Council Report MCU17/0550

MCU17/0550 – development application for material change of use for entertainment and dining business type 2 – recreation, amusement & fitness – (indoor swim school) at unit 7/5 commerce court, noosaville

Document information

Author	Assistant Development Planner, Billy Glover
Environment and Sustainable Development

Index	ECM/ Application/ MCU17/0550

Attachments	Nil

APPLICATION DETAILS
Applicant	JUMP Swim Schools
Proposal	Material Change of Use - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Indoor Swim School)
Properly Made Date	20 November 2017
Information Request Date	13 December 2017
Information Response Date	3 January 2018
Decision Due Date	27 March 2018
Number of Submissions	3

PROPERTY DETAILS
Property Address	Unit 7/5 Commerce Court NOOSAVILLE
RP Description	Lot 3 RP 230888
Land Area	3,821 Square Metres
Existing Use of Land	Industrial Complex (1 of 10 Warehouse Tenancies)

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 Assistant Development Planner to the Planning & Environment Committee Meeting dated 6 March 2018 regarding Application No. MCU17/0550 for a Development Permit for Material Change of Use (Indoor Swim School) situated at 5 Commerce Ct, Noosaville and 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 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
00/01	2	Site Plan, drawn by Natalia Macedo As amended and annotated by Council	03.01.18
00/02	1	Proposed Fitout Plan, drawn by Natalia Macedo	01.11.17
Operating Hours
The approved use must not operate outside the hours of 7:00am to 8:00pm Monday to Sunday.
Maximum Students and Staff
The maximum number of students per class must not exceed 3, with the maximum number of classes operating at any one time not exceeding 2.
The total number of employees on the site at any one time must not exceed 2.
Class Operation Times
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.
Carparking
A compliant carparking space is to be provided in front of the roller door of the subject tenancy with:
Line marking in accordance with engineering standards AS/NZS 2890.1:2004; and
A vehicle wheel stop; and
2 x bollards in front of the roller door.
A minimum of five carparking spaces are to be provided and maintained for the use on site for the life of the development.
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the area by reason of the creation of excessive noise, lighting nuisance or other emissions.
Advertising Signage
Any advertising sign or device must comply with Council's policies on advertising.

REPORT
PROPOSAL
The proposal seeks approval for an Entertainment and Dining Business – Type 2 Recreation, Amusement & Fitness (Indoor Swim School) located in an existing vacant industrial tenancy in the Industry Zone of the Noosaville Locality.
The applicant submits that:
The proposed development includes an internal fit-out of a swim school, including a pool, which will operate as a boutique swim training experience for children. The swim school will be designed to accommodate smaller, private classes to ensure that children have individual attention to enhance the learn-to-swim experience and focussed tuition to ensure they achieve the learning outcomes.
The applicant originally proposed:
Trading Hours from 8:00am to 7:00pm Monday to Sunday;
30 minute lessons which run consecutively between 8:00am to 6:30pm;
Staggering of class start times of a minimum 15 minutes;
Maximum class sizes of 4 children per instructor (maximum of 8 students on-site at any point in time); and
Maximum of 3 staff on-site consisting of Manager and additional swimming instructors.
The internal fit-out of the proposed swim school will consist of the following items (refer to figure 2):
The use will encompass a boutique above-ground pool for customers to book in advance;
Stairs and timber decking surrounding the pool to provide safe access to and from the pool;
Toilet facilities and change rooms;
Reception foyer area at the front of the site.
Allocated on-site car parking (4 car spaces + 1 additional space to be provided in front of the tenancy roller door) will be relied upon both staff and customer parking located within the site.
The applicant submits the tenancy is to include an office, which provides office functionality for the swim school business only.
During the course of the application, the applicant agreed to modify the student and staff numbers to better meet on site carparking requirements in accordance with the following:
Trading Hours from 7:00am to 8:00pm Monday to Sunday;
Staggering of class start times of a minimum of 15 minutes;
Maximum of 2 classes of 3 students per class at any one time; and
Maximum of 2 staff at all times on-site.
Locality and proposal plans are included below.

Figure 1 – Locality plan

Figure 2 – Internal fit-out of proposed swim school

Figure 3 – Proposed site (Unit 7/5 Commerce Court, Noosaville)

Figure 4 – On site car parking (Amended and annotated)

site details
Background
The existing development was established on site circa 1991. At the time, the development was subject to a Building Approval (BA) only, as industrial development did not require a development approval under the planning scheme.
Site Description
The subject site is known as 5 Commerce Ct, Noosaville and described as Lot 3 RP230888. The site is located in the Industry Zone of the Noosaville Locality.
The relatively flat site contains an approved industrial complex comprising 10 industrial tenancies. Approximately 3 of the 10 tenancies are currently vacant on site. The existing tenanted units include a number of retail storage warehouses and a fitness studio.
The approved fitness studio has been established in a tenancy on the site since 2003 (23479 DA) and a change application was approved in 2011.
A single access driveway from Commerce Court services the 10 tenancies within the complex. There are 28 on-site car parks provided within the centre.
The 28 car parks are informally allocated between the 10 tenancies based on the floor area, generally at the rate of 1 car space per 50m2 of gross floor area.
Based on this rate the subject tenancy (unit 7) can be said to have 4 spaces allocated to the tenancy.
Surrounding Land Uses
Commerce Court is an industrial cul-de-sac located off Eenie Creek Service Road. The site is surrounded by existing Industrial uses to the north, south and western aspects of the site also within the industry zone. To the east is vacant land zoned Shire Business Centre.
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 2017 (SPP) and the SPP raises no further issues relevant to the proposal.
South East Queensland (SEQ) Regional Plan 2017
The subject industrial site is identified as Urban Footprint in the Regional Plan.
The proposed Indoor Swim School aligns with the intentions of the Urban Footprint. The Urban Footprint area incorporates the full range of urban uses including housing, industry, business, infrastructure, community facilities and other integral components of well-planned urban environments, such as local areas for sport and recreation and urban open space.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
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 function to the exclusion of incompatible uses, including residential, community and commercial uses, and most sport and recreation uses. The proposed use requires a significant floor space and is not generally suitable for business centres and therefore is considered a suitable use in the industrial area.
Land Use and Works Provisions
The application has been assessed against the applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Carparking
The proposed Entertainment and Dining Business Type 2 Recreation, Amusement & Fitness (Indoor Swim School) proposes a total of 5 spaces for the use (4 car spaces + 1 additional space to be provided in front of the tenancy roller door). The proposed space in front of the roller door is acceptable, given the roller door will not be used during operating hours (refer to figure 5).

Figure 5 – Tenancy roller door access to be converted to a carpark space
The Driveways and Carparking Code of The Noosa Plan requires carparking for the 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.
Based on the tenancy floor area of 190m2, 10 spaces would be required. This rate is considered excessive considering the proposed number of staff and students related to this use.
Based on the rate of 1 space per 3 persons capable of being entertained at any one time it is considered that the proposed car parking of 5 spaces is satisfactory for the proposed use provided class times are staggered, with a 15 minute break between classes.
Amenity
It is anticipated that noise from the children attending the site, the associated pool equipment (pump) and disturbance during the tenancy fit out (emissions) may cause some nuisance to the adjoining and surrounding tenancies of the complex. The application does not propose methods of mitigating noise levels or disturbance of the use and during the fit out of the tenancy. However, it is expected that some resulting level of noise associated with typical industrial business uses can be anticipated in the industry area. A condition has been included to ensure noise and other emissions generated by the development causes no detrimental effect upon the amenity of the area.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
Nil.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. The development proposal was publicly notified in the Noosa Today Newspaper on Thursday 11 January 2018 and on site from Thursday 12 January to Monday 5 February 2018. 3 properly made submissions were received. 2 submissions were made in objection and 1 submission was neutral to the development application. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
1 submission (object) was made with concern regarding noise emitted from the pool pump and dust during the construction phase of the pool and tenancy fit out.	It is likely that a level of noise and pollutants will be generated during the tenancy fit out for the use. However, a level of noise associated with industrial activities is typical for the industrial area. Conditions have been included to ensure a reasonable level of amenity is retained for the adjoining and surrounding uses of the area.
2 submissions (1 neutral/1 object) were made with concern regarding the expected increase in carparking demand throughout the duration of the classes proposed and onsite availability.	Student numbers have been reduced from that of which was originally proposed to ensure carparking availability on site is not compromised by the proposed use. The revised proposed numbers are considered to be provided with suitable on site carparking. Conditions have been included to ensure suitable functionality of the use on site with respect to carparking availability.
2 submissions (1 neutral/1 object) were made with concern regarding the safety of young children within the suggested busy carpark area of the subject site. It was submitted that children are often seen unsupervised in the carpark area.	It is considered that parents and the operators of the use will be aware of the safety of the children attending the site and would be required to manage the risks accordingly.

conclusion & REASONS FOR DECISION
The nature and function of the proposed business use is considered to be suitable for the proposed site and location. Whilst Entertainment and Dining Business Type 2 Recreation, Amusement & Fitness is an inconsistent use in the Industry Zone, the proposed use requires a significant floor area and is most appropriately located in the industrial area.
Sufficient carparking will be provided on site to meet the likely car parking demands of the swim school, providing class numbers are limited to no more than 3 students and classes are staggered, with a 15 minute break between classes.
Overall the proposed use is recommended for approval.

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	6 MARCH 2018

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