A court has paved the way for a modern 24-hour service station that a beachside community fears will ruin its “quiet” ambience.
Moffat Beach residents and the Sunshine Coast Council were against a proposed new 7-Eleven servo being allowed to operate all day and night.
However, the Planning and Environment Court backed the development, saying it should go ahead without restricted hours and would be convenient for locals.
A council spokesperson acknowledged the court decision and said the “applicant can proceed with carrying out this service station” with amended conditions of approval.
Ashanti Logistics Pty Ltd lodged a development application in April 2020 to knock down the existing BP and Night Owl on the corner of Buccleugh and Roderick Streets and redevelop the four lots and house next door.
The new 7-Eleven would include three re-fuelling islands and six bowsers, which was actually less than the BP’s four re-fuelling islands and eight bowsers.
The council approved the development in March 2021, but limited the hours of operation from 6am to 10pm to try and reduce the “unacceptable adverse amenity impacts that would be occasioned by noise, light and glare”.
Council’s town planner said there would be “inevitable impacts on amenity from the service station occasioned by car doors closing, tyres screeching and rowdy patrons”.
The site on a busy through road has had a service station since 1958, with the latest incarnation operating since since 1975.
The existing BP currently does not open 24 hours, but has in the past.
Ashanti Logistics lodged an appeal in April 2021 against the council’s condition that limited the proposed 7-Eleven’s operating hours.
The judge last week found in Ashanti’s favour and ordered the 24-hour business be approved with new conditions to mitigate noise.
These included 2m high noise barriers, 3m acoustic wall, acoustic absorptive material in some roofing and restrictions to delivery hours.
In her decision, Judge Nicole Kefford said the council’s imposed trading hours were “not a condition that can be lawfully imposed”.
Judge Kefford said she was satisfied that the proposed development, operating 24 hours a day, would “comply with the requirements in the relevant assessment benchmarks”.
It’s not the first time that corner of Moffat Beach has been in the headlines as the area changes and becomes busier.
For months residents were incensed at council’s lane changes at that same intersection which was causing traffic jams that stretched back for kilometres to Dicky Beach.
Residents fear noise impacts
People who live near the service station described Moffat Beach as quiet and sleepy, where the sounds of the surf and birds could be heard and there was very little noise at night.
Mark Wharton, who lives on the opposite corner, said the streets were “already dead by 9pm”.
Jeffrey Oates, who owns a holiday house on Bryce Street which he plans to live in, said he could hear the surf from his home.
He said traffic noise was generally low and not obtrusive, with occasional loud engines at the traffic lights, “which are noticeable because the area is so quiet”.
Kerryn Poncini, also from Bryce Street, said night-time traffic noise was irregular and did not disturb her sleep.
“It is clear from this unchallenged evidence that these residents of Moffat Beach value the area for its character and amenity, which they perceive to be ‘quiet’,” the judge wrote in her decision.
However, the acoustics engineer retained by Ashanti rejected the suggestion of a quiet noise environment and pointed out that it was already a busy intersection with cars slowing, stopping and accelerating.
The court documents noted that both streets were higher order roads which already have significant traffic.
Around 12,000 vehicles travel along Buccleugh Street each day.
On average, about 6 per cent of the traffic on Buccleugh Street occurs between 10 pm and 7 am and about 2.5 per cent occurs between 11 pm and 6 am (although the average is around 3.1 per cent on weekends).
The judge’s decision noted that the council and appellant’s noise experts agreed that the new noise conditions would ensure the 7-Eleven would “provide acceptable acoustic amenity to surrounding residential uses”.
