Delegated Assessment Report MCU16/0137

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU16/0137
	
Author:	Lisa Pienaar
	
Project Director:	Lisa Pienaar
	

APPLICATION DETAILS
Applicant:	Gelherult No 2 Pty Ltd
Proposal:	Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Fitness Centre)
Properly Made Date:	07/11/2016
Information Request Date:	19 December 2016
Info Response Received Date:	2 March 2017
Date of Site Visit:	23 May 2017
Decision Due Date:	6 June 2017 (extended from 8 May)
Number of Submissions:	1

PROPERTY DETAILS
Property Address:	Noosa Home 5/8 Selkirk Dr NOOSAVILLE  QLD  4566
RP Description:	Lot 5 SP 188669
Land Area (tenancy5):	670 Square Metres
Existing Use of Land :	Vacant tenancy in a complex of 14 industrial tenancies

STATUTORY DETAILS
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Area / Locality:	Noosaville
Planning Precinct / Zone:	Industry
Assessment Type:	Impact

PROPOSAL:

The application seeks approval for a Development Permit for a Material Change of Use for Entertainment and Dining Business Type 2 (Fitness Centre).  The application seeks approval for a 719m² Fitness Centre within an existing industrial building over 2 levels. No building work is required to accommodate the use.

The applicant seeks approval for a Fitness Centre that operates 24 hours a day, Monday to Sunday.  Classes and staffed for classes Monday to Fridays and 4pm – 7pm and Saturday 7am – 12pm.  A crèche for members will be available for up to 12 children between 9am – 12pm for 2 sessions, Monday to Friday.  Classes are capped at 20 per class.

Up to 13 staff will be employed which includes 2 permanent staff, 2 sales staff, 2 creche attendants and 5 group fitness instructors.

SITE DETAILS:
Background / Site History
The existing development was approved via Development Approval 132005.180 for a Material Change of Use for Vehicle Sales Premises, Warehouse and Light Industry (being uses defined under the now Superseded Planning Scheme for the Shire of Noosa).

This tenancy was previously occupied by an interior design company (Blink Living). A pre-lodgement meeting was held regarding the proposed use in 2014 with regard to utilising this tenancy for Type 1 Warehouse, Wellbeing – Type 2 Social and Type 1 office.  The proposal did not proceed.
Site Description
The site has a building housing 14 industrial tenancies, with 94 parking spaces.  The tenancy has frontage to Walter Hay Drive with access from Selkirk Drive. Refer to Figure 1 – frontage and Figure 1a – No 5/8 Selkirk Drive. There are various tenancies within this complex (name being Noosa Home) which include uses such as a pool shop, furniture and electrical warehouse, printing and wedding planning company, auto parts and camp equipment warehouse. Refer to Figure 2 for the layout of the gym over the 2 levels.

Figure 1 – frontage

Figure 1a - No 5/8 Selkirk Drive.

Figure 2 – Proposal plans – ground and messanine levels
Overlay Provisions
One planning scheme overlay is applicable to this application, being Natural Hazard Overlay – Acid Sulphate Soils. The application is for a use within an existing building and therefore the Overlay provisions are not triggered.

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,

The site is located within the Urban Footprint of the South East Queensland Regional Plan. The proposal is for an urban activityNote: a subdivision OR an urban use within the Urban Footprint.  The proposed development is consistent with the regional land use intent, regional policies and desired regional outcomes for the Urban Footprint.

Statutory Instruments – Planning Scheme

The applicable planning scheme for the application is The Noosa Plan (28 October 2016).  The following sections relate to the provisions of the Planning Scheme.

Local Area Provisions
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed use, Entertainment and Dining Business Type 2 – Recreation, Amusement and fitness is an inconsistent use in the zone and is required to follow an impact assessable application process.

The assessment is subject to a “whole-of-planning-scheme” assessment; with the following codes identified as the most applicable;
Noosaville Locality Code;
Business Uses Code;
Driveways and Car parking Code

The Overall Outcomes of the Industry Zone seek that land in this zone is protected for industrial functions… to the exclusion of incompatible uses including Residential Uses, Community Uses, Commercial business and most sport and recreation uses and Retail business uses.

The proposed use is identified as a Business Use – Entertainment & Dining Business - Type 2 Recreation Amusement & Fitness (Fitness Centre). This use is not specifically identified within the Overall Outcome as being excluded from within the zone.

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Business Use in an industry zone
The proposal seeks to occupy an industrial unit within an existing complex and therefore the provisions of the code have been addressed.

In regard to the issue of noise, the proposed fitness centre is within an existing industrial unit in an Industrial zoned area. Other industrial businesses which are self-assessable have higher noise components to that proposed. The use of the site for a Fitness Centre is not expected to generate noise above those levels associated with an industrial use.  Conditions will also address potential noise impacts.

An acoustic report was submitted in response to the information request. The Desk Top Environmental Noise Impact Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report No. R17015, prepared by David Moore and Associates Pty Ltd dated 1 March 2017. The report was assessment by the Environmental Health Branch and conditions recommended.  The report will be referenced by a condition and conditions will be placed on the approval to ensure there is no noise impacts on nearby properties.

A general condition is also required regarding advertising signage.

Carparking

Car parking for the Entertainment & Dining Use is required at a rate of 1 space per 20m2 or 1 space per 3 persons being entertained. Probable Solution S7.1 requires the Fitness Centre to provide a total of 33 carparking bays for the proposed floor area or 7 bays (based on max class size of 20), whichever is the greater.  Based on the traffic report (prepared by TTM Consulting and dated 14 September 2016 and 12 January 2017) and Council’s peer review consultant derived that parking demands associated with the Fitness Centre are more likely to be in line with 1.5 persons per car (as tested in the TTM report).  The consultant suggested that there would be sufficient car parking provided:
Fitness classes are limited in size to no more than 20 persons
The number of overlapping group fitness classes between the hours of 8am and 4pm on weekday is limited to 2. Note: TTM suggested this and additionally that there be no more than 3 overlapping classes between 5.30pm and 6.30am.
Overlapping classes are classes that either directly overlap in time, or where there is less than half an hour between the conclusion of one class and the start of another.

The dot points above will take the form of conditions for the approval.

There are 94 car spaces onsite.  The TTM Consulting report determined there is adequate parking supply to accommodate the fitness centre.  Council’s consultant reviewed this report and determined that based on ‘the 1.5 person per car scenario, and the number of overlapping group fitness classes restricted during the busier existing parking demand times for the existing development, there would still be spare parking capacity of 24 cars at the busiest time of day, which would allow headroom for a reasonable level of increase in the level of parking activity associated with the existing site uses’.

To help address car parking at peak periods, there are conditions recommended to prevent classes overlapping so that there are sufficient spaces available at any one time. There are generally limited classes between 12pm and 5pm, with peak periods before 7am and from 5pm, when parking demands for parking uses are less.

A condition restricting class sizes to not exceed 20 persons at any one time will equate a rate of 1 space per 3 persons (including students and teachers), thus meeting the Code requirements and will ensure sufficient parking at peak periods specifically at drop off and pick up.

The site provides sufficient carparking on-site to accommodate class numbers up to 20 persons and is unlikely to cause any parking conflicts on the site. Therefore the proposed fitness centre meets Specific Outcome O7 of the Code, with conditions required to limit the class sizes to a maximum of 20.

Overlay Provisions
The application is for a Use within an existing building with only minor internal partitions required and therefore the Overlay provisions are not triggered.

CONSULTATION:

IDAS Referral Agencies

The application was not referred to any IDAS referral agencies.
Other Referrals
The application was forwarded to the following internal council specialists:

Development Engineer, Engineering and Environment Assessment Branch
Environment Officer, Engineering and Environment Assessment Branch
Traffic Engineering (Consultant)

Their assessment forms part of this report.

Public Notification

The application was publicly notified for 15 days in accordance with the requirements of the Sustainable Planning Act 2009.  1 properly made submission was received.  The public notification ran from Friday 10 March to Friday 31st of March 2017.

The following table provides a summary and assessment of the issues raised by submitters.

Issues	Comments
The submitter is concerned there may be noise levels that will impact on the retirement village located at 35 Walter Hay Drive Noosaville.	The retirement village is located opposite the proposed Fitness Centre on the opposite side of Walter Hay Drive. The Fitness Centre will be air conditioned, with no need to have open windows/doors.  The use will be conditioned to ensure that windows/doors cannot be opened on the Walter Hay Drive side and that there is no amplified music/voices between 7pm and 7am.

CONCLUSION:

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.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU16/0137 for a Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Fitness Centre) situated at Noosa Home 5/8 Selkirk Dr NOOSAVILLE  QLD  4566 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU16/0137

1.	APPLICATION DETAILS

Application No:	MCU16/0137
Street Address:	Noosa Home 5/8 Selkirk Dr NOOSAVILLE  QLD  4566
Real Property Description:	Lot 5 SP 188669
Planning Scheme:	The Noosa Plan (28 October 2016)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Fitness Centre)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.

Plan No.	Rev.	Plan Name	Date
Job No. 2016/61	A	Proposed Ground Floor Plan, drawn by Architectural Solutions – Building Design	2 October 2016
Job No. 2016/61	A	Proposed Mezzanine Floor Plan, drawn by Architectural Solutions – Building Design	2 October 2016

Nature and Extent of Approved Use
Approval is for a Fitness Centre in tenancy No. 5 in the Noosa Home complex with a total gross floor area of 670m2.
The Fitness Centre class size must not exceed a maximum of 20 persons at any one time.
The Fitness Centre may operate 24 hours a day, Monday to Sunday.
The number of overlapping fitness classes between the hours of 8am and 4pm on weekdays is limited to 2 and there be no more than 3 overlapping classes between 5.30pm and 6.30am on weekdays. Overlapping classes are classes that either directly overlap in time, or where there is less than half an hour between the conclusion of one class and the start of another.

Acoustics
The use must be in accordance with The ‘Desk Top Environmental Noise Impact Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report No. R17015, prepared by David Moore and Associates Pty Ltd dated 1 March 2017; unless varied by the following:
Ensure all windows and doors facing Walter Hay Drive cannot be opened
There is to be no amplified music or voices between the hours of 7pm and 7am
Advertising Signage
Any advertising sign or device must comply with Council's policies on advertising.

5.	REFERRAL AGENCIES

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

PLANNING

Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Audit & Response Unit to arrange a Development Compliance Inspection.

Nature and Extent of Approved Development
The applicant is advised that this development approval comprises of a Material Change of Use for an Entertainment & Dining Business Type 2 (Fitness Centre).

Infrastructure Charges
This Development Permit will trigger an “Adopted Infrastructure Charge Notice” (if applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
Note: Include the following for all applications and make sure they are numbered appropriately

Equitable Access and Facilities
The plans for any proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth); and
Anti-Discrimination Act 1991 (Queensland).
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
the building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2;
applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia; and
any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

12.	SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Advertising Devices Code

13.	SUBMISSIONS

There was 1 properly made submission about the application.  In accordance with Sustainable Planning Act 2009, the name and address of the principal submitter for each properly made submission is provided and attached.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

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DELEGATED AUTHORITY REPORT

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