Delegated Report - Code - Planning MCU22 0170

Author	Planning Advisor and Acting Planning Coordinator Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0170
Applicant	KX Pilates
Proposal	Material Change of Use - Indoor sport and recreation
Properly Made Date	28 September 2022
Information Request Date	27 October 2022
Information Response Date	7 November 2022
Decision Due Date	12 December 2022
Report Completed Date	12 December 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	1/8 and 8 Venture Dr Noosaville Qld 4566
RP Description	Lot 0 BUP 105301, Lot 1 BUP 105301
Land Area	204.0000 m² 1251.0000 m²
Existing Use of Land	Vacant industrial tenancy (previously Inspirations Paint Noosaville)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Impact Industry Zone
Precinct	Venture Drive Enterprise Precinct
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soils Bushfire Hazard  - Potential Impact Buffer
Assessment Type	Code
PROPOSAL
The application seeks approval to operate Indoor Sport and Recreation (pilates) within an existing building at 1/8 Ventura Drive, Noosaville.  No changes are proposed to the building tenancy (206m2) apart from some minor internal reconfiguration with the pilates studio to comprise 46m2  of reception, 96m2 of pilates training area with 14 pilates reformer frames and 64m2 for amenities, storage and office area.  There is parking on site for 13 cars, a delivery space and 4 motorcycle/scooter spaces.
The proposed pilates studio is to operate the following hours with small group classes of up to 14 clients to be offered at one time with private sessions available to clients during the day when group classes are not in operation.
The proposed studio is to operate Monday to Friday 5:15am to 7:30pm and Saturday and Sunday 6am to 12pm.  Peak classes are before normal work hours between 5.30am to 8.30am and after work between 3pm and 6pm.  It is proposed to stagger classes with classes and private sessions being 50 minutes.
One staff member will be on site during open hours to assist with member enquiries and provide the programs.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

site details
Site Description
The tenancy is located at unit 1/8 Venture Drive, Noosaville and is located within the Venture Drive Precinct of the Noosaville Industrial estate, with access from Venture Drive and an access easement to the rear.
The site currently contains 2 industrial tenancies with First Batch Coffee Roaster located in unit 2, which operates generally 5.30am to 2.30pm Monday to Friday and Saturday 7am to 11.30am.

Surrounding Land Uses
The surrounding area is predominantly occupied by industrial uses though some tenancies in the area are being used for commercial and retail 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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Noosaville Local Plan Code
Medium Impact Industry Zone Code;
Recreation Activities Code;
Works Codes;
The subject site is located in Noosaville and is zoned Medium Impact Industry. The proposed use is identified as a consistent use within the zone being located in the Venture Drive Enterprise Precinct and is required to follow a code assessable application process.
The planning scheme includes the following requirements for the proposed use.
Noosaville Local Plan Code
Purpose and Overall Outcomes

Development in the Low impact industry zone and the Medium impact industry zone accommodates a broad range of industry and business uses, avoiding negative impacts on the amenity of nearby residential areas.
Activities in industry zones provide important services and products to the community and provide a range of employment types.

PO15 Development in the Low Impact Industry zone and the Medium Impact Industry zone:
provides a range of enterprises that contribute to the economic diversity of the Shire and local employment options;
provides important industries and service-related functions to the whole of Noosa Shire but particularly the coastal area;
offers a range and diversity of employment types;
does not accommodate uses better located in a centre zone
does not detract from the safe function or amenity of Eumundi Noosa Road, Walter Hay Drive or Eenie Creek Road; and
does not accommodate uses that would harm the environment, including Eenie Creek, Lake Doonella and Lake Weyba, through excessive pollutants.

Medium Impact Industry Zone Code
Purpose and Overall Outcomes
Venture Drive Enterprise Precinct
Development may accommodate some Theatre uses (filmmaking studio or music recording studio)  and Sport and Recreation uses where adverse off-site impacts are avoided and the use—
is compatible with surrounding industry uses; and
does not compromise the ongoing operation and viability of industry activities nearby and within the Medium Impact industry zone;
Offices are trade related only and do not compromise or compete with the Noosa Shire Centres Hierarchy.
PO36 Development is for industry and other small scale compatible uses to encourage opportunities for co-location including creative industries and small scale enterprise.
PO38 The Venture Drive Enterprise precinct accommodates medium impact industries, businesses and supporting ancillary and small complementary uses. For ancillary and complementary uses the gross floor area of any food and drink outlet, retail or administration component does not exceed a combined gross floor area of no more than 40% of the total gross floor area of the site with:
any ancillary retail sales or administration component having an individual gross floor area no greater than 30% of the total gross floor area of the site; and
any ancillary food and drink outlet component having an individual gross floor area no greater than 30% of the total gross floor area of the site or 60m2 whichever is the lesser; and
any complementary use has a gross floor area of no greater than 10% of the total gross floor area of the site or 30m2  whichever the lesser.
The proposed use is consistent with the intent of Venture Drive Enterprise precinct which is intended to support a broader range of uses than areas outside the precinct, including indoor sport and recreation uses that are compatible with and do not compromise the industrial activities operating nearby.  The proposed use is a low intensity use and will not result any adverse impacts for surrounding tenants or compromise their operations.
The proposal meets the acceptable parking rate for an indoor sport and recreation use which requires 10 parking spaces based on floor area of 206m2. Given the often high number of patrons on site, the applicant has further proposed that Council include the following conditions:
Class sizes must not exceed a maximum of 12 participants at any one time between the hours of 4am to 3pm Monday to Sunday.  Class sizes must not exceed a maximum of 17 participants at any one time during other times.

If the operating hours of unit 2 change from 5.30am to 2.30pm Monday to Friday and 7am to 11.30am Saturday to Sunday, the class size must not exceed a maximum of 12 participants, unless agreed to by Council in writing.
The applicant’s proposed conditions generally ensure that the existing car parking on site will be adequate for the proposed pilates studio though it is noted that there are only 14 reformer frames proposed rather than 17.
The proposed pilates studio is otherwise consistent with the applicable codes.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
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.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0170 for a Material Change of Use - Indoor sport and recreation situated at 1/8 Venture Dr Noosaville Qld 4566 and described as Lot 0 BUP 105301 and  Lot 1 BUP 105301, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0170
Street address:	1/8 Venture Dr Noosaville Qld 4566,
Real property description:	Lot 0 BUP 105301, Lot 1 BUP 105301
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Indoor sport and recreation (Pilates)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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 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
AO1	3	Site and Car Parking Plan	1 Nov 2022
AO2	1	Floor Plan	26 Sept 2022
Nature and Extent of Approved Use
The proposed studio must not operate outside the hours of Monday to Friday 5:15am to 7:30m and Saturday and Sunday 6am to 12pm.
Class sizes must not exceed a maximum of 12 participants at any one time between the hours of 4am to 3pm Monday to Sunday.  Class sizes must not exceed a maximum of 14 participants at any one time during other times.
If the operating hours of the site’s tenancy 2 change from 5.30am to 2.30pm Monday to Friday and 7am to 11.30am Saturday to Sunday, the class size must not exceed a maximum of 12 participants, unless agreed to by Council in writing.
A maximum of 1 staff member is permitted on site at any time while classes are operating.
Currency Period
This development approval lapses if the use has not happened by 12 December 2028, unless an application to extend the currency period is approved by Council.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.  Music must not be audible from outside the tenancy so as to cause a noise nuisance for surrounding businesses.
Car Parking
A minimum of 13 car parking spaces 1 delivery space and 4 motorcycle/scooter spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
Car: 13 Spaces
Motor/Scooter: 4 Spaces
Delivery/Service: 1 Space

Total Equivalent Car Parks: 1S Spaces

 


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Unit 1 Total Floor Area: 206m?
Approx. Studio Area: 96m?
Approx. Reception Area: 46m?

Approx. Amenities, Storage & Office Area: 64m?