27 november 2019 local law application for the …

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Agenda – Ordinary Meeting 27 November 2019 - #6165679

ORDINARY MEETING

27 NOVEMBER 2019 3

LOCAL LAW APPLICATION FOR THE DISPLAY OF ADVERTISING DEVICES – 532 MULGRAVE ROAD EARLVILLE – DIVISION 4 T Schmidt : 71/1/5 {6214357}

PROPOSAL: WALL SIGN AND DIGITAL SIGN LANDOWNER: 532 MULGRAVE ROAD PTY LTD (TTE) APPLICANT: 532 MULGRAVE ROAD PTY LTD (TTE) PO BOX 115 BUNGALOW QLD 4870 LOCATION OF SITE: 532 MULGRAVE ROAD EARLVILLE

PROPERTY: LOT 2 SP305277 ZONE: MIXED USE PRECINCT 1 - COMMERCIAL LOCAL PLAN: NOT APPLICABLE APPLICATION DATE: 21 OCTOBER 2019 DIVISION: 4 AUTHORITY NO:. 752/2019 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) LOCALITY PLAN

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RECOMMENDATION That Council approves the Local Law application for the Display of Advertising Device for a Digital sign and Wall Sign located at 532 Mulgrave Road, Earlville over land described as Lot 2 SP305277, subject to the following: 1. At all times the advertising device must be installed and operated in

accordance with the approved plans and conditions of approval.

Drawing or Document Reference Date LED screen details Project No. 2099 Drawing

No. A16 23/9/16

Photo montage No drawing reference Emailed 7/11/19 Traffic and Pedestrian safety report

Q184131 10 May 2019

2. At all times the advertising device must be maintained in a safe condition so as

to prevent personal injury or damage to property. 3. This permit lapses on 31 July 2024. 4. When the advertising device is no longer needed for the purpose and in the

circumstances in which it was permitted, the advertising device must be removed within one (1) month of that event.

5. The advertising device must be removed not later than the day after the day

that the permit lapses. 6. Prior to the installation or display of the Digital sign, all other necessary

approvals must be obtained. 7. The advertising device must not be used for off-site advertising. 8. The Digital sign must have minimum pixel pitch equal to or less than P10 (10

mm). 9. The Digital sign must be fitted with a minimum of two sensors that control the

luminance output of the device relative to the ambient light levels. A minimum of two sensors must be operational at all times. The maximum luminance output of the Digital sign must not exceed the candelas per m² relative to the ambient light levels identified within the table below:

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Ambient light level (lux) Maximum luminance output (candelas per m²)

Greater than 2000 lux (e.g. daytime)

6000 cd/m²

Between 400 – 2000 lux (e.g. dawn and dusk)

600 cd/m²

Less than 400 lux (e.g. night time)

300 cd/m²

10. The Digital sign must be switched off from 10.00pm to 6.00am. 11. The minimum dwell time for any advertisement displayed on the Digital sign is

10 seconds. 12. Each transition between advertisements on a Digital sign must occur

instantaneously, with a maximum transition time of 0.1 seconds. 13. Each transition between advertisements must be a complete screen change. 14. Methods of image animation or transition such as ‘fly in’ or ‘scroll’, or any type

of change in advertisement message that is not instantaneous must not occur. All advertisements are to remain static for the entire dwell time at all times.

15. At all times advertisements must not move, flash, change brightness or consist

of scrolling or moving images or video images. 16. During the approved hours of operation, the Digital sign must not go blank or

display a solid colour between different advertisement messages. 17. Only one advertisement may be displayed during a single dwell time. The

screen must not be split or display multiple advertisements during a single dwell time.

18. Sequential messages which require more than one screen to convey a message

must not occur. 19. In the event of a malfunction or failure of the Digital sign, including the

associated sensors, the advertising device must be switched off until the malfunction or failure is resolved.

20. Any malfunctions or failures must be resolved within 21 days of the event of

the malfunction or failure. 21. Prior to installation of the Digital sign, an operational plan must be prepared

that details:

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i. Management procedures in the event of malfunction, failure or damage; and

ii. Maintenance procedures for the term of approval.

The Operational Plan must be provided to the satisfaction of the Chief Executive Officer prior to the installation of the digital sign.

22. At all times the digital sign must be operated in accordance with the approved

Operational Plan. 23. The Digital sign must record data related to the operational criteria contained

within these conditions. The data must be recorded at minimum rate of once per hour. A log of the recorded data must be retained by the operator for a minimum of one year and be provided to Council at the request of an authorised officer.

24. That the design and installation of the advertising device and any supporting

structure/s must be certified by a suitably qualified and experienced person as being structurally sound.

25. The advertising device must be securely fixed so as not to endanger public

safety. 26. The advertising device is to be constructed of durable materials and maintained

in good condition and repair, free from graffiti at all times. 27. The advertising device must not protrude beyond or overhang the property

boundary line into the footpath or road reserve. 28. The advertising device must not expose an unsightly back view to a road or

other public place. 29. All conduits, wiring, switches or other associated plant installed on or for the

advertising device are concealed from view from roads and other public places. Further advice 1. The adverting device may be requested to be made available for community

information in the event of a declaration of an impending weather event or similar.

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2. Should the permit holder wish to display the advertising device beyond the term of the permit, the permit holder must apply for a renewal to display the advertising device. The Renewal Application must be accompanied with the prescribed fee and be submitted prior to the expiry of the permit.

EXECUTIVE SUMMARY Council is in receipt of an application for a Local Law permit to display Advertising Device (Wall Sign and Digital sign) located at 532 Mulgrave Road, Earlville, on land described as Lot 2 SP305277. Development on the site comprises of two freestanding buildings, KFC fronting Mulgrave Road in the south eastern corner of the lot and a large building comprising a number of commercial tenancies, known as Barr Street Market on the corner of Barr Street and Mulgrave Road. The advertising signage subject to this application is proposed on the Barr Street Market building. The proposal seeks to install a Digital sign measuring 8320mm x 5120mm on the wing wall fronting Mulgrave Road. The sign will be for advertising associated with uses on the site only. No off-site advertising is proposed. The Advertising Device requires a permit in accordance with Part 2 of the Local Law No.4 (Advertising Devices No.4) 2019. The proposed advertising device has been assessed in accordance with the provisions of the Local Law 1 (Administration) 2016 & (Advertising Devices No.4) 2019 (‘Local Law’) and is considered to comply with the purpose and relevant criteria of the applicable requirements. The application is recommended for approval, subject to conditions. CONSIDERATIONS Proposal

Description Wall Sign/Digital Sign Dimensions 8320mm wide x 5120mm high Calculation of Advertising Area (m²) Approx 42.6m² Height Wall total overall height of 12 metres. Overall

height of the sign approximately 11.6 metres. Location Southern elevation of the existing concrete tilt

panel wing wall on the eastern side of the building. Sign framed by the existing vertical concrete panels and additional framing around the sign.

Setbacks No dimensions provided Illumination Digital sign. Not externally illuminated On/Off-site Advertising On site advertising only

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Description of Site

Site Area 7,661m² Existing Use of Land Mix of commercial uses Road Frontage: Mulgrave Road to east, Barr Street to the north Surrounding Land Uses Mix of commercial uses to the north fronting Mulgrave Road

and eastern side of Mulgrave Road (Earlville Shopping Centre) Residential uses to the north Retirement village immediately to the west fronting Barr Street Open Space park to the south

Planning Scheme zone and overlays

Mixed Use – Precinct 1 Commercial Frontage to a State-controlled road

Background A Development application for Operational Works (Illuminated Advertising Device) was refused by Council at its meeting on 24 July 2019 (Council file reference 8/10/510, DM#6140092) with a subsequent appeal to the Planning & Environment Court (Appeal 3013 of 2019). The advertising device subject to the Development Application consisted of a sign generally consistent with the sign subject to this Local Law application. Resolution of the appeal is being considered separately pending a decision on the Local Law application. ASSESSMENT AGAINST LOCAL LAW NO. 4 (ADVERTISING DEVICES) 2019 The proposed device is not prohibited under Part 3 (Prohibited advertising devices). The proposed device does not meet all of the criteria under Part 4 (Advertising device not requiring a permit) and therefore requires a permit. An assessment is required against the applicable criteria of the following parts of the Local Law:

Part 2 – Prescribed activity o Section 9 – Additional criteria for all advertising devices o Section 10 – Additional criteria for specific types of advertising devices

Part 4 - Advertising devices not requiring a permit Part 2, Section 9 – Additional criteria for all advertising devices

Requirements Compliance Assessment

Lawful Land Use ✔

Complex comprising a mix of commercial uses known as ‘Barr Street Market’ subject to planning approval (8/7/3495) and 8/7/4140.

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Character and Amenity

Noncompliant with

prescribed criteria

The proposed sign does not comply with the prescribed criteria for a digital sign as the sign is 42.6m² in area as opposed to the required 3m². The 3m² general criteria was included in Council’s Local Law as it was anticipated that most on-site digital devices would be placed on the frontage of a structural awning and that larger scale devices would be targeted for off-site advertising. Taking into consideration the commercial nature of the site and surrounding area and the size and scale of the existing built form it is considered that while the sign is a large sign and is of a digital nature it is considered that the sign will not have a detrimental impact upon the existing and anticipated character and amenity of the subject site and surrounding area and it would not be appropriate to significantly reduce the scale of the device.

Relationship to existing building ✔

The wing wall was incorporated into the overall design of the building to accommodate advertising opportunities. The wall was designed to maximum advertising exposure for passing motorists with its placement and size. It is acknowledged that a small sign compliant with the preferred 3m2 would not be in scale with the wall and overall built form and would not be legible to passing motorists.

Operational Aspects ✔

Hours of operation to be conditioned to be switched off between 10pm and 6am. Illuminance, dwell time and other operational aspects to be conditioned

Visibility (Proximity to State Controlled Road) ✔

The proposed sign is highly visible to passing motorists travelling north along Mulgrave Road.

Impacts on Operation of Cairns Airport N/A Not applicable

Visual Impact ✔

The proposed sign is a large digital sign that will be highly prominent for motorists travelling north along Mulgrave Road. While the sign is large it is considered that the sign has been appropriately sited within the existing wall. Overall it is considered that the sign is acceptable for the development will not result in a detrimental impact upon the visual amenity of the area.

Safety

Noncompliant with DTMR Roadside

Advertising Manual

Does not comply as the sign is located within a Restriction, Distraction and Restriction Notice area of the Barr Street /Mulgrave Road intersection. A Traffic and Pedestrian Impact Assessment report was submitted and reviewed. The impact on the intersection has been considered and determined that it would not present a safety issue or hazard from a drivers’ perspective approaching the Barr Street intersection because it will be visible and legible at least 100m before the intersection.

Advertising Content ✔ The applicant is seeking approval for onsite advertising only which is consistent with the criterial under the Local Law.

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Part 2, Section 10 – Additional Criterial for specific type of advertising device The proposed advertising sign/s has been assessed against the relevant provisions of section 10. There are no specific requirements under part 2, section 10 for a Wall sign. The proposed sign complies with the relevant applicable criteria for a Digital Sign, onsite advertising) with the exception of non-compliance addressed below. Section 10 – Additional Criteria for specific type of advertising devices Digital Sign – onsite advertising

Criteria Assessment 11 (b) is not located within 50 metres of a sensitive land use or a zone primarily for a sensitive

land use; and

Is located within 50m of residences in Barr Street, however the proposed sign is not visible from these residences.

(d) is also one of the following types of advertising devices and complies with the relevant requirements contained within Part 2 and Part 4: (i) Awning fascia sign; or (ii) Pylon sign; or (iii) Under awning sign; or (iv) Wall sign; or (v) Window sign; and

Non-compliance with the applicable requirements for a Wall sign addressed in section below.

(e) is not located within a Restriction, Distraction and Restriction Notice Area identified within the Department of Transport and Main Roads Roadside Advertising manual; and

Sign is located within the Restriction, Distraction and Restriction Notice Area. Consideration of the impact of the non-compliance is addressed in the section above.

(f) is located where it will not compete with traffic control devices for a road user’s attention; and

As above.

(k) where it is attached to a building it is not located at a height greater than 11.5 metres; and Wall total overall height of 12 metres. Overall height of the sign 11.6 metres.

(m) has a maximum advertising area of 3m²; and Proposed sign 5120mm (high) x 8320mm (wide) - total advertising area 42.60m²

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(n) it will not be of a size and design that will be excessively prominent and will be consistent with the expected character and amenity of the site and surrounding area; and

Refer discussion in above section

(o) if it is attached to a building: (i) it is located on an existing flat surface; and (ii) it is framed by the building on all sides of the device as per Figure 1 below; and

Figure 1 – Framed by the building

Figure 1 – Framed by the building

(iii) it does not dominate the built form, streetscape or surrounding area; and (iv) it does not conceal any architectural features of the building; and (v) it does not project beyond the outline of the building or structure; and (vi) it must have an appropriate relationship to the building; and (vii) the built form must remain the dominant feature; and (viii) the building cannot be modified to accommodate the advertising device; and Note: Examples of building modifications that cannot occur to accommodate a Digital sign

include creating a new or extending the existing parapet or creating a wing wall.

The proposed sign is appropriately sited on the existing wing wall.

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(s) results in the consolidation and removal of existing signs on the site to ensure that the new advertising device does not result in visual clutter and / or a proliferation of advertising devices; and

Existing advertising signage is considered appropriate for the site. Removal or consolidation of signage is not considered warranted.

(t) results in any existing advertising devices on the site being brought up to standard to comply with the requirements in Table 2 within Part 4; and

Existing signage of the Barr Street and Mulgrave frontage approved under Development approval (8/10/746) complies with the conditions of approval and are considered acceptable

Part 4 – Advertising devices not requiring a permit, Section 15 – Requirements for advertising devices without a permit The proposed advertising sign/s has been assessed against the relevant provisions of Part 4. The propose sign complies with the applicable Wall sign criteria with the exception of non-compliance addressed below. There are no other relevant requirements within Part 4 applicable to the assessment of the Digital sign.

Section 15 – Table 2 – Requirements for advertising devices without a permit Wall sign Criteria Assessment 15 (h) it does not result in an exceedance of the total maximum advertising area as set out within

Table 4. – 15m2 per tenancy

The applicant confirmed that there are 14 existing tenancies with an additional 5-6 proposed in a current vacant tenancy space. With total of 21 tenancies – maximum advertising space 315m2 Existing signage and proposed signage will below maximum permitted.

37 (f) where it is attached to a building it is not located at a height greater than 11.5 metres

above ground level; and

Wall total overall height of 12 metres. Overall height of the sign 11.6 metres.

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(h) has a total maximum advertising area that is not greater than 30% of the surface area of the wall on which it is located; and .

The subject wall (above the awning) has an area of 54.57m² - 8976m (width) x 6080mm (height). A sign compliant with the specified maximum 30% area would be 16.37m². The applicant is proposing a sign with an area of 42.60m² equivalent to approximately 78%. The applicant is proposing a larger sign than permitted on the basis that the wall was specifically designed for advertising and that the sign is in scale with the building.

(i) does not result in more than 30% of the surface area of the wall being covered by advertising (including existing advertising); and Note: Figure 7 below illustrates how surface area is calculated.

As above. No other existing advertising on the subject wall

(j) is not located within 500mm of the outer edge of the wall surface or architectural features (e.g. window, door opening, column or the like) as per Figure 8 below; and

The sign achieves 328mm setback from the side of the vertical concrete panel designed into the wall and 480mm from the top and bottom as opposed to the required 500mm setback.

(m) does not project outward more than 200mm from the wall; and Screen projects 1000mm from the wall to align with the existing vertical concrete panel. The screen will sit flush with the side panel and an opening created to access the back of the sign.

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Other considerations In accordance with Part 9, section 11, ‘conditions that must be imposed’, the term of approval for the Digital sign must be a maximum of 5 years. To achieve alignment with the Local Law renewal timeframes a condition of the approval limits the life of the approval to 31 July 2024. A Renewal application can be submitted prior to the lapsing of the permit. THIRD PARTY ADVICE Department of Transport and Main Roads The application was referred to the Department of Transport and Main Roads (DTMR) as the site is visible from a state controlled road (Mulgrave Road). The Department advised in an email received on 29 October 2019 (DM#6219375) that; As identified in the application, the device falls within a Restriction Notice Area. In section 3.6.2 the RAM recommends that electronic billboards not be located in Restriction Notice Areas. The location of the device is visible from a traffic situation where additional driver attention and decision making is required (Mulgrave/Balaclava intersection) and TMR would not support a device showing on or off-site advertising that moves/flashes/rotates/changes the image/message being displayed. As you are aware, approvals for advertising devices on private land fall to the jurisdiction of Council. If Council, after reviewing the departments advice, permits the “static” device to change its image/message a “specified number of times” then, providing it complies with Councils standard requirements, the department will generally accept that decision. However, should it be determined that the device is a distraction to motorists, TMR can, irrespective of Council’s approval and in accordance with s139 of the Transport Operations (Road Use Management – Accreditation and Other Provisions) Regulation 2015, Part 7 Miscellaneous, require the modification or removal of the device at the owners expense. We recommend advice is also sought from Qld Police and the Cairns Road Safety Traffic and Transport Advisory Committee. The report and the response from the Department have been reviewed by Council officers and consistent with the report, determined that the proposed sign does not present a safety issue or hazard from a driver’s perspective. It is understood that the initial Development Application (8/10/510) was referred to the Traffic and Transport Advisory Committee and no concerns were raised by the Committee.

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ATTACHMENTS:

1. Approved Plans Teresa Schmidt Planning Officer Action Officer

Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning & Environment

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APPENDIX 1: Approved plan(s) & document(s)

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27 november 2019 local law application for the …

Documents