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Negotiated Report (Representations made) MCU22 0201

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               REQUEST FOR NEGOTIATED DECISION REPORT
               Author                  Coordinator Planning Nadine Gorton
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                    MCU22/0201

                    Development Approval               Material Change of Use - Car wash, Food and drink outlet

                    Applicant                          Kings Group (QLD) P/L

                    Representations Received On        26 September 2024

                    Number of Submissions for          498 in support, 19 objecting, 3 impartial and 23 not properly
                    Original Application               made.


                    PROPERTY DETAILS

                    Property Address                   34 Elm St Cooroy Qld 4563

                    RP Description                     Lot 4 RP 72698, Lot 5 RP 72698, Lot 6 RP 72698

                    Land Area                          673m²
                                                       673m²
                                                       665m²

                    Existing Use of Land               Vacant


                    STATUTORY DETAILS

                    SEQRP Designation                  Urban Footprint

                    Zone                               District Centre

                    Precinct                           Not applicable

                    Local Plan Area                    Cooroy Local Area Plan

                    Assessment Type                    Representations made to original approval



               1.      BACKGROUND
               A development approval for a Material Change of Use - Car wash, Food and drink outlet was
               approved by Council at the Ordinary meeting of 15 August 2024.
               The applicant suspended the appeal period twice and made representations on 26 September
               2024 to the development approval conditions. The applicants’ representations relate to condition


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Document Set ID: 23343186
Version: 3, Version Date: 12/11/2024
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               4 of the Decision Notice which requires an on-site manager to be always on site whilst the carwash
               is in operation.
               At the time the application was publicly notified, 498 submissions were received in support, 19
               submissions objected to the proposal, 3 submissions were impartial and 23 were not properly
               made. Many of the submissions received were supportive of the proposal as it provided a service
               not currently provided in the locality with those against detailing concerns with carparking,
               congestion, visual amenity and noise.
               2.     ASSESSMENT
               The applicant seeks to amend condition 4 of the approval which states:
               Condition 4.
               An on-site manager/employee associated with the carwash is to be on site at all times the carwash
               is in operation.
               Applicant’s Representation
               The applicant seeks modification of condition 4 to reduce the hours the manager is required to be
               on site, to 8am to 5pm seven days. In support of the request to vary the hours, the applicant has
               provided comment from their traffic engineer about the hours, as well as data from a 24 hour
               carwash at Maryborough.
               Assessment of Representation
               Condition 4 was imposed due to concerns with the potential for queuing to impact on the
               surrounding road network. Whilst the locational requirements of Maryborough carwash are
               significantly different to the proposal (as the Maryborough carwash is located 4 km from the town
               centre) it does provide an illustration of peak times of a similar type of carwash, which is generally
               8am to 5pm (refer figure 1 below).




                                       Figure 1: Maryborough Carwash Monitoring of Vehicles - Yearly Total



               Based on the information provided by the applicant and comments from their traffic consultant who
               indicates that the approach is reasonable, it is agreed that the peak times of the carwash are likely
               to be 8am to 5pm and it is appropriate that a manager/ employee be on site for these times.


               3.     CONCLUSION & REASONS FOR DECISION
               The applicants request to reduce the hours for supervision of the carwash is supported.


               RECOMMENDATION
               With regard to Application No. MCU22/0201, and the representations made, Council on 11
               November 2024 decided to:

                                                                                                             Page 2 of 3

Document Set ID: 23343186
Version: 3, Version Date: 12/11/2024

Page 3

               A.     Agree to amend condition 4 to read as follows:
               Condition 4.
               An on site manager/employee associated with the carwash is to be on site from 8am to 5pm, seven
               days to manage the operation of the carwash.


               B.     Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.




                                                                                                     Page 3 of 3

Document Set ID: 23343186
Version: 3, Version Date: 12/11/2024

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