Council Report 132002.220285.5

132002.220285.5 – OTHER CHANGE TO development approval for shire business centre – stage 1 to permit INDUSTRIAL BUSINESS TYPE 2 PRODUCTION, ALTERATION, REPACKAGING & REPAiRING (CAR WASH) AT 28 EENIE CREEK ROAD, NOOSAVILLE

Document information

Author	Development Planner, Wilhelm Koschade
Environment and Sustainable Development Department

Index	ECM / Application / 132002.220285.5

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Mirose Pty Ltd
Proposal	Other Change to Existing Approval to permit Industrial Business Type 2 - Production, Alteration, Repackaging & Repairing (Car Wash)
Properly Made Date	15 December 2017
Information Request Date	16 January 2018
Information Response Date	27 February 2018
Decision Due Date	18 May 2018
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	28 Eenie Creek Rd Noosaville Qld 4566
RP Description	Lot 3 SP 246584
Land Area	26.053ha
Existing Use of Land	Noosa Civic Shopping Centre

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville Locality
Zone	Shire Business Centre
Overlays	Not Applicable
Assessment Type	Other Change to Existing Approval

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 May 2018 regarding Application No. 132002.220285.5 for an Other Change to the Development Approval for Shire Business Centre – Stage 1 to permit Industrial Business Type 2 Production, Alteration, Repackaging & Repairing (Car Wash) situated at 28 Eenie Creek Rd, Noosaville and:
A.	Amend the description of the development in the Decision Notice to include the approved use.
B.	Approve a change to conditions 4.2 and 152 of the existing development approval to read as follows:
4.2	The drawings approved for the development are (“Approved Plans”):
Q0201.01.1b/U - Site Plan
Q0201.01.b/U - Overall Site Plan
Q0201.02.1b/S - Retail Site Plan
Q0201.03.1/S - Retail Roof Plan
Q0201.04.1/S - Retail Elevation
Q0201.04.2/S - Retail Elevation
Q0201.05/S - Retail Elevation
Q0201.06/S - Retail Sections
Q0201.07/S - Retail Sections
Q0201.08/U - Showroom Site Plan
Q0201.09.1/T - Showroom Elevations
Q0201.09.2/T - Showroom Elevations
Q0201.10b/S - Commercial Site Plan
Q0201.11.1/S - Commercial/Business Elevations
Q0201.11.2/S - Commercial/Business Elevations
Q0201.15/S - Retail Environmental Control Systems
A090 Rev. 02 – Location Plan, December 2016
A200 Rev. 02 – Carwash Floor Plan, December 2016
A201 Rev. 02 – Carwash Roof Plan + RCP, December 2016
A210 Rev. 02 – Cashier/Laundry Floor + Ceiling Plans, December 2016
A212 Rev. 02 – Cashier/Laundry Roof Plan + Elevations, December 2016 (annotated)
A213 Rev. 02 – Cashier/Laundry Elevations, December 2016 (annotated)
A500 Rev. 02 – Overall Elevations, December 2016 (annotated)
152	Carparking for the proposed development shall be generally in accordance with the approved plans and the following:
152.1			The provision of 978 spaces for the Retail Centre Component.
152.2		Showroom Component at a rate of 1 space per 36m² of showroom/homemaker floor space TUA – 196 spaces.
152.3		Commercial/Business Component at a rate of 1 space per 23m² of commercial/business floor space TUA - 217 spaces.
C.	Include the following additional conditions:
Car Wash Facility
238	Waste water and stormwater management shall be in accordance with the Hydraulic Services Plan and Stormwater Management Plans dated 27 February 2018
239	Contaminants or contaminated water must not be directly or indirectly released from the premises or to the ground or groundwater at the premises except for:
i	Uncontaminated Overland Stormwater flow;
ii	Uncontaminated Stormwater to the stormwater system;
iii	contaminants released to sewer under and in accordance with a trade waste permit
240	Releases to water must not cause any visible oil slick or other visible evidence of oil or grease, nor contain visible, grease, scum, litter or floating oil.
241	The Holder must ensure that:
i	maintenance and cleaning of equipment (including vehicles and plant) is carried out in an area where contaminants cannot be released into stormwater drainage, a roadside gutter, a water or onto unsealed ground;
ii	any spillage of contaminants is cleaned up immediately by a method other than hosing, sweeping or otherwise releasing the contaminants into stormwater drainage, a roadside gutter or a water.
iii	incident rainfall and overland flow of stormwater does not contact contaminants
242	Any proposed signs, fences, landscaping and barriers (permanent or temporary), particularly along the northern end of the car wash facility and excluding the approved structures, must not obstruct sight distances or compromise the widths of existing traffic lanes and parking aisles.
243	Appropriate line marking must be provided in accordance with the consulting engineer’s recommendations to demarcate the proposed car wash area/s and the allocated reserved parking spaces.
244	The works must be constructed in accordance with a Construction Management Plan prepared by a suitably qualified person and must specifically address the following:
a. 	Traffic Management during all aspects of the construct phase including:
i.	A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction.
ii.	Maintenance of safe and unobstructed traffic environment near the construction site.
iii.	Maintenance of safe pedestrian access across the frontage of the construction site both during daily construction and after daily construction has ceased.
iv.	Proposed fencing to the site during the construction phase of the development.
v.	Adequate parking arrangements for construction workers to minimise impact on the customers and users of the parking areas.
vi.	Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
vii.	Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues.
D.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application proposes to amend the existing development approval to facilitate a car wash use on the Noosa Civic site. As depicted in Figure 1, the new use will be positioned within the existing at grade car park north of the Noosa Civic shopping centre (mall). The proposed use will result in a reduction in the number of car parks. A total of 14 existing spaces will be used to accommodate a new building and 8 spaces designated for pickup/drop off of vehicles.
The applicant submits that 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.” A detail layout plan is provided below in Figure 2.

Figure 1 – Proposed location of car wash use

Figure 2 – Detailed layout of proposed car wash use
The applicant has submitted a stormwater and waste water management plan. The plans indicate stormwater will continue to be discharged to the existing treatment device. A 100mm bund is proposed around the perimeter of the washing area to prevent rainwater entering wastewater. Waste water is discharged to a grated drain and treated onsite.
Noting the application is a change to the existing approval, the applicant seeks approval to amend the description of the development permit including a change to the following conditions as detailed by Table 1 below
Table 1 – Proposed conditions to be amended
Condition No.	Detail
Condition 4.2	Update suite of approved plans package to include proposal plans of car wash use.
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.
site details
Background
The site is subject to a number of development approvals. The applicant provides further details in this regard and states:
“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.
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.”
Site Description
The site is located at 28 Eenie Creek Road, Noosaville and has an area of 26.053 ha. The lot has frontage to Eenie Creek Road to the north, Hofmann Drive to the west and Walter Hay Drive to the east.
Existing development consists “…of the Noosa Civic Shopping centre which includes a large scale indoor mall accommodating a range of indoor retail and commercial activities and a strip of individual larger format retail to the north.”
An internal road provides circulation to the carparking areas to the centre of the site and thoroughfare to Walter Hay Drive and Hofmann Drive.
Surrounding Land Uses
Various land uses adjoin the site including a combination of newly established industrial uses and undeveloped vacant lots west of the site. A pocket of residential dwellings is located to the south and other established industrial uses north of the site. The Noosa Domain Village is located to the north east and the Noosa National Park to the east of the site.
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 benchmarks from the Planning Regulation 2017 apply 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 application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre. The proposed use is defined as an inconsistent use in the zone and is required to follow an impact assessable application process. The suitability of the use in the Shire Business Centre Zone is further discussed below.
The Overall Outcomes for the Shire Business Centre Zone are detail below:
For the Shire Business Centre Zone—the Shire Business Centre—
i 	is a Major Activity Centre for the purposes of the SEQ Regional Plan, and the principle business centre for Noosa, servicing Noosa-wide business and employment needs by providing for a wide range of Business Uses as well as administrative, community, and open space functions;
ii	is a multi-function employment node forming the major focus of employment growth in the coastal area of Noosa;
iii 	follows a logical sequencing of development consistent with the needs of the community that is dependent on the—
A) 	timing and construction of the external and internal road systems;
B) 	dedication of a substantial area of open space; and
C) 	development of a substantive amount of non-retailing development for employment opportunities beyond Retail business;
iv	is developed at a low scale and density with distinctive and unique design elements, determined by the setting and recognisable as a Noosa development;
v 	comprises buildings of low rise form separated by attractive and low key informal spaces that are integrated with landscaping and open space areas;
vi 	has an outdoor focus, particularly for Retail business uses, office uses and Community Uses;
vii 	provides for an inter-regional transit facility that functions as an integrated public transport node, with pedestrian and bicycle paths and appropriate external connections;
viii 	provides visual and physical connectivity across and throughout the site;
ix	is designed to ensure that peak traffic flows and access to the Shire Business Centre do not impact on the wider functions of Eenie Creek Road and Walter Hay Drive;
x 	retains development capacity within the Shire Business Centre in the longer term to take advantage of potential new employment opportunities;
xi	is developed into precincts, as depicted on Schedule 4 - Shire Business Centre Map, which include a dynamic mix of development with an appropriate integration of uses within each, including—
A) 	Business Precincts (B1-B2), which provide for the highest order of retail development in Noosa and comprises the retail core of the Shire Business Centre site, with associated car parking generally located with Precinct B2;
B) 	Precinct B3, which provides for showroom and office development;
C) 	Employment Precincts (E1-E7) for future employment growth, which include 3 precincts (E1, E2, E3) with preferred themes to allow these precincts to take advantage of new employment opportunities;
D) 	A civic area located within Precinct E1, which provides for a range of civic uses and functions;
E) 	An inter-regional transit facility in Precinct E6;
F) 	A Residential Precinct (RES), which provides residential support accommodation to the other key precincts; and
G) 	A Minor Recreation/Minor Mixed Use/Open Space Precinct (REC/MU), developed for the purposes of a minor recreation use or minor mixed-use development.
As depicted in Figure 3, the car wash is proposed within Precinct B2 of the Shire Business Centre Zone which is designated for the use of car parking in support of retail development. The proposed car wash does not undermine the function of the precinct for the provision of carparking to support the adjoining retail development.
The proposed car wash is considered in keeping with the Overall Outcomes sought for the Shire Business Centre in the Noosaville Locality Code. The predominant land use in Business Precinct B1-B2 comprises retail development and retains this as the core function.
The proposed car wash facility is considered ancillary and subordinate to the carparking use in the Precinct and considered complementary to the core retail use on the site on the adjoining precinct.

Figure 3 – Noosa Shire Business Centre Precinct Map
Land Use & Works Provisions
The application has been assessed against applicable codes and found to be generally compliant. The pertinent issues arising out of the assessment against the codes are discussed below.
Car Parking
The original development approval required the provision of carparking based on the following ratios (based on total use area TUA of the various approved uses):
“Retail Centre at a rate of 5.4 spaces per 100m² of shop floor space TUA – 1000 spaces.
Showroom Component at a rate of 1 space per 36m² of showroom/homemaker floor space TUA – 196 spaces.
Commercial/Business Component at a rate of 1 space per 23m² of commercial/business floor space TUA - 217 spaces.”
These ratios were recommended by Council’s traffic consultant at the time of the original application. The ratios considered the provision of a bus interchange on the site together with a comprehensive network for pedestrian and bicycle paths.
The application seeks approval to reduce the provision of retail car parking by a total of 22 spaces (14 to accommodate building and 8 for the exclusive use of the car wash). Specific Outcome O7 of the Driveways and Carparking Code requires “…sufficient carparking to be provided to accommodate the number and type of vehicles likely to be generated by the development having regard to the specifics of the use including –
a.	The type and intensity of land use
b.	Any existing parking available on the site
c.	Hours of operation
d.	Likely numbers of users
e.	The peak parking demand periods of uses on the site
f.	The availability of alternative carparking”
It is considered that the proposed car wash use will not attract any additional car parking demand as the use is complementary and ancillary to the shopping centre. It is highly unlikely that the car wash will attract customers that are not intending to visit the shopping centre. The applicant suggests that 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.”
Although resulting in a minor reduction of car parking onsite, the proposed development is considered to comply with the outcome of the code based on the following grounds:
The proposed development is not likely to increase carparking demand onsite;
It is considered and has been noted that there is sufficient carparking onsite to accommodate customers during regular business hours;
The vehicles of customers who choose to utilise the car wash facility will be parked within the detailing and wash bays of the car wash and therefore 14 spaces entirely have not been removed or unable to be used; and
Although for the exclusive use of the car wash, the 8 spaces designated for drop off/holding area will be retained for vehicle parking. It is considered that these spaces will be used by customers intending to visit the mall as the car wash use is complementary to the shopping centre.
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agencies:
Energex Limited
Energex Limited is an advice agency as the premise is subject to an Energex easement. The Department has responded by letter on 10 January 2018 advising that they have no objection to the proposal.
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer
Environmental Health Officer
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No submissions were received.
conclusion & REASONS FOR DECISION
The application proposes to amend the existing development approval to facilitate a car wash use on the site. The new use will be positioned within the existing at grade car park north of the existing large mall part of the Noosa Civic shopping centre. The proposed use will result in a reduction in the number of existing and approved car parks and accordingly the application seeks approval to amend condition 4.2 and 152 to accommodate the new use.
The proposed car wash is considered in keeping with the Overall Outcomes sought for the Shire Business Centre in the Noosaville Locality Code with the predominant land use comprising retail development as the core function. The proposed car wash facility is ancillary and subordinate and considered complementary to the primary use.
Although reducing the total number of retail car spaces available, it considered that the proposed car wash use will not attract any additional car parking demand and the vehicles of customers making use of the facility will be parked within the proposed detailing and wash bays provided for within the area of the car wash facility.

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

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 MAY 2018

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