MCU21.0193 - Reps to Council's Conditions

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delegated report does not raise the issue relating to attendance on site.

Whilst class numbers at LiFT Strength and Conditioning are capped at 16 persons per class with up to 2 staff
in attendance, the Condition prevents other clients from using the Indoor Sport and Recreation Use before or
after their class (e.g., to use the toilet/shower amenities or stretching prior/after class etc.); or for the operator
to offer workshops, information nights, or to offer work experience placements for students.

The Condition unnecessary restricts the use of LiFT Strength and Conditioning particularly as sufficient car
parking is provided within the Noosa Junction Cinema Complex. There are approximately 256 car parking
spaces located behind the cinema in addition to the on-street parking available.

Furthermore, as provided to Council (LiFT’s Example Timetable) and typical of Indoor Sport and Recreational
uses, class times predominately run from early mornings and recommence in the afternoon. That is, classes
are generally run outside of the operating hours of other commercial businesses. Thus, LiFT Strength and
Conditioning will have no negative impact on other commercial tenancies and the restriction of people on
site is unnecessary.

Most importantly the use meets the performance outcome for carparking no matter what class size noting
the previous use could have up to 100 persons on site at any time.

The condition is onerous and not reasonable nor relevant.


Proposed Amendment to Condition 7

Delete Condition 7.




Condition 8

8. The Indoor Sport and Recreation use must comply with the following Acoustic Amenity Criteria where
measured from within any adjoining tenancy
         a. 7am to 10pm – noise levels must be no more than five decibels (A) above the background noise
         level
         b. 10pm to midnight – noise levels must no more than three decibels (A) above the background noise
         level
         c. Midnight to 7am – noise levels must no noise heard


Representations to Condition 8

Conditions 8b and 8c are not relevant to the hours of operation nominated in Condition 6 (5:00AM – 8:00PM).

Condition 8b is not relevant and should be deleted as this refers to time outside the permitted operating
hours.

It is unclear what restrictions are being enforced by Condition 8c. Nonetheless, Condition 8c is both irrelevant


                                                                        PO Box 1818         07 5474 3873
                                                                        Noosa Heads         [email protected]
                                                                        QLD 4567            rgstrategic.com.au

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and unreasonable. The permitted operating hours are from 5:00AM to 8:00PM. Between the hours of midnight
to 5:00AM, the condition is not relevant and should be deleted.

It is unreasonable to impose that no noise is heard from 5:00AM to 7:00AM* (*this is an assumption to the
intention of Condition 8c due to the topographical error*). The Decision Notice has approved the use within
an existing building located in the Major Centre Zone (Noosa Junction). The Major Centre Zone provides for a
large variety of uses and activities to service the Noosa Shire, and as such it is expected that noise will be
generated from these uses. It is unreasonable to Condition any use to not make any “noise” when the use is
located along a Primary Active Street and in the Noosa Junction Hospitality Precinct.

The nearest residential property is approximately 72 metres away behind the cinema building, car park, and
embankment on Bottlebrush Avenue. Consequently, there will be no impact on the residential amenity
associated with the operation of LiFT Strength and Conditioning.


Proposed Amendment to Condition 8

8. The Indoor Sport and Recreation use must comply with the following Acoustic Amenity Criteria where
measured from within any adjoining tenancy:

       a. 5am to 8pm – noise levels must be no more than ten decibels (A) above the background noise level


Condition 9

9. In addition to the Acoustic Amenity Criteria detailed in Condition 8, the recommendations of the Gym
Vibration Assessment prepared by Acousticworks dated 18 January 2022 must be implemented prior to the
commencement of the use and maintained whilst the use continues to operate from the premises,
recommendations are to be modified to include the following as a minimum:
       a. Walls must be sound proofed on all sides
       b. Doors must be acoustic
       c. Installation of rubber flooring with at least 22mm thickness
       d. The use gym equipment such must include bumper plates, coated dumbbells, kettlebells and
       installation of shock absorbing pads or decouplers to gym machines in order to separate them from
       the floor and prevent the transference of vibrations (in particular in free weights area).


Representations to Condition 9

Conditions 9a and 9d are both irrelevant and unreasonable. Condition 8 limits the operation of the Indoor
Sport and Recreation use by enforcing noise limitations. It is unreasonable to impose upon the applicant the
requirement to fit additional sound proofing to the premises and purchase specialist gym equipment if the
operator, through operational management and premises fit-out, can comply with Condition 8.

The requirements of Conditions 9a and 9d are unnecessary and are an unreasonable burden on the
applicant.




                                                                    PO Box 1818         07 5474 3873
                                                                    Noosa Heads         [email protected]
                                                                    QLD 4567            rgstrategic.com.au

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Proposed Amendment to Condition 9

9. In addition to the Acoustic Amenity Criteria detailed in Condition 8, the recommendations of the Gym
Vibration Assessment prepared by Acousticworks dated 18 January 2022 must be implemented prior to the
commencement of the use and maintained whilst the use continues to operate from the premises,
recommendations are to be modified to include the following as a minimum:
       a. Doors must be acoustic, and
       b. Installation of rubber flooring with at least 22mm thickness.



Thank you for your consideration of the above Change Representations to the Conditions within Decision
Notice MCU21/0193 issued to the applicant on 4th February 2022.

Should you require any additional information or have any queries please to not hesitate to contact us.



Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic




                                                                    PO Box 1818      07 5474 3873
                                                                    Noosa Heads      [email protected]
                                                                    QLD 4567         rgstrategic.com.au

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