Council Report MCU18 0162

MCU18/0162 – development application for Material change of use for entertainment and dining business type 2 - Recreation, amusement & fitness - (gym) at 4 project avenue, noosaville

Document information

Author	Development Planner, Billy Glover
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU18/0162

Attachments	1.	Carparking Plan

APPLICATION DETAILS
Applicant	Pivotal Perspective Pty Ltd
Proposal	Material Change of Use - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness
Properly Made Date	28 September 2018
Information Request Date	29 October 2018
Information Response Date	21 November 2018
Decision Due Date	19 February 2019
Number of Submissions	1

PROPERTY DETAILS
Property Address	4 Project Ave Noosaville Qld 4566
RP Description	Lot 31 RP 886551
Land Area	999.18m²
Existing Use of Land	Industrial

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazard (Acid Sulfate Soils)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 March 2019 regarding Application No. MCU18/0162 for a Development Permit for Material Change of Use - Entertainment & Dining Type 2 Recreation, amusement & fitness (Gym) situated at 4 Project Ave Noosaville Qld 4566 and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with 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
-	A	Carparking Plan	20.11.2018
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Operating Hours and Class Times
Classes must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
Classes between the hours 7am and 4pm (Monday to Friday) and 8am to 1pm (Saturday) must be limited to no more than 3 clients at any one time. Classes outside these hours must be limited to no more than 15 clients at any one time.
Carparking
During the hours of 7am and 4pm (Monday to Friday) and 8am to 1pm (Saturday) 3 carparking spaces must be maintained on the site for the gym use, for the life of the development. The gym use may use the balance of the available onsite carparking outside of these hours.
Advertising Signage
Any advertising sign or device must comply with Council’s policies on advertising.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
1.	Some sport and recreational uses are accepted in the Industry Zone given the potential impacts of sport and recreation uses; and
2.	The gym is of similar size and scale to other approved Entertainment & Dining Business’s (Type 2) within the Noosaville Industrial area.
C. 	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval for a Gym within an existing 115m2 tenancy (plus 13m2 mezzanine), located in the Industry Zone of the Noosaville Locality.
The applicant proposes the following:
The application seeks approval for a fitness gym within part of the existing industrial building at 4 Project Ave, Noosaville. The gym includes an area of 115m² to be used predominantly for small classes (maximum of 3 clients) between 8am and 4pm and group yoga / pilates sessions (maximum of 15 clients), which will operate before and after the industrial business hours (before 8am and after 4pm).
The gym is a resistance training gym with emphasis on human movement for health and longevity. The pro-movement approach is to create a balance of flexibility, endurance, strength and mobility through the body's own resistance. This style of operations does not have any excessive weights or machines with generally mat classes proposed for Yoga and Pilates. There will be 1 staff member onsite during class times and no loud music.
Locality and proposal plans are included below.

Figure 1 – Site Locality
Figure 2 – Site Plan
site details
Background
The history of the site and associated inconsistent uses is outlined below.
In April 2017, Council officers issued an advisory letter to the owners of the subject site in response to a complaint received that Captain Sip Sops (Barber Shop) and Thomas Surfboards (Surfboard Manufacturer) located then at the time on Eumundi-Noosa Road  were intending to relocate to the premises. The letter advised of the planning scheme requirements for the site.
In May 2017, a notice of engagement (for building works) was submitted to Council from a private building certifier.
At the end of August 2017, Council officers noticed that the premises was gutted and Council’s Building department issued an Enforcement Notice to the owner on 21 September 2017 as work had commenced without a building approval.
On 31 October 2017, a private building certifier lodged documents for a building approval.
On 9 February 2018, Council’s Planning department issued another advisory letter to the owner of the property in relation to the intended use of the site and the planning scheme requirements.
On 22 February 2018, Council issued a letter to Captain Sip Sops regarding the use of the site.
On 22 February 2018, the owner wrote to Council and indicated that Captain Sip Sops was moving from Eumundi Noosa Road and exempt under the moratorium from the Industrial Audit 2015. Council responded indicating that this was not part of the Industrial Audit Resolution and an approval was required for Captain Sip Sops (Barber Shop), Coffee Shop and Surf Clothing Shop to operate from the site.
On 6 March 2018, Council received correspondence from the owner’s lawyer and Council responded on 7 March 2018.
In March 2018, Council met with the owners to discuss the site and planning scheme requirements.
On 1 May 2018, Council received a further complaint from the previous complainant about the unlawful uses operating on site.
On 28 September 2018, Council received an application for a gym only. Following this and on the same day, Council’s Planning department issued a Show Cause Notice as the application was for a gym only and did not include the other inconsistent uses occurring on the site.
On 29 October 2018, Council issued an information request, seeking clarification of all uses proposed for the site; an amended application to reflect all of the proposed uses; and amended plans which accurately reflect the use area of all proposed uses on the site.
On 2 November 2018, Council received a separate application for an industrial business use and inconsistent retail business uses, comprising a Surfboard Manufacturer, Barber Shop, Coffee Shop and Surf Clothing Shop (MCU18/0178). The application is not properly made as owners consent has not been submitted.
Site Description
The subject site is known as 4 Project Avenue, Noosaville and described as Lot 31 RP886551. The site is located in the Industry Zone.
The relatively flat site contains a U-shaped building accessed off Project Avenue via a shared access easement over the subject and adjoining property. The site contains 8 existing carparking spaces. The applicant proposes to provide 4 x motor cycle/motor scooter spaces (1 car space credit) and an additional car space at the front of the site.
Surrounding Land Uses
Project Avenue is within the Noosaville Industry Zone located off Venture Drive. The site is surrounded predominantly by industrial uses.
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.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposal.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The subject site is located in the Industry Zone of the Noosaville Locality. The proposed use is identified as an inconsistent use within the zone and was required to follow an impact assessable application process.
Overall Outcome vv) ii of the Noosaville Locality Code seeks to protect the Noosaville industrial estate for industrial functions to the exclusion of incompatible uses, including residential, community and commercial uses, and most sport and recreation uses. Since the commencement of the Noosa Plan in 2006 gyms, ballet schools and the like have been approved in the Noosaville industrial area, given these uses are generally floor area consumptive and as such difficult to locate in the business centres. While this gym does not have a significant floor area it is reasonable to continue to support gyms in the industrial area given the number of other approvals issued until there is a change in policy and direction in the area. It is also noted the proposed use is operating on site in conjunction with an industrial use (surfboard manufacturer).
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Carparking
The existing floor area over the whole development is 435m2 which would have required 8.7 car spaces for industrial uses. Currently there are 8 spaces on site. The applicant proposes to provide 1 additional car space and 4 x motor cycle/motor scooter spaces on the site, bringing the total equivalent car parking to 10 spaces.
The Driveways and Carparking Code requires carparking for the proposed Entertainment and Dining Business Type 2 use at the following rate:
1 space per 20m2, or part thereof, of use area;
OR
1 space per 3 persons capable of being entertained at any one time, whichever is the greater.
The 320m2 industrial use area requires 6.4 car spaces, leaving 3.6 car spaces available for the proposed gym. The 128m2 use area of the proposed gym use (including mezzanine) requires 6.4 spaces to be provided on site, as per the above rate. This is considered excessive considering class sizes and operating hours are to be limited.
In this regard, the applicant proposes the following:
The start times of classes must be staggered, with each class having a 15 minute break between the conclusion of the class and beginning of the next;
Fitness classes limited to no more than 3 clients* at any one time between 8am and 4pm (Monday to Friday) and 8am to 1pm (Saturday); and
Fitness classes limited to no more than 15 clients* at any one time before 8am and after 4pm - Monday to Friday, and before 8am and after 1pm - Saturday, and any time Sunday.
*Not including staff of the affiliated industrial businesses using the training facility.
A maximum of 3 clients on site during typical day time hours is considered reasonable as the site provides 3.6 car spaces for the proposed use. However, industrial businesses usually commence daily operations before 8am weekdays and as such it is recommended the proposed maximum class size operating time of 8am be amended to 7am Monday to Friday. This start time is consistent with other similar approvals within the area. A maximum of 15 clients outside of typical industrial business hours is considered reasonable, as onsite and on street carparking will generally be in low demand and available for use.
In relation to carparking, the applicant’s proposed conditions are recommended to be amended to read as follows:
Operating Hours and Class Times
Classes must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
Classes between the hours 7am and 4pm (Monday to Friday) and 8am to 1pm (Saturday) must be limited to no more than 3 clients at any one time between. Classes outside these hours must be limited to no more than 15 clients at any one time.
Draft Planning Scheme
The Draft Planning Scheme identifies an area within the Industry Zone specifically for these uses, referred to as the Venture Drive Enterprise Precinct. The subject site is located within this precinct and Indoor Sport and Recreation uses are identified as code assessable, if within an existing building and not involving any expansion of building or use area. Indoor Sport and Recreation uses are otherwise inconsistent in the industrial area where located outside the Venture Drive Enterprise Precinct.
cONSULTATION
Other Referrals
Nil.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. 1 properly made submission was received. The following table provides a summary and assessment of the issues raised.
Matters Raised	Comments
1 submission (neutral) was made stating no objection for the proposed gym providing the gym is carried out in accordance with the Council conditioned class limits and parking requirements. The submitter objects to any other inconsistent use that attempts to operate on the site in the future under the subject approval.	Conditions are recommended with regard to maximum class numbers and operating times to ensure likely parking demands are met. An application has been lodged with Council seeking a separate approval for the site’s other existing inconsistent uses.
conclusion & REASONS FOR DECISION
The nature and function of the proposed business use is suitable for the subject site and location. Whilst Entertainment and Dining Business Type 2 Recreation, amusement & fitness is an inconsistent use in the Industry Zone, The Noosa Plan does recognise that some entertainment uses will locate in the industrial area. The use has been operating on the subject site without approval for over 6 months and no complaints have been made to Council regarding the subject business use (Gym). The site provides 3.6 car spaces for the proposed gym use and a further 6.4 spaces are available on site outside the typical industrial business hours. Therefore it is recommended the gym operates with a maximum of 3 clients between the hours of 7am and 4pm (Monday to Friday) and 8am to 1pm (Saturday), with a maximum of 15 clients outside of these hours.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 MARCH 2019

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