Council Report MCU19 0132

DEVelopment application for material change of use for entertainment & dining business type 2 recreation, amusement & fitness (24 Hour gym)

Document information

Author	Development Planner, Billy Glover
Environment and Sustainable Development

Index	MCU19/0132

Attachments	1. Proposal Plan

APPLICATION DETAILS
Applicant	APPJ Holdings Pty Ltd
Proposal	Material Change of Use - Entertainment & Dining Type 2 Recreation, amusement & fitness
Properly Made Date	1 November 2019
Information Request Date	29 November 2019
Information Response Date	19 December 2019
Decision Due Date	4 March 2020
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	24 Venture Dr Noosaville Qld 4566
RP Description	Lot 15 SP 216079
Land Area	1,648.99m²
Existing Use of Land	Vacant Building (Approved for Industrial Business Type 2 Production, alteration, repackaging & repairing)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Biodiversity (Environmental Protection Area) 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 27 April 2020 regarding Application No. MCU19/0134 for a Development Permit for Material Change of Use – Entertainment & Dining Business Type 2 Recreation, amusement & fitness, situated at 24 Venture Dr Noosaville and:
A.	Refuse the application for the following reasons:
The proposed use is identified as an inconsistent use in the Industry Zone of the Noosaville Locality.
The proposed site is not suitable for the proposed 24 hour open access gym which can be appropriately located in a business centre or the like.
The proposal is contrary to Overall Outcomes 14.110.2 c) and d) and Specific Outcome O7 of the Driveways and Carparking Code as the applicant has not satisfactorily demonstrated there is sufficient car parking on site for the proposed use and consequently the proposed use has the potential to impact the availability of on-street car parking and private car parking on adjoining and surrounding properties.
The development proposal cannot be conditioned to comply with The Noosa Plan.
The development proposal does not demonstrate compliance with the Driveways and Parking Code under the draft planning scheme for the shire.
There are no discretionary matters which would warrant approval of the development proposal.
For the aforesaid reasons, approval of the development proposal would not advance the purpose of the Planning Act 2016.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval for a Material Change of Use - Entertainment & Dining Type 2 Recreation, amusement & fitness (24 Hour Gym).
The applicant proposes to relocate the existing Anytime Fitness gym to the subject site and tenancy from the current Noosa Civic location. The applicant submits the following:
The proposed use is one of a traditional gymnasium which is open for patron use 24-hours a day, 7-days a week. Anytime Fitness currently operates from a site located within the Noosa Civic Shopping Complex, and is looking to relocate to the subject site.
The use areas of the development will comprise office area, cardio equipment area, boxing and crossfit rings, sled track, free weights, gymnasium machine activity space, and change rooms including toilets and showers.
The applicant proposes the following specifics in relation to the proposed Anytime Fitness Noosa gym:
It is open to members 24 hours a day, 7 days a week
Timetabled group training sessions are not offered
Members are able to book their workout slot online
Capped at a maximum of 30 members at any one time

The locality and proposal plans are included below.

Figure 1 – Site Locality

Figure 2 – Site Plan
site details
Background
The subject site was created and developed circa 2016. The existing development was approved as a Warehouse (MCU16/0087).
Site Description
The site is 1,648.99m2 in area and is generally flat. The site enjoys direct access from Venture Drive and is provided with 15 car spaces on a concrete hardstand area at the front of the building.
Surrounding Land Uses
The site is surrounded predominantly by industrial uses within the Industry Zone. The surrounding area does include a mix of other existing and/or approved uses, such as a Chocolate Factory with Restaurant, a Brewery with Restaurant (and bar), Gyms and Retail Hardware stores.
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 July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ 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 urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
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 is zoned Industry. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Land Use
Council has previously approved a number of gyms and other similar land uses in the Noosaville Industrial area, including dance and swim schools. Often these types of uses require tenancies found in industrial areas given the need for large floor plates and the potential for some sport and recreation uses to adversely impact on neighbouring commercial/retail properties. The Noosa Plan includes the following overall outcome for the area:
Noosaville Locality Code
vv) For the Industry Zone—land in this zone—
ii 	is protected for industrial functions including Industrial business Type 2 to the exclusion of incompatible uses including Residential Uses, Community Uses, Commercial business and most sport and recreation uses and Retail business uses;
Given these uses are generally floor area consumptive and as such difficult to locate in the business centre,  a number of gyms have been approved in the Noosaville industrial estate.
The table below provides an assessment of the proposed gym against the key development parameters for the site and identifies the proposal’s compliance with the applicable scheme requirements.
Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	1,648.99m²	-
Use area Gross floor area	Not applicable Not applicable	705m² 752m2	- -
Carparking	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. = 36 spaces	16 car spaces 2 staff car spaces 4 motorcycle spaces = 19 spaces	X
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	15 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	15 bicycle spaces (racks) 8 locker/s (minimum) 2 shower cubicles	
Carparking
As demonstrated in the table above, the proposal does not comply with the scheme’s minimum car parking requirements for a gym.
The proposal plans detail the tenancy has a gross floor area of 752m2, and is more than double the area of the current Noosa Civic Anytime Fitness tenancy of 365m2.
Based on the proposed total use of the area of the gym of 705m2, the proposed gym requires 36 car parking spaces to be provided on site. The proposal includes the equivalent of 19 on site car parking spaces, therefore falling short of the required car parking by 17 spaces.
To support their application, the applicant provided survey data from the existing Noosa Civic Anytime Fitness gym indicating no more than 20 people enter the gym within any given hour time slot and therefore arguing the proposed site provides sufficient car parking for the peak demand of the existing business. Furthermore, the applicant submits that the relatively low population growth of the Noosa Shire will not place any further significant demand for the subject gym into the future.
The applicant also suggests that the use area of the gym is only 523.5m2, measuring only individual equipment areas. Additionally, the applicant suggests Members are able to book their workout slot online suggesting the maximum number of gym users can be limited and conditioned accordingly. Further to this, the applicant provided the following within their final response to Council:
In summary, the proposed development is consistent with the intent Strategic Framework and the Overall Outcomes of the Driveway and Carparking Code. The proposed development is consistent with Specific Outcome O7 of the Driveway and Carparking Code. It can be clearly demonstrated that a fitness centre capped at a maximum of 30 members at any one time has sufficient car parking available to meet the member’s needs. The data that has been collected clearly demonstrates the transport modal split used by gym members to attend their activity. This data again clearly illustrations that there is sufficient parking available to meet the needs for a fitness centre operation in the proposed location. Therefore, we recommend the approval of this application with reasonable and relevant conditions.
Council’s consulting traffic engineer advises a survey of the existing gym is not a reasonable indicator of the likely parking demand for the proposed gym as the new gym has a gross floor area of 752m2 more than double the area of their existing Noosa Civic tenancy of 365m2.
Therefore to address the proposed gym’s likely parking demand,
the applicant was requested to provide parking surveys from two existing gyms of similar floor area and mode of operation, in order to demonstrate the proposed on site car parking arrangement is suitable for the likely demand of the proposed gym. The surveyed gyms were not required to be located in the local area as it is considered the supply and demand for gyms self regulates in each region. The applicant did not provide any material prepared by or comment from a suitably qualified and experienced traffic engineer, in support of the proposal. Consequently, the applicant has not satisfactorily demonstrated there is sufficient car parking on site for the proposed use, contrary to Specific Outcome O7 of the Driveways and Carparking Code.
Under The Noosa Plan, it is intended for traditional open access gyms to be located within business centres with shared car parking arrangements. Considering the presence of a mix of uses and consequent varied peak parking demand times, centres typically provide suitable overflow car parking for gyms and other uses to co-locate. Furthermore, centres have direct access to public transport and other supporting services.
The applicant provided no details as to how they would cap their members to a maximum of 30 at any one time. It is considered that this is not workable given the uncontrollable use of open access gyms operating 24hrsd  .
Consequently, the applicant has not satisfactorily demonstrated there is sufficient car parking on site for the proposed use, and the proposed use is contrary to Specific Outcome O7 of the Driveways and Carparking Code.

draft planning scheme
With regards to the draft planning scheme, the subject site is identified within the Venture Drive Enterprise Precinct. The proposed Indoor sport and recreation use is identified as a consistent use within the Venture Drive Enterprise Precinct and would require code assessment against the planning scheme.
Despite the proposed use being identified as a consistent use under the draft planning scheme, the application would still need to demonstrate compliance with the relevant codes, including the Driveways and Parking Code. The code specifies minimum parking of one space per 20m2 gross floor area, consistent with the current planning scheme.
It is unlikely the proposal would be recommended for approval under the draft planning scheme.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer, Development Assessment
The application was forwarded to the following external consultants:
Traffic Engineer
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
The proposed Anytime Fitness open access gym use has the potential to impact the availability of on-street car parking and private car parking on adjoining and surrounding properties, contrary to Specific Outcome O7 of the Driveways and Carparking Code.
Whilst these types of gyms typically require tenancies with substantial floor area, suitable tenancies are found in business centre areas and the like, within the Noosa Shire. Under Section 43(2) of the Planning Act 2016, rental/lease costs are not to form part of the assessment of development applications.
The potential off site impacts due to the lack of on site car parking cannot be mitigated by reasonable conditions. Furthermore, it would be unreasonable and impractical to include condition/s regulating the maximum number of users of a 24 hour open access gym at any one time.
The development proposal cannot be conditioned to comply with The Noosa Plan and it is recommended the application be refused.

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		Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		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	27 APRIL 2020

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