Delegated Report - Code - Planning MCU22 0083 · MCU22/0083

Author	Nadine Gorton Development Planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0083
Applicant	EdwardsAndCo
Proposal	Material Change of Use - Shop
Properly Made Date	16 May 2022
Information Request Date	13 June 2022
Information Response Date	6 July 2022
Decision Due Date	21 October 2022
Report Completed Date	5 August 2022
Report Reviewed By	Kerri Coyle

PROPERTY DETAILS
Property Address	Noosaville Central 4/11 Gibson Rd Noosaville Qld 4566
RP Description	BUP 105546, Lot 4 BUP 105546
Land Area	249.0000 m² 3559.0000 m²
Existing Use of Land	Vacant showroom

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	District Centre
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils (above 5 AHD)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use – Shop (hair salon) within tenancy 4 of the existing building on site. The applicant indicates that the hair salon will comprise an open plan workspace which is distinctive to the Edwards and Co brand. The open plan workspace and proposed plans includes:
Front counter
6 cutting bays
6 wash basins
Colour processing table
Kitchenette
The applicant submits the salon comprises a use area  of 160m2 with a large back of house/ storage area, kitchen, amenities and scooter parking comprising 89m2.
No alterations are proposed to the external building form.
The locality and proposal plan are included below.
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Figure 1 – Locality

Figure 2 – Floor Plan

Figure 3 – Applicants example of open plan workspace

site details
Site Description
The site forms part of a Building Unit Plan which includes 4 showrooms consisting of 3 x retail tenancies which primarily operate between 9am - 5pm and an Indoor Sport and Recreation (Gym – Noosa Fitstop). The subject tenancy (Lot 4) was previously occupied by a homewares store.
The site gains access to Gibson Service Road via an existing crossover. The existing car parking arrangement for the site includes 26 visitor parking bays.
Surrounding Land Uses
The subject site is located along the southern boundary of the District Centre zone. Immediately to the south is the low density residential zone. North of the site is the Noosa Village Shopping Centre.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
District Centre Zone Code;
Noosaville Local Plan Code;
Recreation Activities Code;
Works Codes
The subject site is located in Noosaville and is zoned District Centre.  The proposed use is identified 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 and is located fully within an existing building. The main issue with the proposal relates to the provision of carparking on site.
Carparking
Acceptable Outcomes AO6.1, and AO6.4 of the Driveways and Parking Code seeks that developments include sufficient parking for customers and staff. AO6.1 requires that the number of car parking spaces, motorcycle spaces, bicycle spaces and loading bays is not less than the minimum number specified in Table 9.4.1.4 Minimum parking requirements including end of trip facilities. AO6.3 also requires that secure and convenient parking spaces for bicycles are designed and provided on site in accordance with AS2890.3 AO6.4, bicycle spaces and end of trip facilities need to be accessible to all users.
The existing development on site contains 26 carparking spaces in common property. No additional area is available on site for the provision of further carparking and Council has previously (MCU21/0106) apportioned the existing carparking to each tenancy based on the total floor area divided by the 26 spaces. Based on the existing total gross floor area for the entire site of 1170m2, the ratio of carparking for the site equates to 1 space per 45m2 of gross floor area. Tenancy 4 has a floor area of 249m2 and therefore 6 (5.5) spaces are allocated to this tenancy.
After discussions about carparking, the applicant has converted a portion of the tenancy into scooter parking for 8 scooter spaces and closed off/converted 49m2 into void. As a result of these amendments, the total gross floor area for the shop is 160m2. The Driveways and Parking Code details requirements for shops of 1/20m2 with the proposed hair salon required to provide a total of 8 carparking spaces. The provision of 8 scooter spaces is equivalent to 2 carparking spaces and considering the existing allocation (6 spaces) for the premises, the proposed shop (hair salon) is now compliant with scheme provisions. Whilst a hairdressing salon will have a high turnover and the scooter parking predominantly cater for staff, the peak usage of the salon will generally be outside the main hours of the adjoining gym and mean additional carparking is likely to be available on site.

In support of the proposed carparking the applicant also submits:
the peak hours of the salon will generally be outside the peak hours of the adjoining gym which is conditioned to only have 9 customers between 9am and 5pm Monday to Saturday
the appointments are staggered which will ensure peak loads are lessened
the site is in close proximity to bus routes, pedestrian and bicycle pathways
the Gibson Road service road provides 9 spaces that are directly located adjacent to the site
eight additional scooter spaces are provided on site
the Noosa Transport Strategy 2017 -2027 support and encourage a modal shift away from private car use and prioritise public transport modes
Based on the limitations to hours of operation and the reduction in floor space the proposed carparking is considered adequate for the proposed use. A shop is a consistent use in the zone and the applicant has demonstrated compliance with the planning scheme requirements for carparking and the proposed use is supported subject to conditions.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU22/0083 for a Material Change of Use - Shop situated at Noosaville Central 4/11 Gibson Rd Noosaville Qld 4566 and described as Lot 4 BUP 105546, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0083
Street address:	Noosaville Central 4/11 Gibson Rd Noosaville Qld 4566
Real property description:	Lot 4 BUP 105546
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use – Shop
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
1000	D	Proposed Floor Plan prepared by Amanda Jarvis Design Studio	05.07.2022
The maximum area approved for use as a shop (hairdressing salon) is 160m2.
Nature and Extent of Approved Use
The approved use must not operate outside the hours:
Tuesday: 	10am to 6pm
Wednesday: 10am to 6 pm
Thursday: 	10 am to 9pm
Friday: 	10am to 6pm
Saturday: 	8am to 5 pm
Tenancy 4 as shown on the approved plan must not be used for any purpose other than a hairdressing salon.
Appointments are to be staggered to with a maximum of 8 clients on site during peak times during the day.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
The void areas detailed on the approved plans are not to be used for storage or any other  purposes whilst the premises are used as a shop (hairdresser).
The scooter parking area located inside the premises is to be appropriately signed and accessible for staff at all times the use is operating. The parking area is not approved for storage or use as a shop.
Currency Period
This development approval lapses if the use has not happened by 19 October 2028 unless an application to extend the currency period is approved by Council.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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	All building work.
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 Hours of Operation - Edwards&Co

 

Previous Proposed Hours

Amended Proposed Hours

 

 

 

 

 

 

 

 

 

 

Sunday Closed Closed

Monday Closed Closed

Tuesday 9:00AM to 5:00PM 10:00AM to &00PM.
Wednesday 9:00AM to 5:00PM 10:00AM to &00PM
Thursday 9:00AM to 9:00PM 10:00AM to 9:00PM
Friday 9:00AM to 7:00PM 10:00AM to &00PM
Saturday 8:00AM to 4:00PM 8:00AM to 5:00PM