Formal Summary of Issues with Application

This objection is founded on a detailed technical and planning review which finds that the proposed development exhibits fundamental and irreconcilable non-compliance with the Brisbane City Plan 2014, specifically the Emerging Community Zone (ECZ) Code, the Bracken Ridge and District Neighbourhood Plan (BRNP), and the Transport, Access, Parking and Servicing (TAPS) Code.

The proposal introduces unacceptable adverse impacts that severely compromise the intended low-density residential amenity and character of this growing neighborhood. For the reasons detailed below, the application must be refused.

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1. Fundamental Breach of Zoning Intent and Orderly Development

The proposed Material Change of Use (MCU) conflicts fundamentally with the statutory planning framework designed to govern this area:

1.1 Incompatibility with Precinct Mandate (BRNP and ECZ)

The Bracken Ridge Road precinct (NPP-011) of the BRNP explicitly mandates that development should proceed toward low density residential uses. The ECZ, which governs the site, only permits non-residential uses that are "small-scale, low-impact local convenience services".

The proposed 24/7 drive-through outlet—a high-throughput, commercial operation designed for regional attraction and generating peak hourly traffic volumes of up to 115 vehicle trips —is intrinsically large-scale and high-impact. Its continuous operation creates pervasive noise, light, and odour impacts that are incompatible with and directly prejudice the intended amenity of the future adjacent residential lots (R4/R5). The proposal fails to meet the low-impact threshold required by the planning scheme.

1.2 Unjustified Proliferation and Lack of Need

The applicant’s economic justification, citing an "identified shortfall of comparable facilities", is insufficient to warrant overriding these fundamental zoning conflicts. The local demand for fast food is already substantially met by:

• The high concentration of existing food and drink outlets within the designated commercial nodes, including the Barrett Street area and Bracken Ridge Plaza.

• The presence of a nearby 24-hour McDonald's, Dominos Pizza and other take away convenience services (like the 7/11 service station).

• The expanding use of modern food delivery services (e.g., Uber Eats) to satisfy 24/7 demand, negating the need for residents to travel to a new, out-of-centre location .

The existence of robust, accessible alternatives negates the essential "need" required to overcome the proposed development’s profound non-compliance with the ECZ and BRNP planning hierarchy.

1.3 Inversion of Orderly Sequencing

The application relies critically on the assumption that complex, external infrastructure—including the creation of Lot 501, the new road network, and the signalised intersection upgrade—will be completed under an antecedent, unexecuted Reconfiguration of Lot (ROL) approval (A004942395). This sequence violates the ECZ requirement for development to proceed in an orderly sequence. The Council's planning principle requires that foundational infrastructure be completed and guaranteed before the establishment of permanent, high-impact commercial use. Granting this MCU approval transfers the unacceptable planning and financial risk of infrastructure failure or abandonment onto the Council and local residents.

2. Systemic Failure to Meet Transport and Parking Standards

The internal design and operational assumptions governing traffic management violate multiple mandatory requirements of the TAPS Planning Scheme Policy (PSP), leading to foreseeable operational failure and public safety hazards.

2.1 Critical Parking Supply Shortfall (TAPS PSP Table 14 and PO13)

The development proposes a 265 metre quared Gross Floor Area (GFA), requiring a minimum parking supply of 33 stationary spaces. The applicant provides only 24 dedicated spaces, resulting in a quantifiable shortfall. 

The proposed solution—which attempts to count the 12 drive-through queue spaces as equivalent parking spaces—is a technically and legally non-compliant performance solution. Queuing spaces are required by TAPS PSP (minimum 10 spaces) to manage vehicle movement and prevent back-up onto public roads, not to serve as stationary customer parking. 

As demonstrated by worst-case simulated scenarios, this shortfall (exacerbated by non-compliant bay widths, resulting in a maximum of 23 technically compliant spaces) introduces a high risk of internal gridlock and vehicular overflow onto the future adjacent residential roads, violating the TAPS Code's fundamental objective of preventing overflow onto the adjacent street.

2.2 Geometric Design and Safety Failures

The car park layout fails to meet essential dimensional standards for high-turnover food and drink outlets:

• Parking Bay Width: The proposed standard parking bays are 2.6 m wide, failing to meet the minimum 2.7 m width mandated by the TAPS PSP for high-turnover Class 4 facilities.

• Egress Width: The proposed egress-only crossover onto Bracken Ridge Road at 6.5 m wide falls short of the implied Type C standard of approximately 7.5 m required by the TAPS PSP, weakening the development’s capacity to ensure safe and efficient manoeuvring, especially for servicing vehicles.

3. Unmitigated Impact on Local Road Network and Residential Amenity

The proposal fails to demonstrate compliance with standards governing road network efficiency and the protection of residential amenity from operational impacts:

3.1 Road Network Capacity Risk (TAPS Code PO3)

The Transport Impact Assessment (TIA) acknowledges that the Food and Drink Outlet will generate a net increase of +28 new vehicles per hour during the critical Weekend Peak compared to the previously approved Service Station. This significant increase in traffic demand, particularly during high-volume periods, directly conflicts with TAPS Code PO3, which requires development to have "no significant impact on the safety, efficiency, function, convenience of use or capacity of the road network". 

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