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Planning report Stockwell - Pilates

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         Development Application
             Planning Report


Material Change of Use for Indoor Sport & Recreation
                   (Pilates Studio)
     situated at 28 Eenie Creek Rd, Noosaville
                    (3SP246584)




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Contents
1.0      Summary ........................................................................................................................... 3
  1.1       Development application details ................................................................................................3
  1.2       Planning instrument details .......................................................................................................3
  1.3       Referral agencies........................................................................................................................3
2.0      Site details ......................................................................................................................... 4
  2.1       Site description ..........................................................................................................................4
  2.2       Surrounding land uses ................................................................................................................6
  2.3       Background ................................................................................................................................6
3.0      Proposed development details .......................................................................................... 7
4.0      Planning assessment .......................................................................................................... 8
  4.1   Noosaville Local Plan and Major Centre Zone Codes ...................................................................8
  4.2   Recreation Activities Code..........................................................................................................8
  4.3   Works Codes ............................................................................................................................ 10
  4.3.1   Parking ................................................................................................................................. 10
  4.3.2   Sustainable Building Design .................................................................................................. 10
5.0      State assessment and other matters ................................................................................ 11
  5.1    State interests .......................................................................................................................... 11
    5.1.1 Matters established in the Planning Regulation ............................................................................ 11
    5.1.2 State Planning Policy ...................................................................................................................... 11
6.0      Conclusion ...................................................................................................................... 11


Client Name:         Stockwell Retail Management Pty Ltd
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:             1
Date:                1 April 2021



This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




                                                                                                                                        Page 2 of 11

Page 3

1.0 Summary

1.1 Development application details
  Proposed development:          Indoor Sport & Recreation
  Type of approval sought:       Development Permit for Material Change of Use
  Site address:                  28 Eenie Creek Rd, Noosaville
  Real property description:     3SP246584
  Site area:                     31.73ha site (tenancy 419m2)
  Assessment manager:            Noosa Council
  Owner details:                 Stockwell Nc Pty Ltd
  Applicant details:             Stockwell Nc Pty Ltd c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
  State planning policy:         Nil
  Regional plan:                 SEQ Regional Plan 2009–2031 (version commenced 2 May
  Designation:                   2014), urban footprint designation.
  Planning scheme:               The Noosa Plan (v.1 - 25 September 2020)
  Zone:                          Major Centre Zone
  Level of assessment:           Code
  Applicable overlays:           Nil
  Applicable codes:              Noosaville Local Plan Code
                                 Major Centre Zone Code
                                 Recreation Activities Code
                                 works codes


1.3 Referral agencies

Energex – Advice Agency (Sc 10, Div 2, Table 2, Column 2b)




                                                                                        Page 3 of 11

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site                                                 Description
 characteristic

 Frontage and         The tenancy has 11.5m of frontage to the Showroom carpark with existing
 access               glazing and double doors for pedestrian access. The site is also serviced by a
                      roller door at the rear of the tenancy for deliveries.




Figure 1: Aerial view and site identification
Source: QLD Globe




Figure 2: Site Photo looking north at the existing building (Photo: 29/03/2021)


The Noosa Plan includes the site within the Noosaville Local Plan Area and is zoned Major Centre.
The Noosa Business Centre Major Centre zone is one of two Major Centre zones in the Shire (Noosa
                                                                                       Page 4 of 11

Page 5

Junction is the other), and services the subregional trade catchments with complementary, not
competing roles and functions.




Figure 3 - Noosa Business Centre Precinct map (Source: Noosa Council Maps)

The site is located within the 5B – Showroom Precinct and the relevant Purposes and Overall
Outcomes seek for development in Noosa Business Centre’s Showroom Precinct:

   a) The Showroom precinct specifically accommodates limited additional showroom retailing in a larger
      format space for the centre and other compatible uses such as hardware and recreation.
   b) Development is designed with articulated facades and design features to break up blank walls.
   c) Development design and landscaping is to be of a high amenity and standard and address the corner
      where located at a gateway site to the Noosa Business Centre.

The proposed development does not propose any external changes to the existing building and only
an internal fitout is required. A copy of the proposal plans is included with the application.




Figure 4 – Noosa Business Centre Framework and Character Plan (site marked in blue)
(Source: Noosa Plan)




                                                                                           Page 5 of 11

Page 6

2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

 North     Vegetation covenant to Eenie Creek Rd

 South     Noosa Civic Shopping Centre

 East      Cash Convertors tenancy

 West      F45 Gym



2.3 Background

On the 14 August 2003, Noosa Civic Stage One was approved with on 17 March 2005 and 13 April
2006. The approval included 7,200m2 of showrooms constructed with the original shopping centre
development, with the showrooms known as the Emporium complex.

This tenancy has previously been used as a furniture store (Jawa) and temporary library (Noosa
Council).

On the 20 March 2018, Council issued a Development Permit for Entertainment & Dining Type 2
Recreation Amusement and Fitness (F45 Gym) in the adjoining tenancy. The approval included 7
conditions, including

           Nature and Extent of Approved Use
   4. The Fitness Centre class size must not exceed a maximum of 40 persons at any one time, including
      staff.
   5. The Fitness Centre may operate 5.00am to 9.00pm, Monday to Sunday.
           Acoustics
   6. The use of the premises must comply with the following requirements:
           a.    Ensure all windows and doors facing Noosa Civic are locked shut during class times or
                 when amplified music is being played;
           b.    The common wall to the adjoining tenancy is to be sound proofed to the reasonable
                 satisfaction of Council;
           c.    All amplified sound at the premises must be conducted through a sound limiting device at
                 all times to ensure that noise does not cause nuisance;
           d.    The sound limiting device is to have a locking mechanism or be located within a locked
                 enclosure, which is to be locked at all times except for inspection or maintenance work on
                 the device;
           e.    Access to the sound limiting device, except for maintenance work, is restricted to the gym
                 manager, nominee and the person in charge of the premises at any time; and
           f.    The sound limiting device must be checked and if necessary adjusted by a qualified
                 acoustic consultant at least every 12 months to ensure compliance with condition c).
                 Acoustic certification is to be kept on site.




                                                                                               Page 6 of 11

Page 7

3.0 Proposed development details
The proposed development seeks to convert a vacant tenancy to an Indoor Sport & Recreation
(Pilates Studio). The proposed development proposes an additional mezzanine storage area at the
rear of the site which slightly alters the total GFA of the Emporium precinct. The changes to the
tenancy are internal to the building and will not alter the built form or physical scale of the approved
buildings.

The Pilates Studio is to operate independently to the adjoining F45 gym and is to include the following
features:

•     Maximum classes of 40 people.
•     Maximum of 8 classes per day with the first at 05:00am and the last class concluding at 21:00pm, 7
      days/week.
•     45 minute classes weekdays and 1hr on weekends – outside of these times the centre is closed.
•     There will be a maximum of three (3) staff members on site at any one time.
•     The Pilates studio only runs organised classes with 95% members and 5% casuals.
•     Small Retail and office space out the front selling associated health products and register.
•     Toilet amenities at the rear of the open studio and 40m2 mezzanine.
•     The tenancy to be sound proofed and air conditioned.


A copy of the internal fitout plan is included below.




Figure 5: Site Plan




                                                                                                     Page 7 of 11

Page 8

4.0 Planning assessment
4.1         Noosaville Local Plan and Major Centre Zone Codes

The Noosa Business Centre off Eenie Creek Road is a major activity centre and provides the widest
range of centre activities and employment including health facilities and large format retail
showrooms. The relevant Overall Outcomes seek for the Showroom Precinct to provide for:

    a) The Showroom precinct specifically accommodates limited additional showroom retailing in
       a larger format space for the centre and other compatible uses such as hardware and
       recreation.

The existing building fronts the internal carpark and Noosa Civic road and the proposal does not
require any external building work. The design retains the existing rendered façade and glazing, with
new signage to be provided under a separate Local Law application. The internal fit out requires
construction of a small mezzanine and toilet facility at the rear of the tenancy for the Pilates studio.

The site is adjacent to the approved F45 gym, with suitable pathways, lighting and entrance
appropriately signed in the cluster of recreation uses within the showroom precinct. Minimal waste
and or servicing is proposed by the Pilates studio and service entrance is via the existing roller door
at the rear of the site.

PO66 of the Major Centre Zone Code includes additional provisions for large format showroom
premises to have a combined maximum total gross floor area for retail uses of 7,700m2 for Lot
3SP246584. The proposal is for a recreation use, and although the proposal slightly increases the
tenancy size it does not contribute to additional showroom retail uses.

The development meets all the Acceptable and Performance Outcomes of the Noosaville Local Plan
and Major Centres Codes.


4.2         Recreation Activities Code

The following table details compliance against the key development requirements of the code.

Table 3: Key development parameters assessment
 Parameter       Requirement                                                          Proposal                              Compliance

 Location        PO1                                                                  The Indoor Sport and Recreation       Y
                 Recreation activities are located in a zone and on a site suitable   use is a consistent code
                 for its intended purpose, is accessible to its patrons and           assessable use within the
                 supported by adequate infrastructure and servicing.                  Showroom precinct. The Pilates
                                                                                      studio is appropriately located
                                                                                      adjacent to the F45 Gym and is
                                                                                      supported by existing carparking
                                                                                      infrastructure within the Business
                                                                                      Centre.

 Effects    of   PO2                                                                  The proposed 419m2 Pilates            Y
 Use             Recreation activities are of a type, scale and intensity that is     studio is consistent with the
                 consistent with the zone, and the character of the area in which     character of the area and
                 it is located, and does not involve a motor sport facility.          contributes to the recreational
                                                                                      needs of residents, while still
                 PO3                                                                  providing for the showrooms in
                 Recreation activities contribute to the recreation needs of the      the precinct
                 Noosa Shire community.
                                                                                      Any sale of food and drink is
                 PO4                                                                  limited to the front reception area
                 The sale of food and drink associated with a recreation activity     and is ancillary to the studio, and
                 is small in scale and ancillary to the recreation activity.


                                                                                                                                Page 8 of 11

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                                                                                    less than 10% of the total gross
                                                                                    floor area.

Building     PO5                                                                    Parking is provided in front of the   Y
Design and   Recreation           activities,      including         buildings,     site and the use of the premises
Siting       structures, ancillary uses and car parking are sited and               includes a large floor plate and
             designed to ensure the efficient and safe operation of the activity    high ceilings which suits the
             and safe access for users.                                             recreation use.
                                                                                    There are no other external
             PO6                                                                    changes to the building with
             Recreation activities involving buildings and structures are fit for   existing render and glazing along
             purpose and reflect the character of the location in which it is       the façade of the building.
             located with design elements and materials that reflect the local
             character of the area.
             PO7
             Landscape treatments provide shade and soften the visual
             appearance of buildings, outdoor recreation spaces and service
             areas.

Safety and   PO8                                                                    The Pilates studio does not           Y
Amenity      Recreation activities are located, designed and operated to            involve loud music and all
             avoid significant adverse impacts associated with noise,               activities are to be undertaken
             privacy, security, waste, and lighting on the amenity of the area.     within the building. The design
                                                                                    and operation will not result in
             PO9                                                                    adverse impacts associated with
             Recreation activities operate within a timeframe that avoids           noise or privacy.
             negative impacts on the amenity of the surrounding area and
             sensitive land uses.                                                   The site is located more than
                                                                                    160m from the closest residential
             PO10                                                                   use (Domain Noosa to the north).
             Recreation activities are designed and operated to avoid noise         The activities are contained to
             emissions that unreasonably impact on the amenity of the area          the middle of the tenancy.
             and sensitive and uses.                                                Carparking is in front of the
             PO11                                                                   tenancy with early and later
             Recreation activities maintain reasonable privacy, amenity and         classes    outside    the   busy
             use of indoor and outdoor living areas to surrounding residential      operating hours of the carparking
             activities.                                                            areas.

             PO12
             Outdoor recreation uses do not have an adverse impact on the           The     existing     showroom
             amenity enjoyed by users of adjacent or nearby residential             development includes sealed
             uses.                                                                  pathways and access to the
             PO13                                                                   Noosa Civic shopping centre.
             Development promotes safe and efficient walking and cycling            Bicycle parking is provided for on
             by:                                                                    the ground floor to allow for up to
                                                                                    8 bikes on wall racks and 2
               a)    providing sealed pathways along easily understood              motorcycles at grade. An
                     direct routes with opportunity for casual surveillance;        appropriate condition is sought in
                     and                                                            this regard.
               b)    ensuring the safety to pedestrians and cyclists is
                     priorities in the design and construction of access ways
                     and car parking
                                                                                    Toilets and amenities are
             PO14                                                                   provided in accordance with the
             Communal open spaces, congregation and seating areas are in            BCA requirements for 3 toilets, 3
             the line of sight or seen from a street or other public space.         showers, change rooms and
                                                                                    lockers.
             PO15
             The obtrusiveness of lighting is minimised without unduly
             limiting the use, enjoyment or safety of outdoor recreation
             community facilities.
             PO16
             Public toilets are designed and constructed to—

               a)    ensure the safety of all people using them; and
               b)    take advantage of informal surveillance from adjoining
                     uses and activities, discouraging non-legitimate uses.
             PO17
             Development is sufficiently separated from infrastructure
             including electricity infrastructure and substations to minimise
             the likelihood of nuisance or complaint.




                                                                                                                              Page 9 of 11

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4.3      Works Codes

4.3.1 Parking
The driveways and parking code seeks for one parking space is provided per 20m2 of GFA. Although
the rate is higher than the existing showroom rate (1 per 50m2 - 8 spaces currently provided with 19
required), the provision of additional parking is not considered necessary as no other new external
works are required and the Emporium complex has been observed over an extended period to have
ample parking, with many shopping trips combining multiple businesses within Noosa Civic.

The approval for the adjoining F45 gym in a similar sized tenancy included a Traffic and Transport
Report which identifies that:

   -   The traffic generation associated with the development will represent less than 3% of the
       overall centre generation on Thursdays and 2% on Saturdays which is a negligible increase.
   -   A peak demand of 39 spaces occurs before centre opening hours on both Thursday and
       Saturday peak periods. The car parking surplus at the centres peak hours remain unaffected,
       as the F45 development does not operate during 10:00AM to 4:00PM. At peak periods, on
       Thursday and Saturday, the centre has available parking storage of 286 spaces and 478
       spaces respectively.

The Pilates studio is to operate at similar times and class sizes to the adjoining F45 gym with peak
class times before 10am and after 4pm (up to 40 people). The development is complementary to the
existing showroom uses and there is sufficient parking provided, having regard to the specifics of
the use including the type and intensity of land use; available parking on the site; hours of operation;
likely numbers of users; and the peak parking demand periods of uses on the overall site). An
additional 8 bike spaces and 2 motorbike bays are also provided within the tenancy to also
encourage other forms of travel to the site. These facilities are within a secure, weatherproof facility
adjoining shower and change room facilities.

There is sufficient parking in the Noosa Civic centre for the proposed Pilates Studio and is considered
to have minimal impacts on the existing centre operations. The proposal is considered to meet PO6
of the Driveways and Parking Code to accommodate the number and type of vehicles, bicycles and
motorcycles likely to be generated by the development.

4.3.2 Sustainable Building Design
Although the proposal is for an internal fit out of an existing building, the owners are investigating
the options for solar for this building to minimise energy consumption and take advantage of the
large roof capture areas of the Noosa Business Centre, consistent with PO1 of the code.




                                                                                           Page 10 of 11

Page 11

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part (not applicable to this application).

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Indoor Sport &
Recreation (Pilates Studio) within an existing showroom tenancy at 28 Eenie Creek Rd, Noosaville
(Noosa Civic). The proposal is Code assessable development under The Noosa Plan.

The assessment finds the proposal respects the existing development approval and generally meets
the relevant statutory instruments including The Noosa Plan. The Showroom precinct specifically
accommodates limited additional showroom retailing in a larger format space for the centre and other
compatible uses such as hardware and recreation. The proposed recreation use is adjacent to the
existing F45 gym and is an appropriate use for the existing tenancy.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

        (a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan
            2020); and

        (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

        (a) must decide to approve the application to the extent the development complies with all of the assessment
        benchmarks for the development; and

        (b) may decide to approve the application even if the development does not comply with some of the
        assessment benchmarks; and

        Examples—
               1          An assessment manager may approve an application for development that does not comply
                          with some of the benchmarks if the decision resolves a conflict between the benchmarks.

                 2        An assessment manager may approve an application for development that does not comply
                          with some of the benchmarks if the decision resolves a conflict between the benchmarks and
                          a referral agency’s response.

        (c) may impose development conditions on an approval; and

        (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to
        refuse the application only if compliance cannot be achieved by imposing development conditions.

The assessment finds the development complies with all Acceptable and Performance Outcomes of
the applicable codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.



                                                                                                      Page 11 of 11

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