Further report - Application for Material Change of Use for Retail Businesses - Type 5 Vehicle Uses (Service Station & Type 2 Shop & Reconfiguring a Lot (1 Lot into 2 Lots & Access Easement) at 115 Eumundi Noosa Rd, Noosaville (MCU15/0095 & REC15/0022)

Further report - Application for Material Change of Use for Retail Businesses - Type 5 Vehicle Uses (Service Station & Type 2 Shop & Reconfiguring a Lot (1 Lot into 2 Lots & Access Easement) at 115 Eumundi Noosa Rd, Noosaville (MCU15/0095 & REC15/0022)

Document information

Author	Denis Wallace, Coordinator Planning
Planning & Infrastructure Department

Index	ECM/Application/MCU15/0095 & REC15/0022

Attachments	Nil

Amended RECOMMENDATION
That Council note the reports by the Coordinator Planning to the Planning & Environment Committee Meeting dated 19 April 2016 and the General Committee meeting dated 26 April 2016 for a development application for a Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots & Access Easement, situated at 115 Eumundi Noosa Rd, Noosaville and approve the application in part only, in accordance with the following:
Refuse application No. MCU15/0095 for a Material Change of Use of Premises - Retail Business Type 2 Shop for the following reasons:
The service station poses unacceptable risks to human health, safety and wellbeing at adjacent existing uses, in particular to children using directly adjacent school facilities.
The development provides insufficient buffers to adjacent extremely sensitive school uses.
The development conflicts with The Noosa Plan’s Noosaville Locality Code and Business Uses Code as it is incompatible with, and has the potential to adversely impact on, the adjacent school users.
The service station is unable to contain emissions within the site, as sought by The Noosa Plan for sites adjoining community uses.
A precautionary approach should be applied pursuant to the Sustainable Planning Act 2009, given the development’s significant health and safety risks for adjoin the adjoining sensitive uses.
Approve application No. REC15/0022 for Reconfiguring a Lot (1 Lot into 2 Lots & Access Easement), subject to the following conditions:
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Lot Reconfiguration Plan
The lot reconfiguration shall be carried out generally in accordance with approved plan No. 3049PROP titled Proposed Subdivision Lots 1 & 2 and Emt E in Lot 1 Cancelling Lot 30 on SP170751 123 Eumundi Road Noosaville by John Dawson Surveys Pty Ltd  and dated 18/9/2015, subject to the following amendment:
2.0m x 2.0m truncation for the proposed dividing boundaries near the southeast corner of the proposed access handle.
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Vehicle Access
All vehicle access to proposed Lots 1 and 2 must be via the proposed access easement and a single shared access driveway in Eumundi Noosa Road. The driveway must be located generally in the same location as the existing driveway.
Stormwater
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:
Stormwater system designed and constructed in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks
No adverse impact on other properties and the road’s footpath and grassed verge (eg by diverting flows and/or blocking flows and causing additional ponding)
Where applicable, extension of the site stormwater system to accommodate stormwater from external site, including registration of drainage easements
The use of gravity stormwater drainage only and not surcharge pits or pumps.
Stormwater runoff from the development must be disposed of without causing scour or damage to the subject site or any adjoining property.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each lot 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 each lot.

REPORT
A report on a combined application for a service station, shop and lot reconfiguration at 115 Eumundi Noosa Road, Noosaville was included on the Planning & Environment Committee meeting agenda dated 19 April 2016 (Item 1, page 3), with consideration of the report deferred to the current General Committee meeting on 26 April 2016.
The applicant has reviewed the report and queried why it does not recommend “approval in part” of the lot reconfiguration component of the application.  On 21 April 2016 the applicant formally requested staff consider recommending an approval in part of the lot reconfiguration, given the report does not raise concern with that aspect of the development.
As indicated in the assessment report, the proposal to subdivide the existing lot into two lots and access easement is compliant with The Noosa Plan’s provisions for subdivision, specifically:
The proposed lots exceed the 1,000m2 minimum lot size for Noosaville’s Industry zone and are appropriately proportioned;
The lots can be fully serviced;
A single common access is proposed in the most suitable location and the access easement arrangement avoids multiple driveways, which is critical for this site; and
The lot reconfiguration does not raise any other conflicts with The Noosa Plan’s Reconfiguring a Lot Code or Noosaville Locality Code.
Staff have no objection to recommending “approval in part” of the application, as provided for in the decision making provisions of the Sustainable Planning Act.  The Amended Recommendation in this report is worded accordingly and includes conditions to apply to the reconfiguration component.
Previous Recommendation
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 19 April 2016 and refuse Application No. MCU15/0095 & REC15/0022 for a Development Permit for a Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots, situated at 115 Eumundi Noosa Rd, Noosaville for the following reasons:
The service station poses unacceptable risks to human health, safety and wellbeing at adjacent existing uses, in particular to children using directly adjacent school facilities.
The development provides insufficient buffers to adjacent extremely sensitive school uses.
The development conflicts with The Noosa Plan’s Noosaville Locality Code and Business Uses Code as it is incompatible with, and has the potential to adversely impact on, the adjacent school users.
The service station is unable to contain emissions within the site, as sought by The Noosa Plan for sites adjoining community uses.
A precautionary approach should be applied pursuant to the Sustainable Planning Act 2009, given the development’s significant health and safety risks for adjoin the adjoining sensitive uses.

Previous Council Consideration
Nil.

Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Conditions of approval have been provided by Council’s Coordinator Engineering.

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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GENERAL COMMITTEE MEETING REPORT	26 APRIL 2016