MCU21.0193 - Reps to Council's Conditions

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


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                                                                        Noosa Heads         [email protected]
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