Delegated Assessment Report MCU13/0086

DELEGATED REPORT
	PLANNING ASSESSMENT BRANCH

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU13/0086

Author:	Denis Wallace

Project Director:	Kerri Coyle

SUMMARY:

APPLICATION DETAILS
Applicant:	Coles Group Property Developments Ltd
Proposal:	Development Permit for Material Change of Use - Retail Business Type 2 Shop & Salon (Extension to Existing Supermarket)
Properly Made Date:	13/05/2013
Information Request Date:	05/06/2013
Info Response Received Date:	18/9/13
Date of Site Visit:	15/5/2013
Decision Due Date:	18/11/13
Number of Submissions:	Nil

PROPERTY DETAILS
Division:	11
Property Address:	3 Lanyana Way NOOSA HEADS  QLD  4567
RP Description:	Lot 54 RP 139776
Land Area:	2.824 ha
Existing Use of Land:	Retail Shopping Centre

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (8 August 2011)
Locality:	Noosa Heads Locality
Zone:	Business Centre
Assessment Type:	Impact

PROPOSAL:

The application seeks approval for a Material Change of Use for a Retail Business – Type 2 Shop in order to expand the existing Coles supermarket in the Noosa Fair shopping centre at 3 Lanyana Way, Noosa Heads.  The existing supermarket is approx. 3,850m2 in area and is positioned adjacent the site’s southern boundary.  The proposed extension involves additions to the eastern and western ends of the building of 590m2.  A total of 14 existing car parking spaces will be lost toward the entrance to the shopping centre as a result of the increased supermarket footprint.  Further informal staff parking spaces will also be lost toward the rear of the development.  The existing public amenities at the rear of the shopping centre are proposed to be removed and new expanded toilet facilities constructed at the rear of the supermarket.

The built form of the extension is a simple tilt slab construction with a maximum height of 6.5 metres.  Awnings are proposed to the eastern elevation (which faces the public carpark and is visible from the street) to provide protection for pedestrians and some visual interest to the most visible elevation of the supermarket.

SITE DETAILS:
Background / Site History
Numerous planning approvals apply to the site, they include the following :

Application No.	Decision and Date
131998.981565	14856 DA Extend existing premises/building on 29/10/1998
132002.220113	22625 DA Ext shop cntr/new shop & rest on 25/07/2002
132003.220769	23274 DA Minor extension to shop centre-lift on 06/05/2003

132003.220988	23489 DA Extend exist approved restaurant on 15/10/2003
132007.1591	07/1591 Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Weight Loss Studio) on 11/10/2007
132007.2228	07/2228 Commercial Business Type 2 – Medical on 21/02/2008
132009.828	09/0828 Entertainment & Dining Business Type 1  on 24/08/2010
DNA105	Alterations & renovations to an existing shopping centre on 15/3/1988
3B-375	Extension to an existing warehouse on 19/1/1995
10373 TP	Commercial Service – Automatic Teller Machine kiosk on 1/5/1997
11039 TP	Relocation of staff amenities and an increase inc. retail floor space within a shopping complex of Coles Supermarket on 23/7/1997
As well as the following permissible change approvals:
Application No.	Decision and Date
132002.220113.2	22625DA Change a Development Approval – Restaurant with outdoor dining, delete a kiosk from the front entrance/walkway, relocate parking spaces on 14/07/2004
132002.220113.3	22625 DA Change a Development Approval - Add Kiosk on 24/01/2008
Approval 132002.220113.3 (22625DA) for previous extensions to the shopping centre is considered the most relevant to this application.
Site Description
Site & Locality Description
Road Frontage	200m to Lanyana Way
76m to Wyandra Street
Existing Significant Vegetation	Some mature native tree that are unaffected by the proposal
Topography:	Generally flat or gently sloping
Surrounding Land Uses:	Environmental park to the west
Carpark and bowls club to the north
Shops and commercial premises to the east
Detached housing to the south

An aerial photo of the site and its surrounds is below.

The site is located in the Noosa Heads locality and is zoned Business Centre under The Noosa Plan.  The following overlays affect the site:

Biodiversity Overlay - Environmental Enhancement Area
Natural Hazards Overlay - Medium Bushfire Hazard Area

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument, and

The application has also been assessed against the planning scheme, including the following applicable codes:

Noosa Heads Locality Code
Business Uses Code
Engineering Works Codes
Landscaping Code

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Issue 1 – Built Form Provisions
Overall Outcome O14 of the Locality Code states a maximum allowable Gross Floor Area (Plot Ratio), being 0.8:1 for the first 2,000m2 of site area and 0.3:1 for the balance of the site area.  The site has an area of 28,240m2 which yields an allowable GFA of 9,472m2.  The proposal brings the development’s GFA to 7,870m2 (refer plan DA 1-SK 303) and complies with the allowable limit.

Issue 2 – Access & Carparking
The applicant has provided a traffic report which details the proposed changes to traffic generation and parking demand. The traffic report suggests the shopping centre is currently over supplied with car parking, based on a parking survey, and proposes a reduction in car parking spaces. To partially compensate for the reduced parking, the applicant has proposed motorcycle parking and an increase in bicycle parking.

The net impact on the parking provision on the site is as follows:

Current on-site parking provision 		= 400 spaces
(excluding informal spaces to west of site)

Lost full parking spaces 			=   14 spaces

Additional motorbike spaces proposed	=     5 spaces (equal to 1 car space under PSP26)

The proposal therefore involves the loss of the equivalent of 13 full car spaces.

Notably, in 2011 council appraised plans to provide a new bus stop arrangement at the eastern side of the Coles supermarket (where the current extension is proposed) that involved the loss of the same carparking spaces.  Council considered these plans generally in accordance with the approval and supported the change, however, those works did not proceed and the Noosa Junction Transit Centre has since been constructed.

The application was referred to Council’s consulting traffic engineer, Colin Beard of Beard Traffic Engineering, who has a lengthy history with the site.  Mr Beard concurred that the impact of the proposal was relatively minor and parking demand could be adequately accommodated on site.  He advised that the resultant parking provision of the development equates to around 5.2 spaces per 100m2, which is consistent with parking demand data within the profession.

The works involved to reconfigure the parking layout are considered minor in nature and the development has not been conditioned for operational works.

One aspect of the development’s parking demand that was not originally addressed by the applicant is the existing use rights that remain on the site for a nursery that has previously operated adjacent the southwestern side of the main carparkn (see dashed outline below).

The area of this nursery is approximately 600m2 and would generate a minimum parking requirement of 5 spaces under The Noosa Plan.  The issue was raised with the applicant, which submitted advice from its traffic engineer, TTM Consulting, stating that the demand for 5 spaces could readily be absorbed.  Colin Beard reviewed this aspect on behalf of council and agreed that parking demand from the latent nursery use does not raise a concern.
Issue 3 – Bicycle Parking
In order to partially offset the loss of parking spaces, Council asked the applicant to consider providing additional bicycle parking spaces within the development.  Bicylcle parking on the site is currently fairly limited.  The applicant has provided amended plans including an additional 12 bicycle parking spaces.  A condition is recommended accordingly.

Issue 4 - Landscaping
Some concern was raised by the potential for works to occur to existing garden beds and the removal of existing mature trees within the carpark.  The applicant confirmed that no vegetation removal will be required and conditions are recommended accordingly.

CONSULTATION:

IDAS Referral Agencies

The application was referred to the following IDAS referral agencies:

Concurrence

Department of Transport & Main Roads

The department is a concurrence agency for public passenger transport matters as the site is within 400m of a public transport facility.  The department responded by letter dated 12 June 20132 stating that it supported the application, subject to one condition.

Other Referrals
The application was forwarded to Unitywater and the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch
Hydraulics and Water Quality Specialist, Engineering and Environment Assessment Branch
Environment Officer, Engineering and Environment Assessment Branch
Urban Designer, Planning Assessment Branch

Their assessment forms part of this report.

Public Notification

The application was publicly notified for 15 business days in accordance with the requirements of the Sustainable Planning Act 2009.  No submissions were received.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval, subject to conditions.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU13/0086 for a Retail Business Type 2 Shop & Salon (Extension to Existing Supermarket) situated at 3 Lanyana Way NOOSA HEADS QLD  4567 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU13/0086

1.	APPLICATION DETAILS

Application No:	MCU13/0086
Street Address:	3 Lanyana Way NOOSA HEADS  QLD  4567
Real Property Description:	Lot 54 RP 139776
Planning Scheme:	The Noosa Plan (8 August 2011)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Salon (Extension to Existing Supermarket)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is four (4) years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

PLANNING & URBAN DESIGN UNITS

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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice

Mechanical Plant & Equipment
All new mechanical equipment and other service infrastructure associated with the approved supermarket extension must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.  Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.

Existing Vegetation
Existing trees within the site must be retained and must not be removed as a result of any works.

Built Form
Pedestrian awnings shall be provided to the front elevation of the supermarket, as generally shown on approved plan number DA 1 – SK 200.

Public Lighting
During operating hours, all parking areas, pedestrian areas and entrances/exits to all corridors and public toilets associated with the supermarket extension must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.  Lighting must be designed to reduce the contrast between shadows and well lit areas. In particular, appropriate security lighting must be provided in the access corridor to the amenities on the Approved Plans

Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.

ENGINEERING UNIT

Car Parking
A minimum of 386 car parking spaces must be provided and marked on the site and made available and accessible at all times while the commercial uses on the site are open for business (with the exception of the disused retail nursery). The car parking spaces must include in particular:
pedestrian routes in accordance with the conditions of this Decision Notice.
6 disabled parking spaces within the total.

A minimum of 6 motorcycle parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.

Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site and must include in particular:
1 MRV space
1 AV space

Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development and must include in particular:
pedestrian pathways between the proposed car parking area and the building generally in accordance with the approved plans.
adequate separation of all specific pedestrian routes from vehicle access and manoeuvring areas, and clear demarcation by pavement marking, signposts or changes in surface materials or levels.
signage and lighting at strategic locations to direct people to building entries and public toilet facilities.
a total of 23 bicycle parking spaces

Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.

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.

ENVIRONMENTAL HEALTH UNIT

	Commercial Waste
The development must be provided with waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an imperviously paved 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 is to be designed to prevent storm water entry to the sewerage system and 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.

	Mechanical Plant & Equipment
Any new fixed plant and equipment* associated with the approved supermarket extension that causes either tonal (Leq) sound (e.g. from compacting units, air conditioning or refrigeration units), or impulse (Lmax) sound, must be enclosed, shielded and/or positioned to ensure that sound pressure does not exceed the following levels for habitable rooms within adjacent dwellings:
40 dB(A) Leq for living and work areas
35 dB(A) Leq for sleeping areas
45 dB(A) Lmax for all areas
Note: Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with Australian Standard AS1055.1 “Acoustics – Description and measurement of environmental noise – General procedures”.
*(Refer to Advisory Note)

Certification must be submitted to Council from a qualified person* which certifies that operational noise from any new fixed plant and equipment associated with the approved supermarket extension complies with the requirements of this Decision Notice.
*(Refer to Advisory Note)

Outdoor Lighting Devices
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting” using a control level of 1.

UNITYWATER

Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).

The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 30 litres per second.

A single Unitywater installed primary water meter must be provided immediately inside the property boundary.  Water meter must be located on alternative boundary to electrical pillar.

Additional water meters must be installed for each sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.

A Trade Waste permit is required prior to any stormwater, groundwater or sump pump discharge into Unitywater’s sewerage system.

Application must be made to Unitywater for a trade waste permit.

Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature and suitable approved varieties.

Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.

5.	REFERRAL AGENCIES

The referral agencies applicable to this application are:

Referral Status	Referral Agency and Address	Referral Trigger	Response
Concurrence	Department of Transport & Main Roads PO Box 1600 Sunshine Plaza Postal Shop MAROOCHYDORE  QLD  4558	Public Passenger Transport	The agency provided its response on 12 June 2013. (Reference No. TMR13-006358)

A copy of any referral agency conditions is attached.

6.	APPROVED PLANS

The following plans are Approved Plans for the development:

Approved Plans
Plan	Rev.	Plan Name	Date
DA 1 – SK 002	C	Site Plan – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	26/06/2013
DA 1 – SK 100	B	Floor Plan – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	19/06/2013
DA 1 – SK 200	C	Elevations – Proposed Extensions to Coles Supermarket, prepared by Mode Design Corp. Pty Ltd	26/06/2013

7.	REFERENCED DOCUMENTS

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

Qualified Person
For the purpose of certifying acoustic treatments for the development, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland;
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.

Noise
The applicant is advised to ensure that during the detailed building design and construction phase, including the design, selection and installation of fixed plant and equipment, A/C units and refrigeration plant, mechanical exhausts, acoustic enclosures/plant rooms and the like, that the ongoing advice and design input of a qualified acoustic consultant is sought and implemented to ensure that the operation of such plant and equipment complies with statutory and planning noise limits. Mechanical plant and equipment must be provided with appropriate acoustic enclosures/screening and located away from adjacent noise sensitive premises.

	Unitywater
Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicants cost.

Plans and documentation must be submitted to Unitywater with a completed application for a trade waste permit. This is required prior to obtaining a plumbing approval from Council.

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All building works)

12.	SELF ASSESSABLE CODES

Advertising Devices Code

13.	SUBMISSIONS

Not Applicable.

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

REPORT COVER SHEET
	PLANNING ASSESSMENT BRANCH

Application no:	MCU13/0086

Author:	Denis Wallace - Senior Development Planner

Project Director:	Kerri Coyle - Unit Coordinator Planning

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is referral required to the Councillor Delegated Sign Off Mailbox?:
	Yes
Has a site inspection been undertaken?
	Yes
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?
Yes

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PROJECT MANAGER	PROJECT DIRECTOR

Signature: 	Signature:

Position:  Development Planner	Position: Unit Coordinator Planning

Date:  26 November 2013	Date: 28 November 2013

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on 12 December 2009:

Signature: 	Date:

PROJECT DIRECTOR

DELEGATED AUTHORITY REPORT

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