Council Report MCU18 0114

mcu18/0114 – development application for material change of use for entertainment and dining business type 2 – recreation, amusement & fitness – (gym) at 33 rene street, noosaville

Document information

Author	Development Planner, Billy Glover
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU18/0114

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Pegasus PT
Proposal	Material Change of Use - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Gym)
Properly Made Date	14 August 2018
Information Request Date	29 August 2018
Information Response Date	24 January 2019
Decision Due Date	17 May 2019
Number of Submissions	1

PROPERTY DETAILS
Property Address	33 Rene St Noosaville Qld 4566
RP Description	Lot 52 RP 187152
Land Area	1,054.16m²
Existing Use of Land	Industrial

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazard (Acid Sulfate Soils)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 May 2019 regarding Application No. MCU18/0114 for a Development Permit for Material Change of Use - Entertainment & Dining Type 2 Recreation, Amusement & Fitness (Gym) situated at 33 Rene St, Noosaville and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A103	A05	Site Plan, drawn by Collins Building Designs	28.03.2019
A105	A05	Ground Floor Plan, drawn by Collins Building Designs	28.03.2019
A106	A05	Vehicle Manoeuvrability Plan, drawn by Collins Building Designs	28.03.2019
A107	A05	Upper Floor Plan, drawn by Collins Building Designs	28.03.2019
A201	A05	North & East Elevations, drawn by Collins Building Designs	28.03.2019
A202	A05	South & West Elevations, drawn by Collins Building Designs	28.03.2019
Nature and Extent of Approved Use
Classes must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
Classes must be limited to no more than 8 clients at any one time.
The total number of employees on the site at any one time must not exceed 2.
The approved use must not operate outside the hours of 5:00am to 7:00pm Monday to Friday and 6:30am to 9:00am Saturday.
Carparking and Access
The 7 client car parking spaces at the rear of the site and the 2 staff car parking spaces at the front of the site must be line marked and maintained as per the approved plans, for the life of the development.
Bicycle Parking
Bicycle parking must be provided on site for a minimum of 3 bicycle spaces and in accordance with AS2890.3 Bicycle Parking Facilities. The bicycle spaces may be located inside the building or in the landscaped area. If located within the landscaped area, bicycle parking facilities must not appear as a dominating feature of the site landscaping.
Landscaping
A minimum of 15% of the site must be retained as landscaped area.
Landscaping of the site is to be carried out in accordance with a Development Permit for Operational Works. An application for Operational Works must be submitted to Council within 60 business days of the approval date and must be carried out on the site within 90 business days of the Operational Works approval date, unless further agreed in writing by Council. The landscaped areas must be in accordance with the approved site plan and Planning Scheme Policy PSP03 Landscaping plants and guidelines.
Noise
Noise nuisance beyond the boundary of the site shall not exceed the levels specified in Table 1 and 2.
Table 1 – Monday to Friday
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD	Noise level at a residential place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
5am – 7am	Inaudible
7am – 7pm	Background noise level plus 5 dB(A)
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
5am – 7am	Background noise level plus 8 dB(A)
7am – 7pm	Background noise level plus 10 dB(A)
Table 2 - Saturday
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD	Noise level at a residential place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
6:30am – 7am	Inaudible
7am – 9am	Background noise level plus 5 dB(A)
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
6:30am – 7am	Background noise level plus 8 dB(A)
7am – 9am	Background noise level plus 10 dB(A)
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the area by reason of the creation of excessive noise, lighting nuisance or other emissions.
Advertising Signage
Any advertising sign or device must comply with Council’s policies on advertising.
B. 	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
Gyms (fitness centres) are generally floor area intensive and require tenancies that are most readily found in the Industrial Zone;
Some sport and recreational uses are accepted in the Industry zone given the limited potential impacts of sport and recreation uses; and
The fitness centre is of a similar size and scale to other approved Entertainment & Dining Business’s Type 2 within the Noosaville Industrial area.
C.	Advise the applicant that the existing unapproved building addition along the northern boundary must be removed to provide access to the rear carpark, within 90 business days of the Operational Works approval date, unless further agreed in writing by Council.
D. 	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval for a Gym within an existing 414m2 industrial tenancy located in the Industry Zone of the Noosaville Locality.
The applicant submits the following:
The proposed gym operates predominantly outside of normal business hours. The proposed use of the site is not in line with what would be considered a traditional gym. There is no open gym time, all members must attend classes set at specific times with 1 or 2 trainers present at each class. Class sizes range from one on one personal training to maximum 8 per strength and condition group session at a time.
All members are required to book in advance, therefore eliminating any potential additional impact on neighbouring businesses outside of class times. The majority of trading occurs outside of normal trading hours and therefore will have a minimal impact on parking needs of neighbouring businesses.
9 car spaces and 2 motorbike spaces are proposed on site, 2 of the car spaces are in a tandem configuration (staff).
The applicant proposes the following operating hours:
Day	Class times (8 per class)
Monday	5.15am, 6.30am, 9am 10am-3pm CLOSED (potentially staff only on site – max 2) 4.15pm, 5.30pm All classes 60 minutes in duration
Tuesday	5.15am, 6.30am, 9am 10am – 3pm CLOSED (potentially staff only on site – max 2) 4.15pm, 5.30pm All classes 60 minutes in duration
Wednesday	5.15am, 6.30am, 9am 10am – 3pm CLOSED (potentially staff only on site – max 2) 4.15pm, 5.30pm All classes 60 minutes in duration
Thursday	5.15am, 6:30am, 9am 10am – 3pm CLOSED (potentially staff only on site – max 2) 4.15pm, 5.30pm All classes 60 minutes in duration
Friday	5.15am, 6:30am, 9am 10am – 3pm CLOSED (potentially staff only on site – max 2) 4.15pm, 5.30pm All classes 60 minutes in duration
Saturday	6.30am 9am - CLOSED
Sunday	CLOSED
The locality and proposal plans are included below.

Figure 1 – Site Locality

Figure 2 – Site Plan
site details
Background
On 20 April 2018, Council received a noise complaint against the gym. The use was operating at 11 Gibson Road in the Business Centre Zone at the time.
On 23 April 2018, Council advised the owner of the business that the use was in breach of the Noosa Plan and an application was required for the use to operate in the Business Centre Zone. Following, the applicant moved the business to the subject site and Council has since advised that an Impact Assessable application is required for the use within the Industry Zone.
On 11 July 2018, Council received the subject application over the subject site.
The existing development of the subject site was approved by a Building Approval circa 1991. A development approval was not required at the time.
Site Description
The subject site is known as 33 Rene St, Noosaville and described as Lot 52 RP187152. The site is located in the Industry Zone.
The site slopes down from the Rene Street frontage to the rear of the lot. The site contains 9 existing car spaces, 2 located at the front of the site and 7 located at the rear of the site. The car spaces at the rear of the site are currently accessed over the adjoining property to the south (33A Rene Street). An unapproved building addition has been established over the original access driveway along the northern boundary and the site does not comply with the planning scheme requirements that were in place at the time of the development for landscaping.
Surrounding Land Uses
Rene Street is within the Noosaville Industry Zone located off Eumundi-Noosa Road. The site is surrounded predominantly by industrial uses, with residential uses located 100 metres to the west.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy 2017 (SPP) and the SPP raises no further issues relevant to the proposal.
South East Queensland (SEQ) Regional Plan
The subject industrial site is identified as being within the Urban Footprint in the Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
Statutory Instruments – Planning Scheme
The subject site is located in the Industry Zone of the Noosaville Locality. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Overall Outcome vv) ii of the Noosaville Locality Code seeks to protect the Noosaville industrial estate for industrial functions to the exclusion of incompatible uses, including residential, community and commercial uses, and most sport and recreation uses. Since the commencement of the Noosa Plan in 2006 gyms, swim schools and the like have been approved in the Noosaville industrial area, given these uses are generally floor area consumptive and as such difficult to locate in the business centres. The proposed gym has a floor area of 414m2 and is consistent in size with other large floor area gyms approved in the industrial area.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Carparking
The existing floor area over the whole development is 414m2 which would have required 9 car spaces for industrial uses. Currently there are 9 spaces on site.
The Driveways and Carparking Code requires carparking for the proposed gym at the following rate:
1 space per 20m2, or part thereof, of use area;
OR
1 space per 3 persons capable of being entertained at any one time, whichever is the greater.
The 414m2 use area of the proposed gym use (including mezzanine) requires 20.7 car spaces to be provided on site, as per the above rate. The onsite carparking arrangement does not comply with the above code prescribed rate, however this is considered excessive considering the applicant proposes a maximum of 8 clients on site at any one time.
Councils Traffic consultant has recommended a revised rate of 0.85 spaces per person (including staff) in lieu of the above. Based on this rate, the maximum proposed 10 persons on site at any one time (8 clients and 2 staff) requires 8.5 car spaces to be provided on site. The site is proposed to provide 9 spaces in total, 2 spaces are in a tandem configuration and considered suitable for staff use only, leaving 7 spaces for client use. The site complies with the revised recommended rate.
In relation to carparking, conditions are recommended to read as follows:
Nature and Extent of Approved Use
3.	Classes must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
4.	Classes must be limited to no more than 8 clients at any one time.
5.	The total number of employees on the site at any one time must not exceed 2.
Landscaping
The landscaped area on the site has been significantly reduced since the original development was constructed. The applicant proposes to reinstate the landscaped area on site in accordance with the minimum dimensions required by the Landscaping Code (15% of the site area).
In relation to landscaping, the following conditions are recommended:
Landscaping
9.	A minimum of 15% of the site must be retained as landscaped area.
10.	Landscaping of the site is to be carried out in accordance with a Development Permit for Operational Works. An application for Operational Works must be submitted to Council within 60 business days of the approval date and must be carried out on the site within 90 business days of the Operational Works approval date, unless further agreed in writing by Council. The landscaped areas must be in accordance with the approved site plan and Planning Scheme Policy PSP03 Landscaping plants and guidelines.
Residential Amenity
The applicant proposes the use of a small speaker system during classes. The applicant submits the following:
The speaker in use is small in size, is facing away from the front door and it should be noted that the front doors are kept closed for the duration of the first two classes, opening only half way, after 7am. The music is kept low so as the clients are able to hear the coach’s voice. Being a small group personal training and rehabilitation facility, it is important that all clients are able to hear the coach at all times. Coaches are not amplified in any way, music is at an ambient level.
The nearest residential site is 100 metres away. The proposed gym use has been operating at the subject site for over 6 months and during this time Council has not received any complaints with regard to noise.
Whilst it is unlikely the noise generated by the use will impact the amenity enjoyed by those of the nearby residential estate, a standard amenity condition is recommended to be included.
Bicycle Parking
Provision S31.2 of the Business Uses Code requires a minimum of 9 bicycle spaces to be provided on site. Considering the proposed maximum number of persons on site at any one time 9 bicycle spaces is considered excessive, particularly given the size of the building and potential available internal floor space for bicycle storage. It is recommended that a minimum of 3 bicycle spaces are provided on site.
The following condition is recommended:
Bicycle Parking
8.	Bicycle parking must be provided on site for a minimum of 3 bicycle spaces and in accordance with AS2890.3 Bicycle Parking Facilities. The bicycle spaces may be located inside the building or in the landscaped area. Bicycle parking facilities must not appear as a dominating feature of the site landscaping.
Draft Planning Scheme
The Draft Planning Scheme identifies the subject site as being located in the Medium Impact Industry Zone. Indoor Sport and Recreation uses are identified as inconsistent and impact assessable in the Medium Impact Industry Zone.

cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer, Development Assessment
Health Officer, Environmental Health
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. 1 properly made submission was received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
1 submission (support) was made in support of the application. The submitter raised the proposed business use will improve security of the building and the area as people will be on site outside of typical industrial business hours. Additionally, the submitter raised the site will be kept presentable as clients will be regularly attending the site, as such the site will contribute positively towards the amenity of the area.	A number of conditions are recommended to retain and/or enhance the amenity of the area. The conditions include landscaping, carparking and noise requirements.
conclusion & REASONS FOR DECISION
The nature and function of the proposed business use is suitable for the subject site and location. Whilst Entertainment and Dining Business Type 2 Recreation, Amusement & Fitness is an inconsistent use in the Industry Zone, the Noosa Plan does recognise that some entertainment uses will locate in the industrial area. The use has been operating on the subject site without approval for over 6 months and no complaints have been made to Council regarding the subject business use (Gym) at this site. The site provides 9 car spaces for the proposed gym use (7 client spaces and 2 staff spaces). Therefore it is recommended the gym operates with a maximum of 8 clients and 2 staff.
It is further recommended the site must be landscaped and the existing unapproved building addition along the northern boundary removed to provide access to the rear carpark, in accordance with the proposal plans.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 MAY 2019

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