Stevens Gerber Submission MCU 15 0095 115 Eumundi Noosa Road

           Based on the above, it is therefore considered that the ‘inconsistent’ reference
           for a ‘shop’ (which in this case is ancillary to the service station) use is not a
           significant consideration for this particular application.

6.   A specific outcome for service stations under the Business Uses Code (Part 14, Table
     14-15, 083) is that the associated sale of goods, including foodstuffs, is ancillary to the
     service station use. The probable solution provided for this outcome is that the gross
     floor area used for the associated retail sale of goods is limited to 15% of the gross
     floor area. Pursuant to Part 2 of the Noosa Plan – Interpretation, ‘ancillary’ means
     associated with, but incidental and subordinate to.

7.   We contend that the shop does not fall into the category of a small retail shop
     ancillary to the service station, as it cannot be considered to be incidental and
     subordinate to the service station on the following grounds:

     (a)   the service station shop cannot be said to be a minor component of the DA, as it
           is 195m2, with the retail floor space comprising approximately 100m 2. The shop
           is approximately 32% of total gross floor area (GFA), as defined in Part 2 of the
           Noosa Plan – Interpretation. This is more than double than the 15% provided in
           the probable solution to Specific Outcome 083 and the applicant has not
           demonstrated how alternative solutions can achieve the specific outcome
           required.

     (b)   the shop is an integral component of a modern day service station model and a
           major source of profits, as such, from a commercial basis, the shop cannot be
           considered ancillary.

8.   We note that the Noosa Council recently approved a Material Change of Use
     application over land at 139 Eumundi Noosa Road & 30 Lionel Donovan Drive,
     Noosaville (139 Eumundi Noosa Road DA), for the following range of uses:

              Industrial Business Type 2 – Production, Alteration, Repackaging &
               Repairing;
              Industrial Business Type 1 – Warehouse;
              Retail Business Type 6 – Hardware Store;
              Retail Business Type 5 – Vehicle Uses (service station);
              Retail Business Type 2 – Shop & Salon (service station shop); and
              Entertainment and Dining Business Type 1 – Food & Beverages.

9.   Similar to the DA, the subject of this submission, the 139 Eumundi Noosa Road
     development also comprises a service station and retail shop, with the shop also being
     identified as an inconsistent use as it is to be located in an Industry Zone. In the 139
     Eumundi Noosa Road DA, the applicant successfully argued that the proposed retail
     shop was a minor component of the development, as it was only approximately 4% of
     the total GFA proposed. This is in stark contrast to the proposed development at 115
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