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Response to Information Request 5-7 Rufous Street Peregian Beach MCU13/0092

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                      X0040S07
                      X0017894                    t~~y
Council’s Ref:              MCU13/0092
Our Ref:                    11078       15205gd.gd
                                                                               DFS GROUP
                                                         CS 01’33             INTEGRITY’EXCELlENCE’SUCCESS

                                                                    fjY)
1 August 2013
                                              x   ~J^~)4-\OK. ....20..                          LEVEL 6
                                                                                   57THE ESPLANADE
                                                     mCu\3 COQZ                         COTTON TREE

                                                                                           PO BOX 605
The Chief Executive Officer                                                        MAROOCHYDORE
                                                                                             QLD 4558
Sunshine Coast Council
                                                                                        T 07 5443 5566
Locked Bag 72
                                                                                         F 07 5443 9977
Sunshine Coast Mail Centre
                                                                                 [email protected]
Qld      4560                                                                         dfsgroup.com.au


Attention: Jack Lewis




Dear Sir,


Response to Information Request
Proposed Material Change of Use of Premises (Entertainment and
dining Type 1 Food & beverages, Commercial Type 1 Office and
Retail business Type 2 Shop & Salon) located at 5-7 Rufous Street
Peregian Beach

Introduction:
Following       is   our    (the applicant) response to Council’s
                           client’s
Information Request issued by letter dated 3rd June 2013. Please
note that this response is made pursuant to the Sustainable
Planning Act 2009, wherein the applicant is responding by giving
"all of the information requested..."


In an attempt to assist the general community in its evaluation of
the  development application and its associated town planning
report we have produced an Executive Summary below which
outlines what we consider are the most relevant aspects of the
application.

Executive Summary
E. S 1   Multi Span Australia Group is proposing a Convenience Retail
         Centre development comprising a 1,1 00m2 gfa IGA Store and
         750m,2 gfa of Specialty Shops (defined in the Noosa Plan        as

         ’Retail business Type 2 Shop & Salon’ and ’Entertainment and
         dining business Type 1 Food & beverages", and ’Commercial                  TOWN PLANNING

         business Type 1 Office’) on the abandoned Peregian Beach
                                                                                LANDSCAPE ARCHITECTURE



                                                                                   LIQUOR LICENSING


                                                                                    ENVIRONMENTAL
Full text of the other 18 pages

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          Bowls Club site     legally described           as        lot 94 SP137431     Rufous
          Street   Peregian   Beach      ,
                                             which is located about 250metres
          north -west of the traditional Peregian Beach Neighbourhood
      (Village Square) Centre with the existing 2 storey ’Marquesas’
      commercial development adjacent to the site and between it
      and the Neighbourhood Centre.
E.S 2 The Peregian Bowls Club site is privately owned and is included
      in the Open Space Recreation zone, a legacy of its original
      tenure as Crown land and ownership by TM Burke Pty Ltd
      (Development Lease), and thence more recently the Peregian
      Beach Bowls Club (till about 2006) who approached the Pine
      Rivers Memorial Bowls Club in about 2004 seeking assistance
      because the Club had been allegedly trading insolvent and
      unable to pay their debts before it finally was sold to the
      PRMBC in 2006 and a 10 year lease back arrangement entered
      into. Notwithstanding a number of assistance initiatives by the
      PRMBC it again became apparent that the Peregian Bowls
      Club would be trading insolvent and unable to meet its debts
      and it was placed in the hands of a Liquidator.
E.S 3 The proposed IGA Store is intended to be operated by Michael
      and Roselyn White of the White IGA Group, local Sunshine
          Coast residents who have the IGA store at BIi BIi                      ,
                                                                                     Mt Coolum
          and   Mooloolah.  They intend offering amongst the normal
          range of goods the following produce from the Store:
                   organic products,
                   .


               .
                   vegan products,
                   .seafood,
                   .a   full delicatessen range of continental & gourmet &
                    speciality lines,
                   .a   full range of meat,
                   .locally sourced fresh and local produce

          ,along with:
                   a loyalty program for customers and the community,
                   .


                   a Community Chest Program,
                   .


                   an E-Catalogue/Direct catalogue offer,
                   .


                .an on-line shopping option,


                   friendly, easy and convenient shopping, and
                   .


                   .a business which will be locally owned and operated

                   providing up to 80 new fulltime and part-time jobs.




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E.S 4 The mix of Speciality Shops is still in the pre-commitment stage,
          however, interest has been shown from the following range of
          tenants, some of which exist in the traditional Village Square
          but who wish to expand/modernise:

                   1. Bottle Shop,
                  2. Noodle Bar,
                  3. Newsagency,
                  4. Pharmacy,
                  5. Coffee Shop,
                  6. Medical Centre,
                  7. Australia Post,
                  8.   Bakery,
                  9. Bank, and
                  10.Travel Agent.


E.S 5 The         Noosa    Plan’s Eastern    Beaches              Locality Code’s overall
                                                                        "
          outcome for Peregian Beach is, inter alia,                    a wide range (our

          emphasis) of local Retail, Commercial and Entertainment and
          Dining Uses within the neighbourhood centre serve the
          immediate needs of residents and visitors of the locality", and
          "For the Open Space Recreation Zone         areas of open space
                                                                   -




          contribute to the desired lifestyle of residents by offering a
          variety of passive and active recreational experiences that are
          conducive to community interaction and wellbeing".
          Section 7.7 of the Code states that "Development complies
          with the Eastern Beaches Locality Code if it-
          7.7.1 fulfils the specific outcomes for the locality in Division 15;
          and
          7.7.2    is a consistent use and fulfils the specific outcomes for
          the relevant zones (Divisions 16 to 24)"
          The     proposed       development         complies            with   the specific
          outcomes of Division         15, however, it does not                 comply with
          Division 1 6 as the proposed development uses are inconsistent
          with the preferred uses for the Open Space Recreation Zone.
E.S 6 It    would       seem     reasonable     to    conclude              that the   Eastern
          Beaches Locality Plan and Code are no longer applicable, as
          withthe passage of time and events since it initially
          commenced in 1997 and subsequently updated in February
          2006 (7 years ago), it has been overtaken by time and
          development trends beyond those anticipated by the Plan
          and Code, as evidenced by:
                     the closure of the Peregian Beach Caravan Park
                       .


                     and its proposed replacement by the P & E Court
                     approved ’Scanlon’ mixed use development not                       -




                     yet established;


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                      . the closure and abandonment of the                               Peregian
                            Bowls Club in about 2010;
                      . the establishment of thePeregian Beach Tavern
                        on  the western side of the David Low Way
                        opposite the neighbourhood centre;
                      . the establishment of the mixed commercial                             use

                        development        on     the north side of Heron Street
                        opposite the neighbourhood centre;
                      . the establishment of the commercial "Marquesas"
                        development on the western side of the David
                        Low   Way   immediately  adjacent    to  the
                        abandoned Bowls Club site; and
                      . the more recent approval for the closure of the
                            Friendly Grocer premises in the neighbourhood
                        centre and its conversion to                      a     Restaurant and
                          market stall   type development                       at    ground level
                        with offices above.


          All   of   these    developments         are        outside           the    designated
          neighbourhood centre zone.

E.S 7     Whilst the Character Statement narrative for Peregian Beach
          at the beginning of the Eastern Beaches Locality Plan states,
          inter alia, "Peregian Beach in the south serves a significant role
          in    providing    local   convenience  shopping, (our emphasis)
          business and   community services", close examination of the
          patronage and function of the Village Square (neighbourhood
          centre) indicates that the local convenience shopping facilities
          are limited (relatively insignificant), and certainly not providing

          a  ’wide range of local retail uses’, particularly once the
          Friendly Grocer premise is re-developed.
E.S 8     The actual function of the neighbourhood centre is clearly that
          of a highly successful and relatively unique entertainment,
          dining and social meeting place for local residents and visitors,
          a fact confirmed by 72 % of local residents in response to a

          recent independent Survey         This in fact may be part of the
                                              .




          reason  for the proposed    closure  of the Friendly Grocer and its
          replacement by a Restaurant and small market stalls in that the
          owner of the premise is aware that the neighbourhood village

          centre functions as an entertainment/dining/social centre and
          not as a true convenience shopping centre.
E.S 9     In relation to the establishment of commercial developments
          outside designated town and village centres the following
          Planning & Environment Court determinations are of relevance,
          namely:



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          ’If "edge of centre" development is to be tolerated, and if
          there are no other suitable and available sites within the zoned
          Local Centre, an   edge-of-centre site is preferred to a more
          remote location"
          "Taking 1000 or so local people to be opposed (out of 7,500),
          we are still far from a majority. Even if the majority of the

          opponents be taken to hold a strong view that there is no
          need for the proposal (in opposition to the economic experts)
          we are far short of having a community view established that

          there is no need the situation must be that the weight of
          numbers, whilst not ignored, cannot prevail."
          "What is more important than numbers alone is the validity of
          the contents of the submissions"
          "It is not a proper function of the court to act with            a   view to
          preserving the status quo, to restrict the introduction of
          competition, etc. Its proper function is to assess the merits of
          the development proposal and whether conflicts with the
          planning scheme must defeat it or can become overcome by
          sufficient grounds.
          The proposal results in economic and community benefit
          overall and would go so far as to hold that the "need"satisfied
          is "overwhelming".
       (Source: BD 2747 of 2008 which dealt with the re-Iocation and
       expansion of an existing IGA Store at Mt Tamborine)
       An additional point of interest given that sectors of the
       Peregian Beach community are likely to be opposed to the
       alienation of a perceived community recreational site (albeit
       privately owned) is that the P & E Court also takes the view that
       ’the meaning of "overwhelming community need" will vary
       enormously from case to case, and when as here, the need to
       be satisfied involves the daily essentials of ordinary life, the bar
       should not be set too high.’
       (Source:BD 1490 of 2007 Parmac Investments Pty Ltd v BCC)
E.S lOAn economic "Needs Assessment" report by Foresight Partners
       (2013) found that "there is a clear and significant economic
       and community need for the proposed neighbourhood
       centre", and that "more than $10.5m (85%) is expected to be
       recaptured of spending currently escaping from Peregian
       Beach" during the first year of full trading (2015),and "the lack
       of supermarkets indicates a clear void in the existing retail
       provision", and "impacts are unlikely to adversely affect the
       vitality and viability of any existing supermarkets or retail
       centres and initial impacts will be ameliorated by continuing
       market growth";
E.S 11 Peter Sharpe who when working for TM Burke in the 1960’s was
       responsible for the establishment of the Bowls Club concept, in


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          his   2007   publication"Up Rose An Emu" observed that
          "Additional licensed premises, the growth and expansion of
          the Surf Club, a drop in patronage, and the overall interest in
          other community facilities by the general public may well see
          its (The Peregian Beach Bowls Club) demise" how prophetic           -




          this may turn out to be.
E.S 12 The critical question for the majority of residents of the local
          community is are they prepared to forego a local supermarket
          (and accept that considerable escape expenditure will leave
          the Peregian Beach community) and travel to Peregian
          Springs/Coolum Beach/Noosa Junction and elsewhere for their
          normal daily and weekly convenience goods, and if not, is the
          proposal’s conflict with the Noosa Plan provisions so major that
          there are not sufficient grounds to justify approval, despite the
          conflict. Such questions grow in significance with the ageing of
          the local community, increased fuel costs, and the need to
          ensure that needs of future generations of Peregian Beach are

          not overlooked.


                        Information request response
Each issue (and heading) itemised by Council has been provided
below in the same sequence as Council’s Information                               Request,
with the applicant’s response provided underneath each issue.


As part of this response four (4) amended drawings by Cater Hood
Architects are included at Attachment A. The four plans are listed
in the Table below.


       Drawing Number                                            Description
7044-0 dated 02 AUG 13/DA                                         SITE PLAN
7044-0 dated 02 AUG 13/DA                           GROUND FLOOR PLAN
7044-0 dated 02 AUG 13/DA                       BUILDING ELEVATIONS AND
                                                                   SECTION
7044-0 dated 02 AUG 13/DA                           BUILDING ELEVATIONS




PRELIMINARY ADVICE
Whist the  Planning advice from the Pre-lodgement Meeting did
refer     to serious conflict, because speciality shops are an
                a

inconsistent use in the Noosa Plan’s Open Space Recreation zone,
our subsequent site and locality specific research and detailed

town planning analysis which forms part of our town planning
report, found that the conflict is not considered serious, for the
reasons provided at Section 1.0 (pages 5 and 6) and Section 9.0 of

our town planning report.




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This assessment is not dissimilar to that determined by the Planning
& Environment Court in the Scanlon Appeal which also involved
retail shopping facilities in the Open Space Recreation zone of the
nearby Peregian Beach Caravan Park site.

Further there      are myriad of Planning and Environment Court
                          a

determinations that accept that notwithstanding a conflict with
the planning scheme, that in many circumstances, there are
sufficient grounds to grant approval notwithstanding a conflict.


Most   recently this was the outcome in the Mackay Shopping
Centre Pty Ltd A.C.N 140 014 875 as Trustee for the MSC Unit Trust
.v. Mackay Regional Council and Parkside Development Pty Ltd

A.C.N 009 802 233 (1786/2012) which involved, inter alia, a 1650m2
"full line" IGA supermarket and speciality shops, and where the
Court recognised ’a clear conflict with the planning scheme’ and
determined that the proposal should be approved.


PLANNING
Open Space Network

J. Provide      evidence      justification that the Open Space
                              and
      Recreation zoned land is not required for current and future
      open space recreation/community uses


Representations:
The followings Facts and circumstances are considered relevant to
Council’s issue, namely:


      1. Di Hurst Oval and neighbouring lands to the south and south-
          east are included in the Open Space Recreation zone and
          are  largely in public ownership with the Di Hurst Oval
         complex      capable      of   accommodating       additional
         recreation/community activities, particularly in the southern
         portion of the Reserve. Much of the area appears as grassed
         areas with no formal designation for public recreation uses;

      2. By contemporary standards the Di Hurst Oval is under-
         developed and under-utilised;
      3. Council’s 2011 adopted Sunshine Open Space Strategy
         report does not identify the subject Peregian Bowls Club site
         as a desirable site for any form of public recreational

         (passive or active) uses;
      4. As with many Coastal communities the Beach and foreshore
          areas   offer   considerable             opportunities not
                                          recreational
          factored into the town planning POS supply requirements for


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          local populations, and as such the provision of available POS
          is under-represented;
    5. Parks and Recreation          Spaces west of the David Low Way
          and     other   major    coastal Roads are often relatively
          underutilised by residents and visitors due to the attraction of
          the Beach, foreshore and associated licensed                         premises, ie
          Jack Morgan P"ark at Coolum, the Peregian Bowls Club and
          Di Hurst Oval at Peregian Beach;
    6. Peregian Beach has a limited and ageing population with
       very restricted opportunity for an increased population, such
       that the future demand for additional public open space
       opportunities is limited. This is one of the main reasons why
       the original Peregian Beach Community Swimming Pool was
       closed by Council it was not financially viable due to many
                               -




       of the factors expressed above;
    7. There is no school at Peregian Beach, and as such local
       children often use facilities outside Peregian Beach as a
          matter of convenience;
    8. The Peregian Bowls Club has been abandoned as an active
          sporting destination for about 3 years and no Community or
          Council progress has been made in acquiring and
          developing it for a recreational or community use during
          that period, which would suggest that any potential public
          use is highly likely to be unviable, for similar reasons which led

          to the demise of the Bowls Club i.e lack of population,
          demographic constraints, competing venues outside of
          Peregian Beach township, and competing activities east of
          the David Low Way ;
    9. The dimensions of the site are not conducive to a range of
       public recreational/community uses, particularly given its
       relatively narrow width;
    10. Any public use would need to also provide car parking and
       this would further erode the ability of any significant public
          recreational use of the site; and
    11. We      understand     that   Council       has          recently resolved to
          prepare  a Master Plan for Di Hurst Oval. This may well

          suggest that any future public recreational requirements for
          Peregian   Beach residents would             likely be provided at Di
          Hurst Oval. In addition to the area of the current Reserve we
          are unaware     of any reason why the Di Hurst Oval complex
          could    not     expanded given it has no immediate
                          be
          residential/urban neighbours. Council’s resolution did not
          include the subject Bowls Club site in any investigations.


In conclusion there is no evidence to justify the purchase and use
of privately owned land at Peregian Beach for Public use. Further,



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we      have not         any evidence regarding specific public
                    sighted
activities which are not provided at Peregian Beach and which, if
provided, would be patronised as to be viable should                        the
community acquire private land for said purpose.

2. Demonstrate how the Peregian Beach community would not be
      disadvantaged by the loss of Open Space Recreation zoned
      land.


Representations:
The followings Facts and circumstances are considered relevant to
Council’s issue, namely:
      1. In recent years (since about 2010) no section of the Peregian
          Beach community has had access to the subject site which
          isprivately owned. Prior to that it is assumed that access
          would only have been available if the resident was a
          Member of the Peregian Bowls Club (or had reciprocal
          membership through another Club, or was signed in by a
          member or staff), and therefore would not now be
          disadvantaged by its use for other private purposes.

          To the contrary the public will have access to the site if it is
         ultimately developed for a convenience shopping centre as
         proposed;
      2. Similar concerns expressed in the Scanlon Appeal were not
         upheld; and
      3. As with the conversion of the original Peregian Beach
         Swimming Pool complex in the centre of the Village Square,
         the community has not been disadvantaged as a greater
         range and proportion of residents (and visitors) now enjoy
         the entertainment, dining and social meeting opportunities
         offered by the retail setting of the Village Square.


In conclusion, the dominance of ’public open space’ along the
foreshore      more   thancompensates for the conversion of the
subject privately owned site to a convenience shopping complex.
As previously mentioned the publicly owned Di Hurst Oval Reserve
is currently under-developed and under-utilised, and any identified
specific public recreation needs for Peregian Beach should
explore the opportunities of using public owned land, before
expending public funds on acquiring private land, for all the
obvious reasons fie. capital expenditure, ongoing maintenance,
and functional viability)..


3. Provide evidence and justification for the creation of a second
      ’neiQbourhood centre’ in PereQian Beach, and demonstrate


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   how the development will contribute to a compact town centre
   in accordance with the Outcomes of the Noosa Plan.
Representations:
The followings Facts and circumstances are considered relevant to
Council’s issue, namely:
   1. The   economic Assessment by       Foresight Partners has
      identified a number  of community  benefits from creating a
          second "retail’ node   -
                                     refer to the Conclusions at the end of
          their report;
    2. The      existing Village Square does not function as a
          ’neighbouhood centre’, as evidenced by our town planning
          report’s analysis of the land uses in it, the way in which the
          community and visitors use the Square as an entertainment,
          dining and social meeting place, a fact confirmed by 72% of
          the Survey respondents in the Community Survey         refer to      -




          Question 6i at page 49.


       Neighbourhood centres traditionally provide a range of
       convenience shopping facilities      this is not the case in the
                                                   -




       Village Square (Neighbourhhod centre);
    3. The definition of compact is a relative term, which will have
       different interpretations for differing localities. The proposal
       will offer a range of convenience shopping not presently
       available within Peregian Beach, or likely elsewhere in
       Peregian Beach due to the absence of suitably zoned or
          convenient sites.


          The proposal will offer car parking which is deficient in
          quantum at Peregian (confirmed by the responses to the
          Community Survey).

          Customers to the IGA convenience centre will have the
          option of walking to the Village Centre (200-300metres)
          which is a level walk and not an unreasonable walking
          distance by town planning standards, or by a 1 minute drive
          to the Village Square    this is considerably less than the
                                     -




          current practice of the majority of residents driving to
          Peregian Springs, Coolum Beach or towards Noosa to do
          their convenience shopping.


          Inspection of the Community Centre carpark on Sundays will
          disclose that residents park there and walk to the Markets
          near the Surf Club, confirming that the location is not outside

          of what the locals consider a compact town centre.




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    4. We note that the Peregian Beach Sports & Recreation Club
          are  producing a "Vision on the Village" which has the
          subject site and the Village Square within the boundary of
          said Village, confirming, in our opinion, that this represents a
          relatively compact centre node. This is supported by the
          relatively low speed environment of the David Low Way due
          to traffic calming devices in this locality             refer to       -




          Attachment B for a copy of the "Vision on the Village" aerial
          plan.

    5. It     is    our   expectation     that     the         proposed          IGA   based
          convenience centre will provide a bona fide convenience
          centre for  Peregian Beach residents as by default, the
          existing neighbourhood zoned centre does not full-fill this
          role.


In conclusion, as with many other urban centres which incorporate
nodes with differing functions (i.e retail node and entertainment
node), this would   be the case at Peregian Beach should the
proposed development receive approval.


4. Amend                        plans, depicting a fence with no
                   the architectural
   pedestrian or driveway access along the site’s eastern
   boundary with the Council carpark at 253 David Low Way (Lot
   95 SP 137431). Also, include a statement about the viability of the
   proposed retail tenancies 2-6 with an eastern orientation and no
   access beino provided throuoh the car park.



Representations:
The followings Facts and circumstances are considered relevant to
Council’s issue, namely:
   1. We respectfully advise that the plans have not been
      amended to depict a fence with no pedestrian access
      along the site’s eastern boundary because:
         such a barrier is contrary to all basic town planning
          .


         principles of providing convenient pedestrian access
         from the nearby Bus Stop on the David Low Way, for
         members of the local Community wishing to gain access
         to the convenience shopping centre from the adjoining
         Peregian Beach Community Centre, or for residents
         walking to the site from nearby residential addresses;
         a fence/barrier is contrary to the provisions of Council’s
          .


         own planning scheme which aims to increase the use of

         public transport and pedestrian movement. This is
         significant at Peregian Beach where traffic calming has

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              been    introduced        so     as      to          prioritise   pedestrian
             movements;
          .  Council’s letter of 4th April        advising that Consent would
              not be provided for the inclusion of Lot 95 on our clients’
              MCU   application, however, no reference was made to
              pedestrian access;
          .   Provision of a fence, if agreed to, would create an
             undesirable precedent associated with an unreasonable
             and unacceptable town planning outcome;
          .  A fence introduces security issues and surveillance
             difficulties at a community activity node;
          For the reasons presented above the applicant advises that,
          with respect, it is not their intention to provide a statement as
          requested.

          Notwithstanding the reasons provided above, it would also
          be known to Council’s town planners that there are
          numerous examples of retail tenancies with      an eastern

          orientation and no direct access from a car park or public
          street  -
                   refer to examples in Hasting street Noosa Heads,
          Sunshine Plaza at Maroochydore etc.


In   conclusion there is      no   valid      town      planning           reason   for the
establishment of       a   fence between the site and the                        Peregian
Community         Centre/ David        Low          contrary Council
                                             Way. To the
would normally insist that there was no fence so as to improve
circulation, surveillance and accessibility to and from neighbouring
public    recreation/community       facilities. Further,  a   fence
discourages the use of public transport by potential IGA shoppers
etc.


5.   Identify any proposed pedestrian links and potential upgrades
     to the existing retail and commercial shopping areas within the
     Neighbourhood Centre zone (Pereaian Sauare!.

The followings Facts and circumstances are considered relevant to
Council’s issue, namely:
          1. No   upgrades are proposed within                      the    Neighbourhood
             Centre zone;
          2. We   assume    thePeregian Square is the same as the
             Village Square,      the term Peregian Square is not
                                  as

             referred to in the planning scheme and is not normally
             locally used;
          3. We are unaware of the reasons for such a request, and
             are unaware of similar requests associated with    the
             establishment of the Marquesas development, the


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             Peregian Beach Tavern development, the Scanlon
             development      or    the   Heron    Street    (north-side)
             development;
          4. Notwithstanding, the above our client may be prepared
             to consider a further pedestrian crossing of the David Low
             Way and any associated footpath works if the
             Department of Transport and Main Roads, Council’s
             Traffic consultant, PH Traffic Consultants and the Council
             consider such would benefit the local residents and            be
             safe.


In conclusion we are not aware of what Council’s intentions are
for this issue, but would accept a condition setting out said works
provided that there is a nexus between the proposed
development and the works required, and that said works are
reasonably required and not an unreasonable imposition on the
development.



6. Provide details of how access to the proposed shopping centre
   being limited only to Rufous Street, affects the way in which the
   proposed shopping centre integrates with, and impacts upon
   the existinQ PereQian Beach NeiQhbourhood Centre
The followings Facts and circumstances are considered relevant to
Council’s issue, namely:
             1. As discussed in   our               report and further
                                        town planning
                documented in the Economic Assessment report by
                Foresight Partners, there is not expected to be any
                discernible impact from the proposed centre on the
                tenants of the Neighbourhood Centre, nor the role
                they provide, as they are predominantly either Dining
                establishments, Fashion Shops, Interior decorating
                shops, Offices, Real Estate agencies and Health Care
                related businesses, with only a few relatively small
                convenience type outlets;
             2. We do not consider that the proposed convenience
                shopping centre will integrate with the existing
                Peregian Beach Neighbourhood Centre because they
                are physically separated by the David Low Way, and

                further both centres will provide different functions,
                although we would expect the proposed centre to
                complement the existing traditional Village Square
                (Neighbourhood Centre) by bringing additional
                shoppers/residents back to Peregian Beach for their
                weekly/fortnightly/monthly convenience shopping              ,




                after which we would expect a proportion would


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               gravitate to the Village Square to enjoy the
               entertainment/dining/social meeting ambience and
               role it offers;
            3. As established by Foresight Partners in the first year of
               operation of the proposed IGA convenience centre
               (assumed to be 2015) there would be about $1 0.5m of
               escape expenditure returning to Peregian Beach, with
               the traditional Neighbourhood Centre traders being
               beneficiaries to part (albeit a small part) of that
               otherwise escape expenditure;
            4. In addition Foresight Partners concluded, inter alia,
               there would be no threat to the viability of any existing
               supermarkets or retail centres or the proposed retail
               hierarchy of the Sunshine Coast;
            5. It has always been our client’s preference for access
               to be both from Rufous Street and the David Low Way.
               This would improve the potential for any integration;
            6. We do not expect the proposed development to
               directly integrate with the existing Peregian Beach
               Neighbourhood Centre, although we do expect that
               the latter will gain indirect benefits from ’flow on’
               patronage after residents and visitors complete their
               convenience supermarket and other convenience
               shopping activities, as already discussed above. We
               expect that only positive impacts will occur over time
               within the Village Square.


In conclusion we do expect any physical integration.


ECONOMIC


Foresight          Pty Ltd by letter dated 4th July 2013 and
             Partners
addressed to the DFS Group has responded to the two (2)
economic issues in Council’s Information Request. A copy of this
advice forms Attachment C to this letter.


A summary of their respective responses are included below each
of the issues raised by Council.


7. Provide details of all the retail and commercial premises located
   within Pereqian Beach, includinq the use of floorspace area.


Foresight Partners Pty Ltd identified the following:

             Category                        Estimated Floor Area (m2)
          Clothinq Apparel                                        990



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             Commercial                                                 1,530
              Household                                                  810
           Personal Services                                             990
          Professional Services                                        2,160
                 Food                                                   1,960
            Vacant    -
                          Retail                                         187
      Vacant     -
                     Commercial                                          249




8. Provide details of historic population growth of the Trade Area
   from 1996 to 2011.


Foresight Partners Pty Ltd has advised that due to boundary
changes between 2006 and 2011 that population changes are
approximations only.

The approximate growth has been 414 persons and 158 dwellings
which  equates to an average annual growth of 83 persons and
323 dwellings respectively or an average annual growth rate of 2%.




ENVIRONMENT


Amenit
9. The car parking areas increased traffic in the local street, loading
    bay service area and operation of commercial plant and
    equipment (after hours deliveries, air conditioning and
    refrigeration units, waste collection and vehicle noise)has the
    potential to denigrate the amenity of adjacent properties top the
    north west and east of the site. A noise impact assessment is
    required addressing the potential noise impacts that may be
    generated by the use. Where potential impacts are identified,
    which can be viably controlled, the assessment is to be prepared
    by a suitably qualified person and in accordance with the
    Environmental Protection (Noise) Policy 2008, and relevant
    Australian Standard, e. .AS1055 series.


The followings Facts and circumstances are considered relevant to
Council’s issue, namely:


Refer to the "Proposed Shopping Centre, Rufous Street, Peregian
Noise     Impact Assessment Report (1 August 2013) by Renzo Tonin
Ron       Rumble, Acoustic         Consultants,      a    copy           of     which   forms
Attachment D to this letter.




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 Waste servicing
10.Clarify the type of bins proposed for the use and their point of
    servicing. Provide an access and swept path analysis for the
    front loading Refuse Collection Vehicle (RCV/HRV), using a
    computer aided program compliant with AS2890.2 to
    demonstrate that safe easy and unobstructed on-site servicing
    of bulk bin containers can occur. Design vehicle specifications
    are outlined in the Noosa Planning Scheme Policy 9        Waste        -




    Management. Note that the RCV/HRV must enter and exit the
    site in a forward motion and the swept and access pat analysis
    needs to assume that car parks on the site will be occupied at
    the time of servicing. On-site reversing of the RCV /HRV is not
    preferable where crossing pedestrian pathways. Further, the
    awning proposed in the loading area may impeded bulk bin
    servicing with regards to clearance height, it is requested that
    the point of collection for bins be clarified.


 The followings Facts and circumstances are considered relevant to
 Council’s issue, namely:




 ENGINEERING
                         (PH) by letter dated 29thJuly 2013 and
 Pekol Traffic & Transport
 addressed to Multi Span Australia Pty Ltd C/- the DFS Group has
 responded in part to the six (6) engineering (traffic) issues in
 Council’s Information Request. A copy of this advice forms
 Attachment E to this letter.


 A summary of their respective responses are included below each
 of the issues raised by Council.


 Access and parkina
11.Provide plans that indicate separate access points for service
    vehicles   and   customer    vehicles,     or    demonstrate           how   the
    proposed    layout is   in   accordance        AS/NZS2890.1 :2004
                                                     with
    section 4.1.3(bl and AS2890.1 :2002 sections 3.1 and 4.1 (fl


 The followings Facts and circumstances are considered relevant to
 Council’s issue, namely:


 Refer to Figure 1 at page 2 of the PH report.


112.Provide swept paths diagrams for the customer vehicles on the

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   internal     access    aisles   and    the     internal           intersections.   The
   diagrams must demonstrate that sufficient space is available to
   permit vehicles to pass as described in AS/NZS280.1 :2004 section
   2.5.2 (c)


The followings Facts and circumstances are considered relevant to
Council’s issue, namely:


Refer to Figure 2 at page 3 of the PTT report.


13.Provide    plans that indicate separate pedestrian paths
   (specifically along the centreline of the shade structure over
   carspaces 20-48) or demonstrate how the proposed layout is in
   accordance with         AS/NZS2890.1 :2004 section 4.1.3                     and the
   Noosa       Plan’s    Driveways    and       Carparking               Code   Specific
   Outcome 013.


The followings Facts and circumstances are considered relevant to
Council’s issue, namely:


Refer to "Internal Car Parking and Manoeuvring" at page 2 of the
PTT report.


In addition to the PTT advice the applicant wishes to advise that
on-site commercial     development car parks are invariably Slow
Speed environments where motorists are aware of pedestrian
movements, and speed is low due to short aisle lengths and the
nature of activities being undertaken i.e motorists often looking for
a car parking space. Numerous examples exist of successful car

parks without dedicated pedestrian paths, such as parts of the
Sunshine Plaza car park and Council’s own car park at the Council
Chambers in Nambour.


External Road Improvements


14. Provide plans that clearly indicate the proposed improvements
   to Rufous Street. the plans must include but not be limited to:
   (a)The full frontage of the subject site;
   (b)Any necessary modifications to the existing pavement, kerb
      and channel, drainage etc;
   (c)A concrete footpath extending from the existing path in
          Woodland Drive to the site entrance; and
   (d)The design of the frontage works must consider the existing
      uses to the south of the subject site along Rufous Street and

      the existing pathway linkage through to the David Low Way




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The followings Facts and circumstances are considered relevant to
Council’s issue, namely:


Refer to Pages 3 and 4 of PTT’s response.


In summary, it is considered unnecessary to provide plans until
Council’s decision, and in the event of an approval, the detail of a
related condition is known.


The Rufous Street      reserve     is of sufficient width and                    topographic
nature      to   enable     reasonably required
                          any                              to be         condition
satisfied. Similarly the ultimate Operational Works design would
take into account the existence of the Tennis complex, Child Care
Centre (kindergarten) and Community Garden to the south.


TRAFFIC


Assumptions of Traffic Report

15.Provide Council with a revised Traffic Impact Assessment which
   addresses all of the above issues


The followings Facts and circumstances are considered relevant to
Council’s issue, namely:


The David Low Way         -
                              Woodland Drive intersection was re-surveyed
to coincide with the School departures peak hour on a Thursday.


PTT concluded its      analysis with the recommendation that the
intersection be upgraded by the provision of separate right And
left turn lanes in the Woodland Drive approach to the intersection,
and that there is sufficient carriageway width to accommodate
the 2 turn lanes for the distance suggested (18 metres).


Potential Traffic Impacts


16.Amend the Traffic Impact Assessment, including the potential
  impacts on the existing residential developments at the
   intersections of Woodland Drive, Rufous Street and the David
   Low Way. Where potential impacts are identified, which can be
   viably        controlled,      the        assessment                 should       provide
   recommendations accordingly.




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The followings Facts and circumstances are considered relevant to
Council’s issue, namely:


Refer to the "Proposed Shopping Centre, Rufous Street, Peregian
Noise     Impact Assessment Report (1 August 2013) by Renzo Tonin
Ron       Rumble, Acoustic     Consultants,      a    copy           of     which   forms
Attachment D to this letter.


                    END OF INFORMATION REQUEST RESPONSE


The above response to the information request demonstrates that
all of the issues raised by Council can be adequately dealt with by
appropriate conditions. In the case of any conflict with the Noosa
Plan we contend that the level of conflict is relatively minor given
the economic, employment and community benefits attributed to
the provision of convenience Supermarket Shopping which is not
likely to be satisfactorily provided elsewhere in Peregian Beach.
We consider that there are sufficient Planning and Environment
Court examples to support this opinion, although we are the first to
admit that each application must be determined on its individual
merits.


As    thiscorrespondence provides "all of the information
requested", we will now initiate the public notification of the
application. Should you have any queries relating to this issue,
please do not hesitate to contact the writer on 5443 5566.

Yours faithfully
DFS Group




Encl. Attachments A & b


cc:       Multi Span Australia Pty Ltd




2/08/13                            Multi Span Australia   -
                                                              IR response                   Page 19

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