Delegated Report - Code - Planning MCU18 0142 · MCU18/0142

Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0142
Applicant	Bare Bones Movement Pilates Pty Ltd ATF Loke Family Trust
Proposal	Material Change of Use - Ent & Dining Type 2 Recreation amusement fitness (Pilates Studio)
Properly Made Date	4 September 2018
Information Request Date	4 October 2018
Information Response Date	4 October 2018
Decision Due Date	8 November 2018
Report Completed Date	18 October 2018

PROPERTY DETAILS
Property Address	1/2 Lanyana Way Noosa Heads
RP Description	Lot 12 RP 129285
Land Area	496m²
Existing Use of Land	Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Business Centre
Overlays	Nil
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Pilates Studio).
The applicant submits the following:
Bare Bones Movement Pilates will provide timetabled group and private Pilates classes 7 days a week. Specialising in Reformer Pilates, the focus is providing whole body sequencing, functional strength and movement training to all clients. A Reformer is a bed-like frame utilising spring loading to create resistance when the carriage moves back and forth. Activity based workshops will also be offered, instructing clients how to apply the movement training from the studio into everyday activities, such as surfing, cycling, and running, and various sports and lifestyle activities.
Class times will commence at 5.30am through to 8.00pm in the evening. The class schedule is still being developed as the demand at present has not been determined. It is proposed for 2 – 3 classes to occur of a morning, a break through the middle of the day or more personalized private 1 on 1 tuition, with 2 – 3 classes of an afternoon and evening. All classes are 50 minutes in length and will have a minimum of 15min break between each class. The applicant is in agreement if Council wishes to include this as a condition of approval.
Each class will be run by one full time staff member plus part-time/casual staff member.
The locality and proposal plans are included below.

Figure 1 – Site Locality

Figure 2 – Floor Plan
site details
Background
The subject site was surveyed circa 1971.
Site Description
The subject tenancy is shop 1 located at 2 Lanyana Way, Noosa Heads. The subject tenancy is 121m2. The car parking of the development was offset by contributions paid to Council. The subject shop enjoys 6.33 (6) ‘as of right’ public car parking spaces.
Surrounding Land Uses
The subject tenancy is located on the south-western façade of the building at 2 Lanyana way, having direct frontage access to Lanyana Way. The site adjoins predominantly retail shops to the north and is adjacent a public carpark to the southeast and a Coles supermarket, retail shops and carpark to the southwest.
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.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Business Uses Code
Landscaping Code
Engineering Works Code
The subject site is located in the Noosa Heads Locality and is zoned Business Centre. The proposed use is defined as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	497.09m²	
Use Area	Not applicable	118m²	
Carparking	6 spaces	6 spaces (existing ‘as of right’)	
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	3 bicycle spaces Locker(s) and shower cubicle(s) not required	0 bicycle spaces Lockers provided 1 shower cubicle provided	X
Carparking
The subject tenancy was originally developed on the site as a retail shop with 118m2 of use area. Based on the carparking requirements of a retail shop the subject tenancy currently enjoys use of 6.33 (6 car spaces).
The carparking requirements of the existing and proposed uses are outlined below.
Retail Business Type 2 Shop and Salon:
1 space per 20m2, or part thereof, of use area for areas up to 100m2 (excluding outdoor dining area); AND
1 space per 15m2 or part thereof of use area for areas in excess of 100m2 (excluding outdoor dining area);
Entertainment and dining business Type 2 Recreation, amusement & fitness
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 proposed Pilates Studio use requires carparking to be provided at the following:
Based on the use area of 118m2 = 5.9 (6 car spaces)
Based on the proposed maximum number of patrons (11 persons) = 3.66 (4 car spaces)
The proposed use with regard to the 6 carspaces currently enjoyed by the subject tenancy complies with the carparking requirements of The Noosa Plan. During a site visit on 4 October 2018 (11am) it appeared that carparking within the Cooyar Street carpark was not at maximum or near maximum capacity (figures 3 and 4). Furthermore, the observed existing traffic and vehicular movements in the area raises no concern with regard to the proposed use.
No additional carparking contributions are required for the proposed use, however conditions are included accordingly with regard to the proposed maximum patron numbers.

Figure 3 – Cooyar Street Carpark Facing East (4/10/18 11am)

Figure 4 – Cooyar Street Carpark Facing West (4/10/18 11am)

Bicycle Parking
A site visit on 4 October 2018 (11am) indicated that a number of bicycle parking facilities are accessible nearby by users of the proposed Pilates Studio (figure 5 and 6). It should be noted that the photos below were taken during school holidays and hence the high demand of bicycle parking spaces.
The applicant does not propose to provide additional bicycle parking spaces within the site/subject tenancy. It is evident that considerable existing bicycle parking facilities are available within public space in close proximity of the subject tenancy. The existing bicycle parking spaces are considered suitable and reasonable for use by the patrons of the proposed use.

Figure 5 – Bicycle parking (Lanyana Way)

Figure 6 – Bicycle parking (Cooyar Street Carpark)
Amenity
The applicant submits that the proposed Pilates Studio use specialises in Reformer Pilates. The applicant states A Reformer is a bed-like frame utilising spring loading to create resistance when the carriage moves back and forth. Verbal discussions with the applicant’s consultant advised that the reformer beds emit minimal (if any) noise during use. Furthermore, the nature of Pilates is ideally free of loud and disruptive noises, therefore noise associated with the proposed use and subject tenancy will be kept to a minimum to ensure the effectiveness of the classes and enjoyment by patrons. Conditions are included accordingly.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Health Officer, Environmental Health
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU18/0142 for a Material Change of Use - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Pilates Studio) situated at 2 Lanyana Way Noosa Heads and described as Lot 12 RP 129285, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0142
Street address:	1/2 Lanyana Way Noosa Heads Qld 4567
Real property description:	Lot 12 RP 129285
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Pilates Studio)
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, 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
A.200	-	Proposed Floor Plan, drawn by Zest Design Noosa	-
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Operating Hours and Class Times
The approved use must not operate outside the hours of 5:30am to 8:00pm Monday to Sunday.
Group classes must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
Maximum Clients and Staff
The maximum number of clients per class must not exceed 11.
The total number of employees on the site at any one time must not exceed 2.
Noise
Noise nuisance beyond the boundary of the site shall not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD	Noise level at a residential place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 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.
referral agencies
Not applicable.
Advisory notes
Not applicable.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Tenancy Fitout
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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PROPOSED FLOOR PLAN

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