Council Report MCU17 0555

mcu17/0555 – DEVELOPMENT APPLICATION FOR A MATERIAL CHaNGE OF USE FOR ENTERTAINMENT AND DINING TYPE 2 - RECREATION, amusement and fitness (Gym) at 28 eenie creek road, noosaville

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/Application/MCU17/0555

Attachments	1.	Noosa Business Centre Precinct Plan
2.	Indicative Class Schedule

APPLICATION DETAILS
Applicant	QIC Noosa Civic Pty Ltd
Proposal	Material Change of Use - Entertainment & Dining Type 2 Recreation Amusement and Fitness
Properly Made Date	22 November 2017
Information Request Date	20 December 2017
Information Response Date	10 January 2018
Decision Due Date	21 March 2018
Number of Submissions	1 (Not properly made)

PROPERTY DETAILS
Property Address	Noosa Civic 28 Eenie Creek Rd Noosaville
RP Description	Lot 3 SP 246584
Land Area	317,300 m²
Existing Use of Land	Vacant commercial tenancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Shire Business Centre
Overlays	Biodiversity Overlay: Environmental Enhancement Area Natural Hazard Overlay: Acid Sulfate Soils (Low Potential)
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 6 March 2018 regarding Application No. MCU17/0555 for a Development Permit for  Material Change of Use – Entertainment  & Dining Type 2 Recreation, Amusement and Fitness (Gym) situated at Noosa Civic 28 Eenie Creek Rd, 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 prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Plan No.	Rev.	Plan Name	Date
Job No. 712149	A	Site Plan, drawn by The Buchan Group	3.11.2017
Job No. 712149	C	Tenancy Plan, drawn by The Buchan Group	3.11.2017
Nature and Extent of Approved Use
Approval is for a Fitness Centre with a total gross floor area of 369m2.
The Fitness Centre class size must not exceed a maximum of 40 persons at any one time, including staff.
The Fitness Centre may operate 5.00am to 9.00pm, Monday to Sunday.
Acoustics
The use of the premises must comply with the following requirements:
Ensure all windows and doors facing Noosa Civic are locked shut during class times or when amplified music is being played;
The common wall to the adjoining tenancy is to be sound proofed to the reasonable satisfaction of Council;
All amplified sound at the premises must be conducted through a sound limiting device at all times to ensure that noise does not cause nuisance;
The sound limiting device is to have a locking mechanism or be located within a locked enclosure, which is to be locked at all times except for inspection or maintenance work on the device;
Access to the sound limiting device, except for maintenance work, is restricted to the gym manager, nominee and the person in charge of the premises at any time; and
The sound limiting device must be checked and if necessary adjusted by a qualified acoustic consultant at least every 12 months to ensure compliance with condition c). Acoustic certification is to be kept on site.
Advertising Signage
Any advertising sign or device must comply with Council's policies on advertising.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
PROPOSAL
The proposed development seeks to convert a vacant tenancy within the Emporium Precinct to an F45 Training gym tenancy with a total GFA of 369m2. The proposed development will not alter the total GFA of the Emporium precinct or existing development. The changes to the tenancy are internal to the building and will not alter the built form or physical scale of the approved Emporium buildings.
The applicant advises:
The F45 Training model differs from traditional gyms, whereby workouts are structured into 45 minute group training sessions, rather than a traditional gym with equipment and individual workouts with varied lengths. The proposed F45 Training gym at Noosa Civic will operate 5-6 classes per day, with the first class commencing at 5am and the last class concluding at 6.30pm. Should the demand for the gym increase, more classes may be offered within these operating hours.
In response to an Information Request the applicant has advised:
It is currently proposed to schedule classes for the following times:
Morning: 5:15am, 6:15am, 7:15am, 8:30am and 9:25am; and
Afternoon: 4:30pm and 5:30pm.
It is confirmed that there will be a maximum of three (3) staff members on site at any one time.
27 people are currently able to attend each class; the absolute maximum possible to be accommodated if required is 36 people.
The F45 gym model only runs organised classes and is therefore not open to the public outside of class times.
The number of classes to be provided when the gym is operating at full capacity is a maximum of 10 classes per day but there will remain a portion of the day where the gym is closed.

site details
Background
The development approval for Noosa Civic Stage One was issued by Noosa Council via a Negotiated Decision Notice dated 14 August 2003, and as amended on 17 March 2005 and 13 April 2006. The approval included 7,200m2 of showrooms constructed with the original shopping centre development, with the showrooms known as the Emporium complex.
The following images detail the location of the subject site:

Figure 1: Locality Plan

Figure 2: Locality Plan

Site Description
The site has a total area of 31.73 hectares, fronting Eenie Creek Road to the north, Hofmann Drive to the west and Water Hay Drive to the east.
The site has been developed with a shopping centre, together with retail showrooms, commercial office space and a service station. The existing centre, known as Noosa Civic, opened in October 2006 and comprises:
a discount department store based shopping centre, including a service station, with retail shop floor space of 18,585m2 Total Use Area (TUA);
the Emporium retail showrooms development with 7,056m2 TUA;
commercial office space of 5,000m2 TUA; and
associated servicing, car parking and other development infrastructure.
The site specific to the application is an existing showroom tenancy within the “Emporium” showroom complex. The tenancy is 369m2 in size and is rectangular. Access is from the south via the customer carpark. A photograph showing the subject tenancy (previously Sunshine Coast Betta Home Living) is shown in Figure 3 below.

Figure 3: Subject site
The proposed tenancy and floor plan is provided in the following image:

Figure 4: Floor and elevation plan

Surrounding Land Uses
Immediately adjacent to the west of the site is a walkway which provides access to the rear of the Emporium tenancy with a vacant showroom situated to the east. To the south is the Noosa Civic shopping centre and to the southwest are a mix of offices, banks, commercial tenancies, Centrelink and a service station. Further afield to the west and southwest are a mix of industrial businesses along Hoffman Drive and Rene Street. Across Eenie Creek Road to the northwest is a mix of car yards and industrial tenancies and to the northeast is a retirement village.
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 2107
The Shire Business Centre is identified as a Major Activity Centre in the Regional Plan. The Regional Plan identifies that these centres are focal points for sub-regional employment and the delivery of sub-regional services. They provide a third tier administrative function to the capital city centre, accommodating government branch offices or service centres of sub-regional significance, as well as major concentrations of business and related activities, cultural and entertainment facilities, and support comparison and convenience retail uses that meet the needs of their subregional catchments.
The proposed gym, being a use commonly found in centres of this type, supports the function of the Shire Business Centre as a Major Activity Centre.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
Koala Habitat Area
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area. No further clearing is proposed.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
The subject site is located in the Noosaville Locality and falls within Precinct B3 of the Shire Business Centre zone under The Noosa Plan (refer to Noosa Business Centre Precinct Plan included as Attachment 1). The proposed use is identified as an inconsistent use within the precinct and is required to follow an impact assessable application process.
Locality Provisions
The use raises a primary conflict with the Noosaville Locality Code provisions for the Shire Business Centre zone because it is identified as an inconsistent use. Entertainment and Dining Business’ (Type 2) are generally supported within the Shire Business Centre zone, being a consistent use within precincts B1 and B2 but not within precinct B3 which has predominantly been developed for showrooms. The proposed use is not supported within precincts E1, E2, E3, E4, E5, E6 or E7 (none of these precincts have been developed).
The primary reasons to support the recreation use within Precinct B3 are considered to be:
The use aligns with the overall planning scheme intent for the creation of a mixed use, multi-function employment centre, as Entertainment and Dining Business are allowed within the Noosa Business Centre.
The use will not unduly impact on available showroom space available within the Noosa Business Centre with Precinct B3 remaining predominantly available for showrooms.
The use allows for patrons and staff of the Noosa Civic and residents of the development in Hoffman Drive to access an alternative fitness facility within close proximity.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Driveways and Carparking Code
Landscaping Code
Engineering Works Codes
The application has been assessed against the above applicable codes and generally complies with each. The use attracts a higher car parking rate under the planning scheme (8 spaces currently provided with 19 required) but provision of additional parking is not considered necessary as no other new external works are required and the Emporium complex has been observed over an extended period to have ample parking, with many shopping trips combining multiple businesses within Noosa Civic. The applicant has provided a Traffic and Transport Report which identifies that:
The traffic generation associated with the development will represent less than 3% of the overall centre generation on Thursdays and 2% on Saturdays which is a negligible increase.
A peak demand of 39 spaces occurs before centre opening hours on both Thursday and Saturday peak periods. The car parking surplus at the centres peak hours remain unaffected as the F45 development does not operate during 10:00AM to 4:00PM. At peak periods, on Thursday and Saturday, the centre has available parking storage of 286 spaces and 478 spaces respectively.
Overall, the development proposal for the F45 gymnasium is considered to be appropriate in terms of traffic and parking impact for Noosa Civic Shopping Centre. With consideration for the proposed development operations and excess capacity in the existing parking provision, the inclusion of the proposed development is considered to have minimal impact on the existing centre operations.
The applicant’s submission in relation to car parking is generally accepted and the application has been reviewed by Council’s Development Engineer who has not raised concern with the proposal. An indicative schedule of the proposed class times is provided at Attachment 2 – this schedule relates to F45’s operation at Coolum. F45 also operate in Noosa Heads with review of the website confirming a similar schedule.
Noise impacts:
The use of the tenancy for fitness classes will involve amplified music being played. The tenancy is sited such that it only has one abutting tenancy. The applicant proposes noise mitigation measures to ensure that any potential impact is alleviated. These measures include a DB meter to monitor noise levels and that the dividing wall is soundproofed.
It is recommended that conditions be included in the approval that address noise mitigation measures to preserve amenity for neighbouring tenants.
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agencies:
Advice
ENERGEX is an advice agency for electricity easement matters and advised via letter dated 15 December 2017 it has no objection to the application.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. One not properly made submission was received. The following table provides a summary and assessment of the issues raised by submitters.

Matters Raised	Comments
Insufficient car parking available at Noosa Civic, extra pressure on car parking may result in the centre owners requiring paid parking	The proposal has adequately demonstrated that a significant portion of the class will be held outside of peak demand at the centre and that even during peak demand adequate car parking spaces remain available.
conclusion & REASONS FOR DECISION
The proposed gym use within an existing showroom tenancy in the Noosa Business Centre raises conflicts with the uses identified for the precinct but does not raise any significant planning concerns. A gym is supported within the Business Centre within precincts B1 and B2. The use broadly aligns with The Noosa Plan’s intent for the creation of a multifunction business centre and will not unduly impact on the available showroom floor space within the centre. The application is recommended for approval, with relevant conditions.

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	x	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	6 MARCH 2018

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