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Minor Change - Planning Report
Town Planning Report Request for a Minor Change to the Conditions specified within approval - 19040DA Shop 2B / 7-9 Gibson Road, NOOSAVILLE 4566 QLD Part Lot 2 on SP127822 EFM Health Clubs Noosaville
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Page 2
Table of Contents
Important Note 2
1. Summary 3
2. Background 4
2.1 Engagement with Council Officers 4
3. Development Intent – Proposed Change 5
4. Planning Assessment 6
4.1 Development Codes 6
4.2 Minor Change 8
5. Conclusions 10
List o f Fig ure s
Figure 1 - Subject tenancy in .................................................................................................................................. 3
Figure 2 – Small Personalised Classes .................................................................................................................. 5
Figure 3 – Small Personalised Classes .................................................................................................................. 7
Figure 4 – Fitness Centre – Not Cross Fit ............................................................................................................. 9
List o f Ta b le s
Table 1 - Substantially Different Development Guideline ............................................................................... 8
RG Strategic Planning Report – Minor Change Application 1
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of EFM Health Clubs Noosaville (“Client”) for the
specific purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
arising out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions, or subject matter
contained in this report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
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1. Summary
RG Strategic has prepared this development application on behalf of EFM Health Clubs Noosaville
The purpose of this report is to seek approval for a Minor Change to approval 19040DA. The subject
site is located at Tenancy 2B / 7-9 Gibson Road, Noosaville and is formally described as Lot 2 on
SP127822 (a portion of).
Lot 2 on SP127822 being the upper level of Building A (above Gibsons/Harvey Norman) has an
approval for Indoor entertainment/martial arts and this application seeks a 140m² portion of that
Lot to be used for Indoor Entertainment / Fitness centre.
The balance of the Lot is not part of this application and will remain as approved.
The proposed Minor Change to include Indoor Entertainment / Fitness centre consists of:
• Small group (10 persons) training sessions using typical gym type training equipment.
• High level functional fitness programs – No cross fit, loud music or noise.
• Personalised fitness coaches.
• Opening hours:
o 5am – 9pm 7 days per week,
o most classes between 6am – 9am and 4pm – 7pm.
The Floor plan is provided below as Figure 1.
Figure 1 – Proposed Layout
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This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality.
Council’s approval of the application is therefore sought, subject to relevant and reasonable
conditions.
2. Background
On 14 October 1998 Council approved a Development approval for a Material Change of use for a
showroom and professional offices. Prior to this the site was subject to a Plan of development which
permitted indoor entertainment uses and consequently the following use was approved.
On 16 March 2000 Council approved a Material change of use for Indoor Entertainment / Martial
arts, being the former area of the professional offices on the upper floor. This application seeks to
change a portion of the approved floor area of this approval to a fitness centre. The balance portion
remains as approved.
2.1 Engagement with Council Officers
RG Strategic has previously engaged with Noosa Council in regard to the proposed redesign of the
site.
Informal discussions with Council Officers (Planning Coordinator Nadine Gorton) have focused on,
• Existing approval,
• Proposed use, and
• Car parking requirements at time of approval and Car parking requirements under the
Noosa Plan 2020.
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3. Development Intent – Proposed Change
The applicant is proposing a Minor Change to the approval to incorporate a 140m² fitness centre in
tenancy 2B / 7 - 9 Gibson Road, Noosaville.
The proposed Indoor Entertainment / Fitness centre will consist of:
• Small group (10 persons) training sessions using typical gym training equipment.
• High level functional fitness programs – No cross fit, loud music or loud noise.
• Personalised fitness coaches.
• Opening hours:
o 5am – 9pm 7 days per week,
o most classes between 6am – 9am and 4pm – 7pm.
The proposed changes are reflected in the Proposed Plans prepared by RG Strategic and are
enclosed within Appendix A.
Figure 2 – Small Personalised Classes
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4. Planning Assessment
The proposed Minor Change can be supported on a number of grounds as detailed below:
• No material increase in the use of the tenancy;
• It is only a change to the type of indoor entertainment activity, not a change to the use or
external built form;
• Car parking fully complies with relevant Acceptable outcomes n the Driveways and
Carparking Code and Table 9.4.1.4;
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1 of the Planning Act 2016,
• The proposal is consistent with the outcomes sought by the Noosa Plan 2020, and
• The proposal is consistent within the intent of the Decision Notice (132004.5128.03).
4.1 Development Codes
The development codes applicable to the proposed Minor Change are:
• Noosaville Locality Code,
• District Centre Zone Code, and
• Recreation Activities Code.
A review of the development codes has been undertaken with the Minor Change complying with the
intent of the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the
abovementioned codes. More specifically, a review of the carparking, noise and hours of operation
has been assessed below.
4.1.1 Car parking
The original approval required 1 space per 20m² of use area for a professional office. The Indoor
Entertainment/martial arts use attracted the same rate of 1 space per 20m² under the superseded
planning scheme. The proposed fitness centre is the same Entertainment use and is not increasing
the use area and therefore no impact on car parking will result. Noting the busiest period for the
proposed fitness club is prior to and after the typical retail hours of 9am – 5.30pm.
Furthermore, the current Noosa Plan 2020 car parking rate for the equivalent use of ‘Indoor sport
and recreation’ is the same at 1 space per 20m² of gross floor area resulting in no net increase in
parking generation under this scheme.
4.1.2 Noise
The key operation is small group (no greater than 10 people) classes, personalised with a fitness
coach. The classes do not use amplified blaring music or cross fit activities which may have external
amenity impacts. The operation utilises some gym equipment for the classes. While some indoor
fitness activities use loud music, the proposal niche market is personalised service in a low key, no
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mirrors, no heroic atmosphere with no external noise emissions. 4.1.3 Hours of operations Performance outcome PO10 of the Recreation Activities Code is specific for hours of operation but does not specify operating hours but seeks to avoid negative impacts to surrounding land uses. PO10 is provided below for reference. Hours of Operation PO9 Recreation activities operate within a timeframe that avoids negative impacts on the amenity of the surrounding area and sensitive land uses. As discussed above, the proposed fitness centre is based on personalised service and small classes without loud blaring music or cross fit ‘yelling’ impacts. While the applicant is happy to accept reasonable conditions relating to requiring a noise assessment if any valid complaints arise but deems it unnecessary to provide an expensive noise report for this type of operation as part of the application process. The applicant is confident that no noise complaints will arise. In terms of clients arriving and departing the site in the early morning, there is good separation between the customer carparking onsite and the neighbouring residential uses. Figure 3 – Small Personalised Classes RG Strategic Planning Report – Minor Change Application 7
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4.2 Minor Change
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made
when the change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency, in assessing the application under section 55(2), to assess the
application against, or have regard to, a matter, other than a matter the referral
agency must have assessed the application against, or had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development
application.
In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:
Table 1 - Substantially Different Development Guideline
‘Substantially different’
Comment
development
Involves a new use The Indoor entertainment use remains unchanged, only a
different type of that use is proposed from martial arts to
fitness centre.
Results in the application applying No new land is applied over as part of this change
to a new parcel of land
application.
Dramatically changes the built No change to the external built is proposed
form in terms of scale, bulk, and
appearance
Changes the ability of the proposal The fitness centre does not alter the use as intended.
to operate as intended
Removes a component that is The proposed minor change will not alter the operation
integral to the operation of the
of the development.
development
Significantly impacts on traffic flow No impacts will be as a result of the proposed Minor
and the transport network, such as
Change application. There is no change to the traffic
increasing traffic to the site
generation as a result of the proposal.
Introduces new impacts or increases No new impacts are proposed.
the severity of known impacts
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‘Substantially different’
Comment
development
Removes an incentive or offset The change represents an inconsequential change to the
component that would have
natural of the use of the Indoor entertainment. No
balanced a negative impact of the
development incentive or offset component will be impacted as a
result of the proposed Minor Change.
Impacts on infrastructure provisions The proposed Minor Change will not impact upon any
infrastructure network.
Figure 4 – Fitness Centre – Not Cross Fit
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5. Conclusions
As demonstrated in the above Table 1, the proposed change complies with the definition of a Minor
Change and is consistent with the intent of the original approval for Indoor entertainment.
This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020. The proposal is minor in nature which:
• Complies with the superseded planning and the Noosa Plan 2020 car parking
provisions,
• Is not a noise generating use and therefore no external impacts will occur to
neighbouring land uses, and
• Patrons can enter and leave the premises without impacting on surrounding land uses,
given the good separation distance and limited number of vehicles that will utilise the
car parking area.
Approval of the proposed Minor Change is recommended.
We look forward to Council processing the application at its earliest convenience. Should you
require any additional information or have any queries please to not hesitate to contact us.
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