Delegated Report - Code - Planning MCU20 0110 · MCU20/0110

Author	Michelle Tucker, Principal Strategic Planner,
Glen Conforti, Development Planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0110
Applicant	FGT Pty Ltd
Proposal	Material Change of Use - Indoor sport and recreation
Properly Made Date	12 October 2020
Decision Due Date	23 November 2020
Report Completed Date	12 November 2020
Report Reviewed By	12 November 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	24 Lanyana Way Noosa Heads Qld 4567
RP Description	Lot 1 and 2 RP 129285
Land Area	506m²
Existing Use of Land	Vacant Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Major Centre Zone (Hospitality Precinct)
Overlays	NA
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for Indoor sport and recreation (Piliates studio) within an existing tenancy.
The locality and proposal plan are included below.

Figure 1 - Locality map

Figure 2 - Floor Layout
site details
Background
The use is to be carried out within an existing building with no proposed changes to be made to the built form.  In April 2015 Noosa Council approved a Change to an Existing Approval (MCU14/0016.01) which approved the following uses on site:
• Retail business Type 2 – Shop and Salon (Shops x 4), and
• Commercial Business Type 1 – Offices (Offices x 3).
The previous approved tenancy of Shop 3 was a Shop in accordance with the Existing Approved Plans.
Site Description
The site is located at Shop 3, 24 Lanyana Way, Noosa Heads and is described as Lot 1 on RP129285. Shop 3 is located within the Noosa Junction Hospitality Precinct and is directly accessed via the south-western boundary from Lanyana Way. The site is within an existing two-storey building with four (4) retail/shop tenancies on the lower floor, and office space above on the first floor. Shop 3 comprises a total gross floor area of 120m².
Surrounding Land Uses
The site is located within the Major Centre of Noosa Junction which has a mix of retail shops, commercial offices, restaurants, cafes and community and health services. The site is adjoined by the following uses:
• North of subject site: Shop 4 Coworking office space
• South of subject site: Shop 2 Alchemy in Motion / Integrated Pelvic physiotherapy
• East of subject site: Car parking / Village Bicycle (Bar)
• West of subject site: Lanyana Way with Noosa Fair 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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Local Plan Code
Major Centre Zone Code
Recreation Activities Code and
Works Codes
The subject site is located in the Noosa Heads Local Plan and is zoned Major Centre Zone within the Hospitality Precinct. 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.
The proposed use, for a Pilates studio, will be undertaken in an existing building and does not propose any changes to the building in terms of use area or GFA. There are proposed some minor internal changes to the layout to accommodate the use. The Pilates studio will comprise of an open plan workspace area consisting of a reception area (21m²), reformer studio (85m²) and storage area (14m²).
The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Plot ratio	1.9:1 max.	NA	
Site cover	45% max	NA	
Landscaped open space Soft landscaping Landscaping Setbacks	< m² min < min 60% of total	NA	
Building height storeys metres	3 storeys max 12 metres	NA 2 storeys	
Boundary setbacks Frontage Side Side Rear	0 metres up to 2 storeys 0 metres min 0 metres min 60metres min	NA < metres < metres < metres < metres	
Carparking – Indoor Sport and Recreation	One space per 20m²	Existing building has limited onsite car parking however there are parking credits allocated for the site. Refer to Car parking discussion below.	
Operation Hours and Amenity
Group and private Pilates classes will be 40-45 minutes in duration. Pilates workshops will be offered occasionally and may run over several hours. Each class will be run by one full time staff member plus part-time/casual staff member. Class numbers will be limited to 10 people based on the number of reformers, with an average class size of 7 (seven) people.
It is proposed that the studio will operate 7 days a week, with operating hours from 5:00AM to 7:30PM to accommodate a range of clients and their availability. This operating model allows classes to be staggered throughout the day and to be offered at times which suit the customers. The proposed operating hours are consistent with the other existing Indoor Sport and Recreation uses, as well as the business, retail and dining uses within the Noosa Junction precinct.
Studio Pilates Noosa will utilise low level background music into their classes. The proposal does not include high intensity workouts, nor the associated music that is common with gym operations. The nearest residential property is approximately 185 metres away (adjacent to Coles supermarket), so no impact on residence amenity will be associated with the proposed use. A general condition is included to ensure adjoin tenancies are not negatively impacted by the use.
Carparking
The proposed Pilates studio has a GFA of 120m². Under the Noosa Plan 2020 the car parking rates and number of spaces to be provided for a shop and indoor sport and recreation are equivalent being 1 space per 20m². Therefore no additional carparking is triggered as a result of this application. It should be noted the site does not provide the number of car spaces the planning scheme seeks but has been addressed and approved under previous approvals over the site.
cONSULTATION
Not applicable
conclusion & reasons for decision
The proposed Indoor Sport and Recreation use is a reuse of an existing building in a retail and office building. The proposed development is compatible with the existing nature and character of Lanyana Way. The use presents a low intensity use of the site and does not pose any adverse impacts on the surrounding dining, entertainment and commercial businesses.
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 MCU20/0110 for a Material Change of Use - Indoor sport and recreation (Piliates studio) situated at 24 Lanyana Way Noosa Heads Qld 4567 and described as Lot 1 RP 129285, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0110
Street address:	24 Lanyana Way Noosa Heads Qld 4567
Real property description:	Lot 1 RP 129285
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 - Indoor sport and recreation (Pilates studio)
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
WD-103	B	Schematic Design Concept, prepared by Studio Collective	03.10.2020
Built form
The ground floor shopfront must provide a minimum of 50% transparent glazing to allow passive surveillance and an active building front.
Any security screens on the premises must consist of grille or translucent screens and not solid shutters, screens or roller-doors.
Amenity
The approved use must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the adjoining or surrounding properties by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 12 November 2026, 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:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
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.
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
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