Development Application For Material Change Of Use For Industrial Business Type 2 Production, Alteration, Repackaging And Repairing Situated At 178 Eumundi Noosa Rd, Noosaville - MCU14/0083

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 2 PRODUCTION, ALTERATION, REPACKAGING AND REPAIRING SITUATED AT 178 EUMUNDI NOOSA RD, NOOSAVILLE - MCU14/0083

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM/ Application/ MCU14/0083

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Mogpropmanagement Pty Ltd c/- RPS Group
Proposal	Development Permit for Material Change of Use for Industrial Business Type 2 - Production, alteration, repackaging and repairing
Properly Made Date	29 October 2014
Information Request Date	11 November 2014
Information Response Date	22 April 2015
Decision Due Date	04 June 2015
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	178 Eumundi Noosa Road, Noosaville
RP Description	Lot 101 SP 241371
Land Area	2.793ha
Existing Use of Land	Vacant/Bunning’s Warehouse

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industrial
Overlays	Biodiversity Overlay – Environmental Protection Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Code Assessable

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 26 May 2015 regarding Application No. MCU15/0083 for a Development Permit for Material Change of Use – Type 2 Production, alteration, repackaging and repairing, situated at 178 Eumundi Noosa Road, Noosaville and 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
TP-02	E	Proposed Site Plan, prepared by Michael Carr Architect	12/05/15
TP-04	E	Elevations and Sections, prepared by Michael Carr Architect	12/05/15
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Building Height
The maximum height of the development must not exceed 10 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
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. 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.
Landscaping
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and PSP 3 Landscaping Plants and Guidelines and must include in particular:
a 4m wide densely planted garden extending into the road reserve. The garden must be located parallel to and for the full length of the western elevation of the building
vegetated screening between all boundaries and the car parking designed such that car parking will be suitably screened at maturity
one (1) suitable street tree must be planted every 8 metres of frontage to western Gateway Drive.
Existing trees within the adjoining Park land must be retained. In this regard, no clearing, cutting down, poisoning, lopping or pruning of trees, no soil/spoil dumping and/or compacting is permitted within the Park.
The Park must be protected from construction activities by:
clearly delineating the vegetation with protective fencing
no vehicle parking
using low impact construction techniques around vegetation near the boundary to the Park.
Protective measures must be installed for inspection by Councils delegate at the time of the pre-start meeting.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Site Access and Driveways
A sealed access driveway must be provided from Gateway Drive and Old Gateway Drive 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 in accordance with IPWEAQ standard drawing SEQ R-051.
The eastern access driveway from Gateway Drive must be constructed as an “Entry Only” access and sign posted accordingly.
The internal driveway extending from the Gateway Drive property boundary to the first carspace must be linemarked and signposted as a “No Stopping” and “No Parking” area. The linemarking and sign posting must be in accordance with the Department of Transport and Main Roads – Manual of Uniform Traffic Control Device (MUTCD) and be clearly indicated on any plans submitted for Operational Works approval.
The western access driveway from Old Gateway Drive must be constructed as an “Entry” and Exit” access and linemarked/sign posted accordingly. The works must include any necessary modifications to the existing linemarking in Old Gateway Drive.
Car Parking
A minimum of 14 car 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.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
6 staff parking spaces within the total, which are clearly marked for that purpose and may be in tandem
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
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 must include in particular a HRV space (12m x 3.6m)
Pedestrian and Bicycle Facilities
Pedestrian 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 2 metre wide concrete footpath extending from the existing footpath in the eastern Gateway Drive to the proposed pedestrian entry to the site.
This condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.
Bicycle parking and end of trip facilities must be provided onsite. In this regard 6 bicycle parking spaces must be provided and:
1 locker per 2 bicycle spaces and
1 shower cubicle with ancillary change room per 10 bicycle spaces or part thereof.
The plans must be amended to meet this condition and submitted prior to the issue of an operational works approval.
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 must include in particular:
stormwater drainage collected and discharged so there is no net increase in stormwater runoff from the site
stormwater runoff discharged into the on-site connection point constructed in the northern corner of the site as part of the works approved in the Development Permit for Operational Works, Council reference OPW15/0043
the use of gravity stormwater drainage and not surcharge pits.
Stormwater Quality Management
A stormwater quality treatment system must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Stormwater 360 Stormfilter system which:
is designed in accordance with the Stormwater Management StormFilter and Enviropod Filter (SFEP) Technical Design Guide
incorporates a high flow bypass if peak flows into the system exceed 50L/s
is provided with energy dissipation to prevent re-suspension of accumulated sediment
is designed such that the siphon activates following a 5mm rainfall event over the catchment area of the device
All Stormwater 360 proprietary stormwater quality treatment devices must be routinely checked, serviced and cleaned in accordance with the manufacturer’s recommendations. Records of all maintenance activities undertaken must be kept and made available to Council upon request. Where replacement cartridges or other necessary components for the system become unavailable, an alternative system is required to be retrofitted into the development to achieve an equivalent pollutant reduction outcome.
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.
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.
Advertising Devices
The development signage must comply with the Advertising Devices Code.
Environmental Health
The developer must provide waste storage and disposal facilities, including an external 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. 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.
A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9 Waste Management and Planning Scheme Policy 11, Waste Management Plans* must be submitted for the day-to-day operation of the development and approved by Council’s Waste and Environmental Health Section, prior to issue of development permit for operational works. (*refer to Advisory Notes)
The Plan must include the following information: -
the types of wastes that will be generated from the activities approved within the development
estimated volumes or tonnage of both recyclables and waste generated
methods to be used for dealing with garden waste
initiatives to minimize waste either by waste prevention, reduction, re-use or recycling
description of procedures for getting all waste to the bins; the storage of bins and the collection of bins by the contractor
a description of the design details of waste storage and recycling areas including size, location, elevation and floor plan, methods of bin washing and system to prevent storm water getting into sewer via the bin wash
a description of types and volume of waste storage containers to be used
the waste and recycling storage area shall include the provision of containers for all waste and recycling materials including putrescible matter, non-recycling waste, paper/ cardboard, glass, aluminium/steel cans, waste oil, Styrofoam boxes, etc, and bin washing facilities connected to sewer
a detailed description of vehicular access to collect waste.  Where collection is off street, access must allow vehicles to enter and leave the site in a forward direction.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Planning Assessment to arrange a Development Compliance Inspection.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
From 1 January 2000, the Building and Construction Industry (Portable Long Service Leave) Levy must be paid prior to the issue of a development permit where one is required for the 'Building and Construction Industry'.  This applies to Building Works, Operational Works and Plumbing and Drainage Works applications, as defined under the Sustainable Planning Act 2009, where the works are $150,000 or more and matching the definition of 'Building and Construction Industry' under the Building and Construction Industry (Portable Long Service Leave) Act 1991. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  Should you require clarification in regard to the amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991, you should contact QLeave on 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
To assist Council to undertake an integrated assessment of the operational works application, all aspects of the works must be included in one (1) application and be in accordance with Council’s planning scheme. Additional application fees apply to applications where the different aspects of the works are lodged separately.  Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
The works identified in this Decision Notice will be required to be carried out in accordance with a Construction Management Plan endorsed by Council through an approval for Operational Works.  To ensure expedient assessment of any Operational Works application, the applicant is advised to submit a preliminary Construction Management Plan that addresses the requirements of the planning scheme.  In particular, the preliminary Construction Management Plan should address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
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
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage.  NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Building Works
Noise from building works shall comply with the following –
Limited to between 6:30am to 6:30pm Monday to Saturday.
All reasonable measures are taken to minimise noise emissions.
Not permitted on Sunday or public holidays.

REPORT
PROPOSAL
The applicant seeks a Development Permit for Material Change of Use for an Industrial Business Type 2. The proposal consists of a 556m² tilt panel and glass industrial building to be purpose built for a national tyre retailer.

The rectangular shaped building is proposed to be sited to the southern boundary adjoining the park and various setbacks ranging from zero to 20m to the Gateway Drives boundaries. The development provides 14 car spaces and to use both the old and new Gateway Drive for vehicle exit and entry points. Figure 1 below shows the proposed layout of the development and the proposal plans are included as Attachment 1. The application is before Council due to the prominent location.

Figure 1 - Site Layout
site details
Background
Council issued a Preliminary Approval for Material Change of Use of Premises for a Bunnings Warehouse over the original lot in July 2008.

A Preliminary Approval was granted as concerns were raised over the road alignment, gradients and the impact the development would have on traffic movements in Gateway Drive.

The applicant subsequently lodged two appeals, one appeal being against the roadwork conditions and the second to the infrastructure charges notice for the roadwork’s contribution.

Council originally required the portion of the lot subject of this application (the island lot) to be dedicated as parkland. However, through mediation and the appeal process it was negotiated that an Industrial lot be created (the island lot) and a 10 metre wide strip adjacent to the Eumundi Noosa Road be maintained and dedicated as parkland. The 10m wide park lot has been created adjacent to the Eumundi Noosa Road, a continuation of the parkland strip in front of Officeworks site.

The subdivision creating the ‘island’ lot was approved under approval REC12/0014 but the registered plans are yet to be sealed. Therefore the subject site, being the island lot, still forms part of the Bunnings Warehouse lot at the time of this report.
Site Description
The triangular shaped lot slightly slopes from south to north and has been filled near the northern boundary.  Some regrowth vegetation exists onsite. Figure 2 below shows the subject site outlined in purple.

Council depot
Council depot
Bunnings
Bunnings
Showrooms & Office works 
Showrooms & Office works
Figure 2 - Locality map - subject site in purple

Surrounding Land Uses
To the west are showrooms including Office Works, to the east is Bunnings Warehouse, adjoining to the south a vegetated park lot and across Eumundi Noosa Road is the Rene Street Industrial precinct and Council’s works depot. Figure 2 above shows the subject site in relation to Bunnings, the depot and the Officeworks site.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ Regional Plan Regulatory Provisions
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed use is identified as consistent use within the zone and is required to follow a code assessable application process.
Locality Provisions
The proposed tyre retailing business is a use ordinarily expected in the Noosaville industrial precinct and is compatible with other industrial uses in the area. A small waiting and tyre showroom area is proposed to the eastern end of the building which is considered ancillary to the industrial use onsite. The development is of an industrial nature consistent with the established character of the area.
Setbacks
For the Industry Zone, The Noosa Plan requires a 6m setback to the primary road frontage, 4.5m to the secondary frontage and zero setback to other Industry zoned lots.
The subject site is an odd triangular to U - shaped island lot bounded on 3 sides by road reserve and a park to the southern boundary. The proposal involves the following setbacks:
approximately 20m to the northern boundary
zero to 4.3m to the western side boundary
3.4m to 4.5m to the eastern boundary.
zero to the southern boundary (park boundary)
Western and park boundaries
As part of appeal process it was agreed that buildings on the subject lot may have a zero setback to the western and park boundaries. This was accepted as it was determined at the time these setbacks would not create any amenity concerns. The zero to 4.3m setback to the western boundary also allows a sufficient area for landscaping. Furthermore, the 15m wide road verge provides extensive separation from the old Gateway Drive and the Office Works complex located opposite the site. A condition is recommended requiring a minimum 4m wide garden bed to soften the built form. In regard to the southern boundary, the park is well vegetated and south western verge area also provides good separation from Eumundi Noosa Road.
Eastern boundary
Approximately half the eastern elevation is setback 4.5m with the other half gradually reducing to 3.4m. This elevation extensively uses glass for the waiting and showroom purposes resulting in a less industrial elevation presenting to the street and the stepped roof form reduces building bulk within the setback. It is considered that a 3.4m to 4.5m setback is sufficient to provide landscaping within the site and reduce the prominence of the building.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Landscaping Code
Engineering Works Codes
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:
Car Parking
The following table set out the car parking requirements for the site:
Minimum Car parking required by Planning Scheme	Number of spaces required by Planning Scheme	Proposal	Complies
1 space per 30m² up to 150m² and 1 space per 50m² up to 500m² and 1 space per 100m² in excess of 500m²	13 spaces	14 including 1 disabled space and 6 in tandem staff spaces.	
Site Access & parking
The proposal includes an entry driveway in the eastern (Gateway Drive) frontage and an exit driveway in the western (Old Gateway Drive) frontage.
Access eastern (Gateway Drive) frontage
Concerns are raised that vehicles leaving the Eumundi Noosa Road/new Gateway Drive roundabout have only limited vision of a vehicle entering the site and stopping next to the ‘showroom’, as this could result in vehicles queuing onto Gateway Drive. There is sufficient area between the boundary and the building to provide stopping space for only 1 vehicle clear of Gateway Drive. In order to ensure that vehicles do not stop in the entrance and a “free flow” into the site, it is recommended that linemarking and signage be provided to prohibit stopping/parking between the entry to the site and the first parking space.
Access western (Old Gateway Drive) frontage
It is considered this driveway is suitably positioned to provide both an entry and exit driveway. It is also a more appealing entry to the site to those vehicles approaching from the west. Minor modifications to the existing centre line marking would be required.

The carparking layout is considered acceptable as the only constrained spaces are allocated as “staff” and the “through” access driveway negates the need for heavy vehicles to manoeuvre on site and exit in a forward gear.
External Works
The site’s frontage to Old Gateway Drive currently has kerb and channel and a footpath. The site’s frontage to Gateway Drive has kerb and channel but no footpath. It is unreasonable to construct a footpath for the full length of this frontage due to the narrow verge area and the existing footpath on the eastern side of Gateway Drive. It is considered reasonable to require the applicant to construct a footpath from the existing footpath in Gateway Drive to the entrance to the site adjacent to the “showroom”.
Landscaping Code
The Code requires 2m of landscaping to be provided between car parking and site’s frontage. The proposal does not meet this provision where the corners of 3 spaces are proposed near the boundary. The zig zag car parking layout, due to the odd lot shape, still allows for sufficient landscaping to screen the car parking area and is considered to meet the intent of the Code.
cONSULTATION
Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
Water Quality Officer
conclusion
The development seeks boundary relaxations due to the awkward shape of the lot and the extensive road frontages. It is considered the site can be landscaped to suitably soften the built form and the relaxations are supported. The proposed development otherwise generally complies with the provisions of The Noosa Plan and is recommended for approval subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	26 MAY 2015

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GATEWAY DRIVE