the additional illuminated signage is not considered necessary. A condition is recommended to limit illuminated signage to 1 illuminated sign and that there be no further illumination of the canopy faces.
It is recommended that a condition require the siting of the pylon sign to be consistent with recent service station approvals on Eumundi Noosa Road. In this regard the condition will require the pylon sign to be setback 1.50 metres from the front boundary.
cONSULTATION
Referrals
The application was forwarded the following internal Council specialists:
Engineering Officer
Environmental Health Officer
Environment Officers
Waste Management Officers
Asset Infrastructure Officers
External traffic consultant
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. 10 properly made and 1 not properly made submission were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Service station need Two existing service stations already exist on Noosa Eumundi within close proximity of the site, an additional two are also located within close proximity of the site No community benefit in another service station. There is no need for an additional service station Service station is replacing two small business – small businesses are what Noosa Council should be supporting Price of petrol is too high in Noosa compared to other areas Reflects the unwanted commercialisation of Noosa Current business should be kept there Not consistent with sustainable development	A service station is a consistent use within the Industry Zone and the applicant is not required to demonstrate need for the proposed use.
Amenity 24 hour service stations result in highly visible signage and lighting Building design will result in graffiti-targetable walls	The illumination of signage is to be limited to comply with the Advertising Devices Code.
Traffic Not a safe location for a high frequency usage building such as service station – hundreds of cars per day will attend the site. Proximity to roundabout will result in unsafe traffic movements Not safe to cross the road	The application has been reviewed internally and by an external traffic consultant and all issues related to vehicle movements have been satisfied.
conclusion & REASONS FOR DECISION
The application seeks approval for a service station which is a consistent use in the zone. Approval is also sought for a shop which is an inconsistent use. The applicant has demonstrated that the service station can operate without adverse effects on the major road network with safe vehicle and tanker access and the queuing and manoeuvring being wholly within the site. The built form, layout, car parking and landscaping all comply with The Noosa Plan. Whilst it is difficult to accept that there is a significant need for a further station in the area 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. The extent of illuminated signage and the position of the pylon sign does not comply with the Advertising Devices Code. Conditions are recommended to limit the amount of illuminated signage and the position of the pylon sign.
The proposal does not raise any other significant planning concerns and is recommended for approval, subject to conditions.

Departments/Sections Consulted:
	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development	x	Infrastructure Services
	Community Engagement		Building & Plumbing Services	x	Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning	x	Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 MAY 2018

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