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Planning Report - Studio Pilates · MCU20/0110

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Town Planning Report
Application for a Development Permit for a
Material Change of Use to Establish an Indoor
Sport and Recreation Use (Code Assessable)

Shop 3 / 24 Lanyana Way, Noosa Heads 4567 QLD
Lot 1 on RP129285


FGT Pty Ltd (ABN 65 633 555 781)
Full text of the other 26 pages

Page 2

Table of Contents
Important Note                                                                                 3
1.   Summary                                                                                   4
2.   Application Information                                                                   5
3.   Development Intent                                                                        6
4.   Characteristics of Site and Surrounds                                                     7
     4.1 Site Characteristics                                                                  7
     4.2 Surrounding Area Land Uses                                                           10
     4.3 Land Ownership and Encumbrances                                                      10
     4.4 Site History                                                                         11
5.   Proposed Development Details                                                             12
     5.1 Material Change of Use                                                               12
     5.2 Operational Aspects of the Proposed Development                                      13
     Studio Operation                                                                         13
     Amenity                                                                                  15
     Staffing                                                                                 15
     Carparking                                                                               15
6.   State Planning Interests                                                                 17
     6.1 Planning Act                                                                         17
     6.2 Referral Agencies and State Development Assessment Provisions                        17
     6.3 State Planning Policy                                                                17
     6.4 South East Queensland Regional Plan 2017                                             17
7.   Noosa Planning Scheme Considerations                                                     19
     7.1   Proposal Definition                                                                19
     7.2 Level of Assessment                                                                  19
     7.3 Applicable Development Codes                                                         19
     Noosa Heads Local Plan Code                                                              19
     Major Centre Zone Code                                                                   20
     Recreation Activities Code                                                               22
     Works Code                                                                               23
     7.4 Planning Scheme Policies                                                             24
8.   Conclusions                                                                              25




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List of Figures
Figure 1: Site Location Map ....................................................................................................................................... 7
Figure 2: Cadastral Map ........................................................................................................................................... 8
Figure 3: Council Zone Map..................................................................................................................................... 10
Figure 4: Example Studio Timetable ..................................................................................................................... 12
Figure 5: SEQ Regional Plan Land Use Category Map .................................................................................... 18




List of Tables
Table 1: Application Information ............................................................................................................................. 5
Table 2: Project Team and Appendices ............................................................................................................... 5
Table 3: Summary of Proposed Development................................................................................................... 13
Table 4: Prescribed Carparking Requirements.................................................................................................. 15
Table 5: Relevant Outcomes for the Major Centre Zone Code .................................................................... 21
Table 6: Outcomes for the Business Activities Code ...................................................................................... 22



List of Photographs
Photograph 1: Shop 3 Frontage to Lanyana Way (Previously Hairhouse Warehouse, now Vacant) .. 9
Photograph 2: Shop 3 Frontage (Previously Hairhouse Warehouse, now Vacant) .................................. 9
Photograph 3: Pilate Private Class Example                                                                                                                       13
13 Photograph 4: Pilate One on One Class Example ....................................................................................... 13
Photograph 5: Pilate Group Class Example ....................................................................................................... 14
Photograph 6: Pilate Group Class Example ....................................................................................................... 14




RG Strategic                                    Planning Report – MCU of Use to Establish a Pilates Studio                                                         2

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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for the sole purposes of FGT PTY LTD (“Client”) for the specific purpose
of demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This
report is strictly limited to the purpose and the facts and matters stated in it and does not apply
directly or indirectly and will not be used for any other application, purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up-to-date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

             •   this report may not be relied on by a Third Party; and

             •   RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim
                 arising out of or incidental to a Third Party; and

             •   publishing, using or relying on the facts, content, opinions or subject matter contained
                 in this report

If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.




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1.   Summary

RG Strategic has prepared this development application on behalf of FGT PTY LTD. The subject site
comprises a rectangle parcel of land located at Shop 3, 24 Lanyana Way, Noosa Heads and is
formally described as Lot 1 on RP129285as shown on Figure 1 Site Location Plan.

The purpose of this report is to seek approval for a Development Permit for a Material Change of
Use for an Indoor Sport and Recreation use.

The site is included in the Major Centre Zone and Noosa Junction Hospitality Precinct within the
Noosa Heads Locality of the Noosa Plan 2020. An application of this nature within the Major Centre
Zone triggers Code Assessment.

The proposed use will be located within the existing building located within Noosa Junction. The
site has been previously cleared of all vegetation and the existing building is intended to remain
unchanged as part of this proposal. The proposed pilates studio comprises:

         •     85m2 of pilates reformer studio area,

         •     21m2 of reception area, and

         •     14m2 of storage area.

The proposed development of this site constitutes ‘development’ as defined by Schedule 2 of the
Planning Act 2016. This report demonstrates that the proposed Material Change of Use of Premises
for an Indoor Sport and Recreation use (Pilates Studio) is permitted.

This planning report provides greater detail of the nature of the proposal, describes the site
characteristics and surrounding land uses, and provides a statutory assessment against the intents
and code requirements of the Noosa Plan 2020. These matters are set out in;

             • Proposed development intent;
             • Description of the characteristics of site and surrounds;

             • Proposed development details;

             • An assessment of the proposal against the State planning interests;
             • An assessment of the proposal against the SEQ Regional Plan;
             • An assessment of the proposal against the Noosa Plan 2020; and
             • A conclusion that summarises the grounds which support the proposed development.


This report should be read in conjunction with the accompanying covering letter, DA Form 1 and
Appendix A Proposed Site Plan. This report comprehensively addresses the merits of the
development with regard to the provisions of the Noosa Plan 2020 and other relevant matters as
prescribed in the Planning Act 2016. The development is appropriate and is not anticipated to
impact upon the amenity of the locality. Council’s approval of the application is therefore sought,
subject to relevant and reasonable conditions.



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2.   Application Information

Table 1: Application Information

 Address                              Shop 3, 24 Lanyana Way, Noosa Heads 4567

 Real Property Description            Lot 1 on RP129285

 Land Area                            120m2

 Local Authority                      Noosa Council

 Current Use                          Recently vacant shop (Hairhouse Warehouse)

 Proposed Use                         Indoor Sport and Recreation

 Planning Scheme                      Noosa Plan 2020 (25th September 2020)

 Locality                             Noosa Heads

 Zone                                 Major Centre Zone

 Precinct                             Noosa Junction Hospitality Precinct

                                      Noosa Heads Local Plan Code
                                      Major Centre Zone Code
 Relevant Codes and Overlays
                                      Recreation Activities Code
                                      Works Code
 Applicant                            FGT PTY LTD (ABN 65 633 555 781)

 Level of Assessment                  Assessable Development requiring Code Assessment

 Referrals                            Not applicable




Table 2: Project Team and Appendices

 Town Planning                     RG Strategic

 Proposed Site Plans               Studio Collective                         Appendix A

 Existing Approved Plans           Middap Architecture                       Appendix B




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3.    Development Intent

Studio Pilates Noosa are seeking approval to establish a Pilates Studio (Indoor Sport and
Recreation). The proposal includes the reuse of an existing building located at Shop 3, 24 Lanyana
Way, Noosa Heads and is formally described as Lot 1 on RP129285. Refer to Figure 1: Subject Site
below.

A Site Plan of the proposed use has been prepared by Studio Collective and is enclosed within
Appendix A. The Site Plan identifies the use are of the Pilates Studio. Studio Pilates Noosa will
comprise of an open plan workspace area housing 10 x Pilates reformer frames, storage space, and
reception area. No alteration to the external built form is proposed.

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 (Appendix B).

This application for a Material Change of Use seeks to change the approved use of Shop 3 from a
Shop to an Indoor Sport and Recreation use (Code Assessable). Studio Pilates Noosa will comprise
of:

          •    85m2 of pilates reformer studio area,

          •    21m2 of reception area, and

          •    14m2 of storage area.

The proposal includes a reconfiguration of the internal layout of the shop as illustrated within the
Proposed Site Plans prepared by Studio Collective (Appendix A).




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4. Characteristics of Site and Surrounds

4.1 Site Characteristics

The land which is subject of this report (i.e. the site) is located at Shop 3, 24 Lanyana Way, Noosa
Heads and is described as Lot 1 on RP129285 as shown on Figure 1 Site Location Map and Figure 2
Cadastral Plan. Shop 3 is located within the Noosa Junction Hospitality Precinct and is directly
accessed via the south-western boundary from Lanyana Way

Currently existing on site is a 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.




                                                                  Subject Site




Figure 1: Site Location Map
Source: NearMap




The site is located within the Noosa Junction Hospitality Precinct and Major Centre Zone of the
Noosa Heads locality, which has been developed for a mixture of shops, restaurants, bars, cafes,
health services and community facilities.

The site is well connected with major transport infrastructure (Noosa Junction Transport Hub) and
active transport facilities within close proximity.

The site has access to all infrastructures that commonly service urban development and including
Council water supply, reticulated sewerage, underground telecommunication services, overhead
electricity supply, street lighting, stormwater drainage, bitumen roadway, and kerb and channelling
along the road frontage of the site.




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Figure 2: Cadastral Map
Source: QLD Globe



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Shop 3 has recently become vacant, but previously was occupied by Hairhouse Warehouse, a retail
shop as depicted in Photographs 1 and 2 below.




Photograph 1: Shop 3 Frontage to Lanyana Way (Previously Hairhouse Warehouse, now Vacant)
Source: Ray White Noosa




Photograph 2: Shop 3 Frontage (Previously Hairhouse Warehouse, now Vacant)
Source: Ray White Noosa




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4.2 Surrounding Area Land Uses

Shop 3 is located within an existing building complex consisting of four (4) retail/shop tenancies on
the lower floor, and office space above on the first floor. As illustrated in Figure 1 above and Figure
3 below, the surrounding area of the subject site predominately encompasses Business and Retail
uses of various scales.

The existing uses that are immediately adjacent to the subject site comprise of the following:

          • 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.




Figure 3: Council Zone Map
Source: Noosa Council Enterprise Mapping System




4.3 Land Ownership and Encumbrances

LAGUNA CAPITAL PTY LTD A.C.N. 126 242 206 is the registered owner of the site. Donald Langdon
and Leonard Costantini are the directors of LAGUNA CAPITAL PTY LTD

Refer to the Certificate of Title and Owners’ Consent attached for further reference. The site is free
of encumbrances.




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4.4 Site History

Following a review on Council’s Enterprise Mapping System (online) it is noted that the site is subject
to a Change to a Development Approval. 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).

A copy of the existing Approved Plans is enclosed within Appendix B.




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5.   Proposed Development Details

5.1 Material Change of Use

This application is seeking a Development Permit for a Material Change of Use to establish a Pilates
Studio (Indoor Sport and Recreation use) on the site. The proposed Pilates Studio (Studio Pilates
Noosa) is a consistent use as defined within the Noosa Plan 2020.

The use will occupy the existing Shop 3 within an existing building complex and no alteration to the
external built form is proposed. The proposed use represents an appropriate reuse of the existing
retail shop tenancy.

Studio Pilates currently operate in a number of locations in Queensland, with the closest studio in
Buddina, and are looking to establish a Pilates Studio in Noosa. Studio Pilates Noosa will provide
timetabled group and private Pilates classes. Pilates is a safe and effective exercise method,
suitable for all levels of fitness and the studio will offer a range of class levels from beginner to
athlete.

An example timetable has been provided utilising data and knowledge from the existing Studio
Pilates located within the state.




Figure 4: Example Studio Timetable
Source: Studio Pilates Noosa

In conjunction with the small class sizes, the starting time of the classes have been staggered so
that they do not coincide with the peak use of the other tenancies on site.

The proposed development is intended to be established in accordance with the proposal plans
provided at Appendix A – Proposed Site Plan. The Site Plan identifies the reformer studio, reception,
and amenities areas located within the Pilates studio. The Studio Pilates Noosa studio will comprise
of an open plan workspace area housing Pilates reformer frames, waiting and reception area, and
storage area at the rear of the studio.

The Pilates Studio comprises of the following:

           •       Reception area,


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          •        Reformer studio, and

          •        Staff amenities and storage area.



A summary of the proposed development details is outlined in Table 3.

Table 3: Summary of Proposed Development

 Current use                                       Currently vacant, previously Hairhouse Warehouse

 Proposed Use                                      Pilates Studio within an existing building

 Total GFA of Existing Shop                        120m2

 Proposed Operating Times                          Monday to Sunday - 5:00 AM to 7:30 PM



5.2 Operational Aspects of the Proposed Development

    Studio Operation

Studio Pilates Noosa will provide timetabled group and private Pilates classes (refer to Figure 4
Example Studio Timetable). 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 which builds strength, conditioning, stamina and power.
Examples of pilates training is illustrated in Photographs 3 to 6.




Photograph 3: Pilate Private Class Example              Photograph 4: Pilate One on One Class Example
Source: Studio Pilates                                  Source: Studio Pilates




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Photograph 5: Pilate Group Class Example                Photograph 6: Pilate Group Class Example
Source: Studio Pilates                                  Source: Studio Pilates




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. As noted in the Example Studio Timetable
(Figure 4) Studio Pilates generally operates in blocks of time. For example:

     •   5:00am - 11:00am

    •    12:00pm - 1:00pm

    •    3:30pm - 7:30pm

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. The following
is a list of existing gyms/fitness operators within the precinct and their operating hours:

    •    Franks Gym – 24 hours a day, 7 days a week.

    •    Caza Brazilian Jiu-Jitsu – 6AM to 8PM, 6 days a week.

    •    Bare Bones Movement Pilates – 6AM to 6:30PM, 6 days a week.

The proposed studio will not result in any negative affects on the surrounding amenity.




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   Amenity

Studio Pilates Noosa will utilise low level background music into their classes. However, the proposal
does not include high intensity workouts, nor the associated music that is common with those gym
operations (e.g. F45 training). We recognise that they may be perceived noise impacts and as such
are willing to accept conditions which limits noise levels at adjoining commercial tenancies at no
greater than background noise level plus 10 dB(A).

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. .




   Staffing

Staff are available on site during opening hours to assist with member inquiries, and to provide the
following programs:

          • Pilates body assessments,

          • Personal and group classes, and

          • Specialised training.




   Carparking

As illustrated within the Site Plans (Appendix A) prepared by Studio Collective, a minor
reconfiguration to the internal layout is proposed to accommodate the Indoor Sport and
Recreation use. It is noted that several areas of the studio do not contribute to actual car parking
generation and these include the reception and storage areas of 21m2 and 14m2 respectfully. The
Pilates Studio has a total Gross Floor Area of 120m2 as identified within the Proposed and Existing
Approved Plans (Appendices A and B).

The prescribed carparking requirements have been calculated utilising the rates specified within the
Noosa Plan 2020 and is listed in Table 4. For consistency, the assessment of the proposal should
have regard to the existing approval (MCU14/0016.01) under the Noosa Plan 2006 and the current
carparking requirements of a Shop under the Noosa Plan 2020.

Table 4: Prescribed Carparking Requirements

   Planning Instrument +
                                                        Rate                               Spaces Required
      Use Definition

                             1 space per 20m2, or part thereof, of use area for
                                         areas up to 100m2; AND
      Noosa Plan 2006
                              1 space per 15m2 or part thereof of use area for                7 spaces
   Type 2 Shop and salon
                            areas in excess of 100m2 (excluding outdoor dining
                                                   area).


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      Noosa Plan 2020
                                              One space per 20m2                           6 spaces
               Shop

      Noosa Plan 2020
      Indoor Sport and                        One space per 20m2                           6 spaces
        Recreation



As demonstrated within Table 4 above, the proposed Material Change of Use from a Type 2 Shop
and Salon (Noosa Plan 2006) to an Indoor Sport and Recreation use (Noosa Plan 2020) has the
equivalent prescribed carparking arrangements. Further, it is established that the carparking
requirements for a pilates studio are the same as a Shop under the current town planning scheme
(Noosa Plan 2020).Therefore, no additional carparking infrastructure is required resulting from the
proposed Material Change of Use.

Further, with class sizes limited to 10 persons at a time and no additional gross floor area proposed,
the existing carparking arrangements (which were assess by Noosa Council in the Change
Application approved in 2015) are sufficient and meet the carparking requirements specified within
the Noosa Plan 2020.




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6.   State Planning Interests

6.1 Planning Act

The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development
applications are assessed by local governments. In respect of the proposed development, a Code
Assessable development application is made in accordance with s. 51 of the Act.



6.2 Referral Agencies and State Development Assessment Provisions

Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the
Planning Regulation 2017. Given that the proposed Indoor Sport and Recreation use is to be
located within an existing building, no major alterations to the building are proposed, and no referral
triggers are identified within the Development Assessment Mapping System; the State Development
Assessment Provisions are not applicable to this code assessable development application.

As such, no further assessment is required and referral to SARA is not activated by this application.



6.3 State Planning Policy

Stated within part 2.1 of the Noosa Plan 2020, the State Planning Policy (SPP) July 2017 has been
appropriately integrated within the Noosa Plan 2020. Therefore, assessment against the SPP is not
required.



6.4 South East Queensland Regional Plan 2017

The South East Queensland Regional Plan 2017 (SEQRP) guides land use and development in the
region. The subject land is located within the Urban Footprint as demonstrated within Figure 5. The
proposed development does not trigger referral to SARA and no further assessment is required.




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Figure 5: SEQ Regional Plan Land Use Category Map
Source: DSDIP online DA mapping




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7.     Noosa Planning Scheme Considerations

7.1    Proposal Definition

The proposed development has been defined under the Noosa Plan 2020 as;

Indoor Sport and Recreation

Indoor sport and recreation means the use of premises for a leisure, sport or recreation activity
conducted wholly or mainly indoors.

Comment: The proposed development is consistent with the above definition.



7.2 Level of Assessment

In accordance with the Assessment Table 5.5.5 for the Major Centre Zone, an Indoor Sport and
Recreation use is subject to Code Assessment.




7.3 Applicable Development Codes

Pursuant to Table 5.5.5 Development Assessment for the Major Centre Zone, the following
development codes are applicable to the proposed Indoor Sport and Recreation use:

      •   Noosa Heads Local Plan Code,

      •   Major Centre Zone Code,

      •   Recreation Activities Code, and

      •   Works Code.




      Noosa Heads Local Plan Code

The subject site is located within the Noosa Heads Locality. An assessment of the proposed
development against the relevant performance outcomes of the Noosa Heads Local Plan Code has
been undertaken. The proposed Indoor Sport and Recreation use is located within an existing
building. No changes to the external built form so as to the materiality or design are proposed. As
such, assessment against the Performance or Acceptable Outcomes listed within the Noosa Heads
Local Plan Code are not relevant or applicable to the proposed development.

Therefore, an assessment against the relevant Purpose and Overall Outcomes for the Noosa Heads
Local Plan Code is provided below.

7.2.5.2 Purpose and Overall Outcomes
Noosa Heads

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(1) The purpose of the Noosa Heads local plan code is to provide locally relevant planning provisions
for the assessment of development within the Noosa Heads local plan area.
(2) The following overall outcomes apply to the Noosa Heads local plan area:
     (j) Noosa Junction functions as a major activity centre providing a range of goods and services
     for residents and visitors in a predominantly multi-tenancy ‘main street’ form with a strong
     relationship between indoor and outdoor spaces. The redevelopment of the former Bowls site
     provides for a new road connection from Noosa Drive through to Lanyana Way as well as an
     activated public open space area.
     (p) Residents of Noosa Heads enjoy high levels of residential amenity and convenience to urban
     services and recreational opportunities.
     (y) The Noosa Heads locality provides a range of community and sports and recreational uses
     which support both residents and visitors.



Comment: 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. As
demonstrated by the Example Studio Timetable (Table 3) the client attendance will be generally
outside of peak business hours. Therefore, the proposed use will not negatively impact upon the
existing uses within Noosa Junction.

Sufficient carparking infrastructure will be provided to meet the demands of the proposed Pilates
Studio as demonstrated by Table 4. The use will not produce excessive noise or, odour, or other
waste.

The proposed Pilates Studio is well located to provide the Noosa Heads residential population with
a quality fitness and training service and provides a further recreational facility for visitors and
residents.

The proposed use is consistent with the Purpose and desire Overall Outcomes for the locality.




   Major Centre Zone Code

The proposed Indoor Sport and Recreation use has been assessed against the Purpose and the
relevant Outcomes sought by the Major Centre Zone Code below and within Table 5 below.

6.4.1.2 Purpose and overall outcomes
(1) The purpose of the Major Centre zone is to provide for a large variety of uses and activities to
service a part of the Noosa Shire, including, for example, administrative, business, community,
cultural, entertainment, professional, residential or retail uses or activities.
(2) The overall outcomes sought for the Major centre zone are as follows:
     (f) Major centres provide a variety of retail uses including shopping centres, full-line
     supermarkets, specialty retail shops, food and drink outlets such as cafes and restaurants,
     personal services, local offices and a range of entertainment activities. Noosa Business Centre
     contains a higher order of retail than Noosa Junction with a shopping centre anchored by a

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     single full-size discount department store and a full line supermarket. Complementary retail uses
     include large format retail showrooms and a separate small format supermarket. Noosa
     Junction complements the Noosa Business Centre with specialty retail stores, supermarkets
     and a variety of entertainment uses such as restaurants, bars, cafes and cinema, catering to
     the local community and visitors.
     (h) Major centres develop as hubs for medical and specialised educational services.
Noosa Junction
(5) The following overall outcomes apply to Noosa Junction and are additional to the overall
outcomes of the Major centre zone:
     (a) Noosa Junction retains its traditional main street focus with a strong core of businesses
     fronting Sunshine Beach Road, Lanyana Way and Arcadia Street.


Comment: The proposed pilates studio is consistent with the nature, scale and type of uses
envisaged in the location. The development does not pose any significant adverse effects in regard
to biodiversity, landscape quality, water quality, or amenity enjoyed by users of surrounding
premises. The proposed development is compatible with the existing surrounding uses.

The proposed development consists of the reuse of an existing retail shop (Shop and Salon use) and
no expansion of the building is proposed. No external works are proposed to the built form and
therefore the use will not affect the visual amenity of the area and will retain the existing character
of the area.

Table 5: Relevant Outcomes for the Major Centre Zone Code

Performance outcomes                      Acceptable outcomes                Development Response

PO1                                      No acceptable outcome              Complies
The business use or centre activity is   provided                           The proposed use is a
of a type, scale and intensity that is                                      consistent use and is
consistent with a Major Centre as                                           appropriately located within
identified in the Noosa Shire Centre                                        the Noosa Junction. The use will
Hierarchy.                                                                  be located in an existing
                                                                            building with no increase to the
                                                                            total gross floor area proposed.

PO2                                      No acceptable outcome              Complies
Uses within a Major Centre do not        provided                           The proposed pilates studio
detract from the role or function of                                        does not detract from the
another Major Centre.                                                       centre hierarchy and
                                                                            compliments the existing health
                                                                            services and community
                                                                            facilities. The propose use is an
                                                                            alternative sport/health use for
                                                                            residents and visitors to the
                                                                            Noosa Heads locality.

PO3                                      AO3                                Complies
Development provides for a mix of        Development provides               The proposal offers an
retail, business, residential and        for the following                  alternative sport and health
community activities to promote an       activities:                        service to visitors and residents.
activated mixed-use environment.         retail shops;                      The use is of a low intensive
                                         food and drink outlets             scale located in an existing
                                         (e.g. local restaurant and         building and therefore impacts,


RG Strategic                   Planning Report – MCU of Use to Establish a Pilates Studio                    21

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                                         dining facilities);                if any, will be negligible on the
                                         health care services;              surrounding commercial and
                                         offices (e.g. banks and            retail business within the
                                         real estate agencies);             immediate vicinity.
                                         entertainment activities
                                         (e.g. a club, function
                                         facility or theatre);
                                         residential activities
                                         located above or behind
                                         non-residential activities;
                                         and
                                         an appropriate range of
                                         community activities and
                                         support service.
PO9                                      No acceptable outcome              Complies
Noosa Junction’s principal role and      provided
function is to provide for a higher                                         The use presents a low intensity
order mixed-use centre prioritising                                         use of the site and does not
entertainment and retail uses                                               pose any adverse impacts on
focused on unique destination                                               the surrounding dining,
shops with local brands, restaurants                                        entertainment and commercial
and cafes, as well as digital and                                           businesses. As demonstrated by
creative enterprise and health and                                          the Example Studio Timetable
professional services.                                                      (Table 3) the client attendance
                                                                            will be generally outside of
                                                                            peak business hours. Therefore,
                                                                            the proposed use will not
                                                                            negatively impact upon the
                                                                            existing uses within Noosa
                                                                            Junction. Sufficient carparking
                                                                            already exists and meets the
                                                                            requirements of the proposed
                                                                            pilates studio.




   Recreation Activities Code

The proposed development has been assessed against the Recreation Activities Code as outlined
below in Table 6. Only Performance Outcomes relevant to the proposed Indoor Sport and
Recreation use have been included in the assessment.

Table 6: Outcomes for the Business Activities Code

Performance outcomes                      Acceptable outcomes                Development Response

PO1                                      No acceptable outcome              Complies
Recreation activities are located in     provided                           The proposed pilates studio is
a zone and on a site suitable for its                                       appropriately located within
intended purpose, is accessible to                                          the Major Centre zone and is
its patrons and supported by                                                consistent with the outcomes
adequate infrastructure and                                                 sought by the Noosa Heads
servicing.
                                                                            Local Plan. The proposed use
                                                                            compliments the existing
                                                                            commercial, dining and health
                                                                            services offered in the locality
                                                                            and presents an alternative
                                                                            health/sport use for the


RG Strategic                   Planning Report – MCU of Use to Establish a Pilates Studio                       22

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                                                                           residents and visitors to Noosa
                                                                           Heads.

PO2                                    No acceptable outcome               Complies
Recreation activities are of a type,   provided                            There will be little disturbance
scale and intensity that is consistent                                     to the environment as the
with the zone, and the character of                                        proposed use will not generate
the area in which it is located, and                                       excessive noise, odour, dust or
does not involve a motor sport                                             other waste. Negligible
facility.                                                                  vehicular traffic and noise will
                                                                           be generated from the site. The
                                                                           use presents a low scale
                                                                           activity that will not negatively
                                                                           impact upon the adjoining retail
                                                                           and commercial uses, or the
                                                                           residential uses surrounding the
                                                                           site.

PO3                                      No acceptable outcome             Complies
Recreation activities contribute to      provided                          The propose use is an
the recreation needs of the Noosa                                          alternative sport/health use for
Shire community.                                                           residents and visitors to the
                                                                           Noosa Heads locality.

PO4                                      AO4                        Not Applicable
The sale of food and drink               The sale of food and       No food or drinks will be sold in
associated with a recreation activity    drink and any associated the proposed pilates studio.
is small in scale and ancillary to the   dining facilities does not
recreation activity.                     exceed 10% of the total
                                         gross floor area.
PO9                                      No acceptable outcome             Complies
Recreation activities operate within     provided                          Studio Pilates Noosa will
a timeframe that avoids negative                                           provide timetabled small group
impacts on the amenity of the                                              and private Pilates classes 6
surrounding area and sensitive land                                        days a week. Classes will be
uses.                                                                      40-45 minutes in duration and
                                                                           the starting time of the classes
                                                                           have been staggered so that
                                                                           they do not coincide with the
                                                                           peak use of the other tenancies
                                                                           on site.




   Works Code

The proposal has been assessed against the codes within the Works Code. The proposed use is
consistent with the developed character of the locality and is sited on land that is suitable for a
pilates studio. Standard water, sewer, electricity and telecommunication connections have been
provided to the subject site. The site is accessed via existing pedestrian, cycle and vehicular
infrastructures which connect the site to the surrounding residential communities. The site is easily
accessible at all times.

All pilates classes will be held within the studio (Shop 3) and suitable day and night safety and
security measures are provided through means of signage and lighting.

The existing carparking infrastructure sufficiently meets the demands of the proposed pilates studio


RG Strategic                  Planning Report – MCU of Use to Establish a Pilates Studio                     23

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as demonstrated in Section 5.2 of this report. The proposed use is located within an existing
retail/shop tenancy (Hairhouse Warehouse). It is noted that the reception and storage areas of the
studio, 21m2 and 14m2 respectfully, do not contribute to actual carparking generation.



7.4 Planning Scheme Policies

An assessment of the Planning Scheme Policies has been undertaken. No policies are relevant to the
proposed Indoor Sport and Recreation use and therefore assessment is not required.




RG Strategic                 Planning Report – MCU of Use to Establish a Pilates Studio         24

Page 26

8. Conclusions

This report has been prepared by RG Strategic to accompany a Development Application made by
FGT PTY LTD (the applicant). The application seeks a Development Permit for a Material Change of
Use for an Indoor Sport and Recreation Fitness use at Shop 3, 24 Lanyana Way, Noosa Heads 4567
formally described as Lot 1 on RP129285.

This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020, and the proposed pilates studio can be supported
on a number of grounds, including:

          • The development complies with the intent of the Noosa Plan 2020,

          • The development is consistent with the overall outcomes for the Noosa Heads Local
               Plan and does not impact on the hierarchy of centres,

          • The site is well located in the Major Centre Zone and is well connected to the existing
               pedestrian, cycle and public transport routes,

          • It has been demonstrated that the proposed change in use from a Shop to an Indoor
               Sport and Recreation use does not require any further carparking infrastructure to be
               provided. The proposed use aligns with the previous prescribed rates and therefore no
               additional changes to the existing configuration are required,

          • The proposed pilates studio is located on a site that is appropriate for the use and is
               compatible with surrounding uses, and

          • No new buildings or alterations to the existing built form is proposed on site



For the reasons above it is recommended that this application for Development Permit for a Material
Change of Use for a Pilates Studio (Indoor Sport and Recreation) at Shop 3, 24 Lanyana Way,
Noosa Heads be approved subject to reasonable and relevant conditions.




RG Strategic                    Planning Report – MCU of Use to Establish a Pilates Studio        25

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