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Representations to Conditions - Bare Bones Movement Pilates - Shop 1, 2 Lanyana Way, Noosa Heads 15.11.2018 · MCU18/0142

Attached to the e-mail Representations to Conditions - MCU18/0142 - 1/2 Lanyana Way, Noosa Heads.

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Our Ref: Bare Bones Movement Pilates
Your Ref: MCU18/0142

15th November 2018


The Chief Executive Officer
Noosa Council
PO Box 141
Tewantin QLD 4565
Via email: [email protected]


Attention: Mr Billy Glover

Dear Billy,

Re: Representations to Conditions of Decision Notice MCU18/012 issued to applicant on 24th October
2018 - Development Permit for Material Change of Use - Entertainment & Dining Business Type 2
Recreation, Amusement & Fitness (Pilates Studio) situated at Shop 1, 2 Lanyana Way, Noosa Heads QLD
4567 described as Lot 12 on RP 129285.

Further to our letter of the 1st November 2018 notifying Council that the applicant wishes to suspend the
appeal period, we on behalf of the applicant provide the following representations on the conditions of
the development approval dated 24th October 2018 (Appendix A). Our client makes the following
representations essentially to permit the flexible use of the Pilates studio.

Our representations relate to Conditions 6 and 7.


Conditions 6 and 7 of the approval states:

        Maximum Clients and Staff
        6. The maximum number of clients per class must not exceed 11.
        7. The total number of employees on the site at any one time must not exceed 2.


Representations
The applicant seeks to increase the maximum number of persons (clients and staff) on site at any one time.

Table 14-51 within the Driveways and Carparking Code prescribes the minimum vehicle parking
requirements for a Type 2 Recreation, Amusement & Fitness use. The prescribed minimum carparking
requirements are detailed in Table 1 in relation to the proposed Use Area. As per discussions with Council
staff, the prescribed carparking requirements for the proposed Pilates studio is to be offset by the existing
carparking infrastructure provided for the approved Retail Business Type 2 Shop and Salon.
Full text of the other 2 pages

Page 2

Table 1: Carparking Requirements
      Use          Code Requirement               Planning Scheme Criteria            Carparking Requirement
                                           1 space per 20m2, or part thereof, of
                                           use area for areas up to 100m2
                                           (excluding outdoor dining area);
  Approved       Retail Business Type 2
                                           AND                                       6.33 spaces (staff report)
    Use          Shop and Salon
                                           1 space per 15m2 or part thereof of
                                           use area for areas in excess of 100m2
                                           (excluding outdoor dining area);
                                           1 space per 20m2, or part thereof, of
             Entertainment and             use area;
                                                                                     118m2 Use Area = 5.9
             dining business— Type         OR
Proposed Use                                                                         carparking spaces
             2 Recreation,                 1 space per 3 persons capable of being
                                                                                     required.
             amusement & fitness           entertained at any one time,
                                           whichever is the greater.

At present 6.33 car parking spaces are provided as of right, as detailed with the Council Officer’s delegated
report. Therefore, using the prescribed car parking requirements, the Noosa Plan permits 18 persons
“capable of being entertained at any one time” on site.

Table 1 demonstrates that the proposed use does not generate additional carparking and sufficient
carparking infrastructure is provided to service the proposed Pilates studio (Entertainment and Dining
Business- Type 2 Recreation, Amusement & Fitness).

Council’s Condition of a maximum client and staff number of 13 (combined) presents a restriction on the
operational capacity of the Pilates Studio as it evolves and establishes itself and its product within the
marketplace.

As provided in the application material it was recognised the locality and provision of public transport, on
street car parking available and bicycle parking. Operationally a 15 min break is proposed and conditioned
between each class to ensure a reduction in any potential impact. The as of right carparking complies with
both the Code requirements for GFA calculation of number of persons on site to a maximum of 18 persons.

An amendment to the Conditions provides the applicant with flexibility in relation to the types of classes
available, and permits opportunities for additional staff to be trained within classes in the future.


Proposed Conditions
We recommend that Condition 7 be deleted from the Decision Notice as it can be addressed within
Condition 6.

We propose that Condition 6 be amended to read;

        Maximum Clients and Staff
        6. The maximum number of clients and staff per class must not exceed 18.
        7. The total number of employees on the site at any one time must not exceed 2.

Page 3

Thank you for your consideration of the representation to Conditions and supporting material for
Representations to Conditions of Decision Notice MCU18/0142 issued to applicant on 24th October 2018
- Development Permit for Material Change of Use - Entertainment & Dining Business Type 2 Recreation,
Amusement & Fitness (Pilates Studio) situated at Shop 1, 2 Lanyana Way, Noosa Heads QLD 4567
described as Lot 12 on RP 129285.

If you require further information or clarity on information provided, please do not hesitate to contact me.


Kind Regards,




Russell Green APIA
Managing Director
RG Strategic

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