Development Application For Material Change Of Use Application For A Showroom (Automotive Parts And Accessories) At 139 Eumundi Noosa Road & 30 Lionel Donovan Drive, Noosaville MCU16/0038

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE APPLICATION FOR A SHOWROOM (AUTOMOTIVE PARTS AND ACCESSORIES) AT 139 EUMUNDI NOOSA ROAD & 30 LIONEL DONOVAN DRIVE, NOOSAVILLE MCU16/0038

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department
Index	ECM / Application / MCU16/0038
Attachments	Nil

APPLICATION DETAILS
Applicant	Inline Property Development P/L TTE
Proposal	Development Permit for Material Change of Use of Premises - Retail Business Type 4 - Showroom (Automotive Parts & Accessories)
Properly Made Date	4 May 2016
Information Request Date	Not Applicable
Decision Due Date	21 July 2016
Number of Submissions	No submissions received

PROPERTY DETAILS
Property Address	139 Eumundi Noosa Road, Noosaville
RP Description	Lot 4 SP 159610 & Lot 31 SP 170751
Land Area	Lot 4 - 4166m² & Lot 31 - 3574m²
Existing Use of Land	Lot 4 – Vacant; recently demolished industrial building including mechanical repairs, car sales yard and plumbing supply business Lot 31 – Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 July 2016 regarding Application No. MCU16/0038 for a Development Permit for Material Change of Use of Premises - Retail business Type 4 - Showroom (Automotive Parts & Accessories) situated at 139 Eumundi Noosa Road and 30 Lionel Donovan Drive, 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
A1	R	Site Layout, prepared by Powe Architects	14/04/2016
Nature and Extent of Approved Use
The approved use is for Retail Business Type 4 – Showroom (automotive parts and accessories) with a maximum gross floor area of 800m².
Prior to the commencement of the use all conditions of MCU14/0102 must be complied with.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The showroom for the sale of automotive parts and accessories provides an automotive service-related business suitably located in the Noosaville auto precinct.
The proposal is compatible with and complementary to surrounding industrial and vehicle uses.

REPORT
PROPOSAL
The application seeks a Material Change of Use for a Retail Business Type 4 - Showroom for the sale of automotive parts and accessories. The subject tenancy is within an approved mixed use industrial development currently under construction, comprising a service station and convenience store, a drive through food outlet and four industrial use tenancies. The application seeks a showroom within one of the industrial tenancies with a gross floor area of 800m².

The application also seeks flexibility to maintain the Industrial Business Types 1 and 2 approval for the tenancy.
Figure 1 below shows the elevation from Eumundi Noosa Road and Figure 2 shows the approved layout and the proposed showroom.

Figure 1 – Elevation

Figure 2 – Development Layout and the subject tenancy

The application is before Council as Retail Business Type 4 - Showroom is an inconsistent use within the Industry zone.
site details
Background
A Material Change of Use for various industrial businesses, a service station/convenience shop and a food outlet and Operational Works for signage was issued on 4 June 2015 and took effect on 10 August 2015.
On 24 September 2015 Council approved a change to the approval which primarily related to the inclusion of a vehicle drive-through to the rear of the food outlet and minor changes to the floor layout and car parking.

On 23 October 2015, Council approved a change to the approval to remove the Retail Business Type 6 – Hardware Store from the Material Change of Use approval.

The service station is proposed to be operated by the 7–Eleven group, the drive-through food outlet by KFC and one of the tenancies is a national tyre retailer.

At the time of writing this report, the old buildings that were on-site have been demolished and the applicant has submitted an operational works application to Council.
Site Description
The site comprises Lot 4 and Lot 30. Lot 4 is a triangular shaped lot of 4,166m² fronting Eumundi Noosa Road. There is some existing fill to the northern part of the lot that accommodated past buildings. The lot has a small frontage to Lionel Donovan Drive.

The adjoining Lot 30 has 2 frontages, Lionel Donovan Drive and Walter Hay Drive. The 3,574m² lot is generally rectangular in shape with a rounded frontage to Walter Hay Drive and a triangular section to Lionel Donovan Drive. The lot has roughly 2.5m of diagonal cross fall from the Lionel Donovan Drive frontage to the north east corner of the Walter Hay Drive frontage.

Figure 3 below shows the site’s location and surrounding uses.
Surrounding Land Uses
The lots have frontage to Lionel Donovan Drive which is the ring road that creates the Noosaville auto park. Retail showrooms for vehicle sales are a consistent use fronting Lionel Donovan Drive and as such dominate the southern portion of Lionel Donovan Drive. Vehicle related businesses such as tyre retailers, vehicle service and mechanical centres, caravan repairs, car wash and auto electrical businesses are interspersed around the other areas of Lionel Donovan Drive along with some other industrial uses.

A vehicle sales showroom has recently opened diagonally opposite the site to the south west along Eumundi Noosa Road (the old Bunnings site).

The Good Shepherd Lutheran College is diagonally opposite across Walter Hay Drive to the north east and the Venture Drive industrial precinct is across Eumundi Noosa Road to the North West.

Figure 3 – Surrounding land uses
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 and the associated 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 an inconsistent use within the zone and is required to follow an impact assessable application process.
Noosaville Locality Code Provisions
The Noosaville Locality Code provides the following overall Outcomes for new uses:
Overall Outcome 11.8.2 reads
11.8.2 	The overall outcomes sought for the Noosaville Locality are the following—
a)	New uses and works are located, designed and managed to—
i	be compatible with other uses and works;
ii	maintain the safety of people and works;
iii		avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and…
AND
The following Specific Outcome for the Industry zone is also relevant:
Specific Outcome O188

O188	Uses are predominantly of an industrial nature ordinarily expected in an industrial estate with ancillary uses compatible with industrial businesses
The proposed showroom for the sale of automotive parts and accessories is located within a mixed use industrial complex that includes a service station and a tyre retailer. The site is also within the northern portion of the Noosaville auto park precinct where Retail Business Type 4 – Showroom for vehicle sales is a consistent use, as the lots front Lionel Donovan Drive. The intent of the Planning Scheme is to cluster vehicle sale uses to lots that front Lionel Donovan.
The nearby vehicle sales businesses include the sales of vehicles parts and accessories. The proposal is similar to these businesses but with a larger stand alone floor space and without the vehicle sales component. The proposed use is considered compatible with and complementary to the nearby vehicle uses within the auto park and will service the surrounding Noosaville industrial area. Council has approved automotive and trade related showrooms in the past, finding them compatible with the industrial zone.
The proposal is unlikely to create any adverse impacts to the surrounding area given its compatibility with nearby uses.
The Noosaville Locality Code Overall Outcome 11.8.2 y) is relevant to the assessment and reads:
11.8.2 y)	For the Industry zone – land in this zone
…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;
Specific Outcome 11.8.2 y) excludes residential, community and commercial uses but allows for some retail uses. In this instance, it is considered a showroom for the sale of automotive parts and accessories is well located in amongst vehicle uses and provides an integrated complex servicing the nearby auto precinct and the greater industrial area.
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 Code

The Noosa Plan Codes were addressed as part of the Material Change of Use for the whole complex (MCU14/0102) and the proposal has no impact on any of these provisions. The proposal attracts a slightly lower car parking rate than the industrial use originally approved and therefore raises no parking concerns.

Existing approved Uses

The application seeks to maintain the existing approved Industrial Businesses Types 1 and 2. Both uses are consistent in the Industry zone and maintaining these provides flexibility into the future and raises no concerns.
cONSULTATION
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No submissions were received.
conclusion
Despite the use conflicting with the industrial zone, the retail sale of automotive parts and accessories is considered well located near a service station, tyre retailer and within the Noosaville auto park precinct. The proposal is considered complementary to and compatible with vehicle uses nearby and is unlikely to create any adverse impacts.

Despite the conflict with The Noosa Plan, the following are considered grounds to support the application:
The showroom for the sale of automotive parts and accessories provides an automotive service-related business suitably located in the Noosaville auto precinct.
The proposal is compatible with and complementary to surrounding industrial and vehicle uses.
The showroom for the sale of automotive parts and accessories does not raise any other significant planning concerns and is recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 JULY 2016

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‘Subject
tenancy shown
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1W Eumundi Noosa Road Elevation

NOTE: FOR DETAILS OF LANDSCAPE BUFFER TREATMENT SEE DFS LANDSCAPE DESIGN DOCUMENTATION

 


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