Council Report 51998 2462 07

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                         6 AUGUST 2024


  STATUTORY DETAILS

  SEQRP Designation               Urban Footprint

  Zone                            Tourist Accommodation

  Precinct                        Not applicable

  Local Plan Area                 Noosa Heads

  Overlays                        Nil

  Assessment Type                 Other Change to Approval

EXECUTIVE SUMMARY
This report reviews an application for an Other Change to a development approval for Noosa
Blue Resort to expand the existing Yoga Studio (by reducing the existing restaurant area) and
change the approved car hire premises to a shop, office or a yoga studio. No external
modifications to the building are proposed to accommodate the changes, with only internal fit
outs proposed.

The site has been subject to a number of development applications over past years, with the
original approval, the subject of this Other Change application, issued on 10 February 1997 and
a separate application for a Yoga Studio and Restaurant approved by Council on 19 May 2016.

Under Noosa Plan 2020 the site is zoned Tourist Accommodation. This zone is intended to
provide primarily for visitor accommodation with a range of ancillary retail, food and beverage,
and entertainment uses permitted that complement and enhance the area for visitors. The
proposed changes support this zoning intent, with the expanded yoga studio and the addition of
a shop or office expected to add to the visitor experience and resort offerings. These uses are
of an appropriate scale and type suitable for the site and will not adversely impact the amenity
and character for the area. Additionally, existing on-site car parking is sufficient to meet the
minimum car parking required by the Driveways & Parking Code under Noosa Plan 2020.

The application is therefore recommended for approval, with some amendments to existing
conditions to reflect the new uses, removal of references to the previously approved conference
facility and care hire premises and inclusion of additional conditions for the yoga studio and food
and restaurant generally reflective of the existing approval for these uses given in 2016.

RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Environment
Committee Meeting dated 6 August 2024 regarding Application No. 51998.2462.07 for an Other
Change to Development Approval for Multiple Dwelling (65 dwelling units), Conference Facility and
Vehicle Hire Premises situated at Noosa Blue 501 - 503/16 Noosa Drive, Noosa Heads and:
A. Approve the Other Change application
B. Amend the approval type as follows:
    Development Permit for Material Change of Use for-
   •   Multiple Dwelling (65 Units) as defined by the 1990 Schedule to the Planning Scheme
   •   Indoor Sport & Recreation (Yoga Studio & Health Spa), Shop, Office and Food & Drink
       Outlet as defined by the Noosa Plan 2020

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                        6 AUGUST 2024


C. Amend conditions 1 and 9 as outlined in Attachment 1.
D. Include additional conditions 54 to 56 as outlined in Attachment 1.
E. Delete conditions 10, 11 and 13 as they are no longer relevant to the proposal.
F. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                         6 AUGUST 2024


               ATTACHMENT 1 – (51998.2462.07) – PROPOSED CONDITIONS
1.    Development authorised by this approval must be undertaken generally in accordance with
      the Approved Plans listed in the table below.

           Plan No.      Rev.   Plan/Document Name                                  Date

           For Lot 4 - WD-07E, 07AE, 08E, 09E, 10E, 11E, 13E, 15E, 17E, 18D, 30E, 31D, 32D,
           34D and 34aD, prepared by Noel Robinson Architects and dated July, 1998

           For Lot 12 - DA - 04, 05, 11 and 12 prepared by Noel Robinson Architects and dated
           March, 1998

           WD02.00       -      Pergola Plan prepared by DesignInc Brisbane         05/02/2004

           WD03.00       -      Section Plan prepared by DesignInc Brisbane         05/02/2004

           -             -      Manager’s Unit Extension & Night Office prepared 19/11/2015
                                by RG Strategic

           Application No. 51998.2462.07

           1             -      Lot 208 – Layout Plan - Annotated by Council        Not dated

           2             -      Lot 301 – Layout Plan - Annotated by Council        Not dated

           3             -      Lot 302 – Layout Plan - Annotated by Council        Not dated


9.    Staff of the complex are to be permitted to park on site in specially marked bays. The
      management of the complex are not to direct staff to park off site.
54.   The Food & Drink Outlet must not:
      a.       operate outside the hours of:
               i.     7am to 10pm Sunday to Thursday
               ii.    7am to Midnight Friday and Saturday
      b.       Include outdoor dining in excess of 30m2.
55.   The Food & Drink Outlet must be undertaken and operated in a manner that causes no
      detrimental effect upon the amenity of the surrounding properties. In this regard, where a
      complaint (other than a frivolous or vexatious complaint) is made to Council about noise from
      the approved use areas, Council may require the operator or site management entity to have
      a suitably qualified acoustic consultant undertake a Noise Impact Assessment (NIA) in
      accordance with the Environmental Protection (Noise) Policy 2008. The NIA report must be
      submitted to Council for endorsement which outlines the findings and recommendations of
      the NIA. The recommendations must be implemented.
56.   The Indoor Sport and Recreation Use must not operate outside the hours of 6:00am to
      9:00pm, 7 days a week.

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                                     6 AUGUST 2024

           ATTACHMENT 2 – (51998.2462.07) – PLANNING OFFICER’S REPORT


REPORT
1.     PROPOSAL
The application seeks an Other Change to development approval 51998.2462.03. The proposal
includes an expansion to the existing yoga studio (Aloha Active) and a reduction in the approved
restaurant area. The proposal also includes the removal of the Conference Facility and Vehicle
Hire Premises (Hertz Rental) components of the approval, with the Hertz building requested to be
approved for a variety of interchangeable uses including Shop, Office and/or Indoor Sport and
Recreation (yoga studio). The Table below provides the existing and proposed use areas for each
tenancy.

 Approved Existing Yoga Studio                          Proposed Indoor Sport and Recreation (Aloha
                                                        Active and Health Studio)

 Lot 208                                                Lot 208
 220m2 use area                                         220m2 (existing) + 105m2 (existing catering kitchen)
                                                        Lot 302
                                                        58m2 (existing restaurant)
                                                        Lot 301
                                                        30m2 (existing car rental)*
                                                        Total Area
                                                        413m2

 Approved Existing Restaurant                           Proposed Food and Drink Outlet

 Lot 208                                                Lot 302
 105m2 kitchen                                          44.5m2 GFA plus 30m2 outdoor dining.
 Lot 302                                                Total Area
 102.5m2 GFA plus 30m2 outdoor dining                   44.5m2

 Approved Existing Car Hire                             Proposed Shop/Office

 Lot 301                                                Lot 301
 30m2                                                   30m2 (existing car rental)*
                                                        Total Area
                                                        30m2

 Total Area                                             Total Area
 457.5m2 + 30m2 outdoor dining                          457.5m2 + 30m2 outdoor dining

*proposed interchangeable uses – Shop/Office/Indoor Sport and Recreation

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PLANNING & ENVIRONMENT COMMITTEE MEETING 6 AUGUST 2024

ItRuDoOA TAL

Figure 1 - Locality & Site Aerial

 

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  Figure 2 – Existing and proposed changes to lot 208 for Yoga Studio and Treatment Focused Health Spa




             Figure 3 – Existing & Proposed Changes to Lot 302 for Yoga Studio & Restaurant

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                                6 AUGUST 2024




               Figure 4 – Existing & Proposed Changes to Lot 301 for Shop/Office/Yoga Studio


2.     SITE DETAILS
2.1. Background
51998.2462 - Noosa Blue Resort
•    On 10 February 1997, Council approved application 04208 TC for 63 units, restaurant and
     vehicle hire premises (51998.2462).
•    On 16 April 1998, Council approved application 12509 TC to increase the number of units to
     65 and change the restaurant to a conference facility (51998.2462.01).
•    On 25 November 1998, Council approved an amendment to 12509 TC, which reduced the
     number of units to 64, changed the built form, car parking, added a new storeroom and
     increased the size of the kitchen associated with the conference facilities (51998.2462.02).
•    On 6 July 2004, Council changed the approval to include a roofed pergola to the southern end
     of the swimming pool near the pool bar (51998.2462.03).
•    On 6 January 2016, Council changed the approval to include a night manager’s single bedroom
     studio unit on Level 3 and an additional bedroom to the existing manager’s unit on Level 4
     (51998.2462.04).
MCU16/0011 – Yoga Studio and Restaurant
•    On 19 May 2016, Council approved application MCU16/0011 Development Permit for Material
     Change of Use of Premises Entertainment & Dining Business Type 1 Food & Beverages
     (restaurant) and Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness
     (Yoga Studio).
51998.2462.05 – Current Minor Change Application
•    A minor change application is currently under assessment to allow the Managers Residence
     to be utilised for short-term accommodation (51998.2462.05).
51998.2462.06 – Withdrawn Application
On 3 January 2024 two applications were lodged over the subject site, including:
•    a Minor Change to existing Noosa Blue Resort approval for Multiple Dwelling 64 Units,
     Conference Facility & Vehicle Hire Premises to remove the vehicle hire premises
     (51998.2462.06).
•    an Other Change to a development approval for Yoga Studio and Restaurant to expand the
     existing yoga studio by reducing the size of the restaurant and permit a shop or office or yoga
     studio to operating in the care hire tenancy (MCU16/0011.02).

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                                  6 AUGUST 2024

After review of the application material, it was recommended via an Information Request that the
applicant withdraw the two applications and lodge all proposed changes against the original
application (51998.2462) as an Other Change. This approach allowed for consideration of one
combined application. The applicant subsequently withdrew the 2 applications and lodged the
subject application on 21 March 2024.
2.2. Site Description
The proposed uses are located within the Noosa Blue Resort, which is located at the crest of Noosa
Drive diagonally opposite the Reef Hotel. Access to the resort is directly west off the Noosa
Drive/Hibiscus Avenue round-about. After entering the site, the basement car park entry is to the
north and the port cochère to the south.
The resort has approximately an 80m frontage to Noosa Drive and a 24m rear frontage to Natasha
Avenue.
The resort is situated over 5 levels, with 2 levels below street level stepping down the hill. Car
parking is located on the lowest level 1, with the Yoga Studio and car parking on level 2 and the
restaurant and car hire on level 3, at street level. The accommodation units are spread over levels
2, 3, 4 and 5.
2.3. Surrounding Land Uses
To the north and south, the site adjoins larger multiple dwelling complexes generally used for visitor
accommodation. To the west, are smaller multiple dwellings. To the east across Noosa Drive, is
the Reef Hotel and multiple dwellings.
Noosa Junction is approximately 350m to the south and Hastings Street approximately 500m to
the north. Figure 5 below identifies the subject site and some surrounding land uses.




              Figure 5 – Subject Site highlighted and various land uses that surround the site.

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                          6 AUGUST 2024

3.    ASSESSMENT
3.1. 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;
•     Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is consistent with the State Planning Policy July 2017 (SPP), apart from
coastal hazards in part and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
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 Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan 2020 to the extent the
provisions are relevant to the development.
The subject site is located in Noosa Heads and is zoned Tourist Accommodation Zone. The
existing and proposed new uses are identified as consistent uses with the zone, with the expanded
yoga studio, new shop and office required to follow an impact assessable application process.
3.3.1 Strategic Framework
The Strategic Framework recognises that Noosa Shire serves as a domestic and international
tourism destination, with tourism a significant contributor to the local and regional economy. While
the Noosa Local Economic Plan aims to broaden the economic structure of the local economy,
sustainable tourism is supported as an ongoing economic driver.
This intent is reflected in the following strategic outcome under Section 3.3.5 Economy and
Employment:
(x)   Tourism continues to be recognised as an important sector for the economy. Sustainable,
      low impact, nature-based tourism and rural tourism are supported. Key visitor areas include
      Hastings Street, Gympie Terrace, Noosa River, Tewantin Marina, Noosa National Park,
      Sunshine Beach, Peregian Beach, Noosa North Shore and the Hinterland.
The proposed Other Change is consistent with the Strategic Framework, with the proposal seeking
to update and add to the visitor experience and resort offerings. The existing visitor accommodation
will remain the site’s primary use, with the expanded yoga studio, restaurant changes and potential
addition of a small shop/office remaining complementary and ancillary to the resort’s
accommodation.
3.3.2 Noosa Heads Local Plan Code
Section 7.2.5.2 of the Noosa Heads Local Plan Code states:
(t)   Noosa Heads is the principal focus for visitor accommodation and services in Noosa Shire
      as demonstrated by:
      (i)  Hastings Street serving as a major visitor centre; and

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       (ii)  Resorts located at Morwong Drive, Noosa Drive, Quamby Place, Serenity Close,
             Sanctuary Drive, Little Cove, Noosa Hill, Noosa Springs and Noosa Sound.
(u)    Development in the Tourist accommodation zone is for visitor accommodation and
       associated uses that serve visitors concentrated in areas close to Hastings Street and Noosa
       River and in designated resorts.
PO1
Development enhances the role of Noosa Heads as the principal focus for visitor accommodation
and services in Noosa Shire with high levels of accessibility to outdoor recreational pursuits and
urban services.
PO19
Development in the Tourist Accommodation Zone and other resort complexes provide visitor
accommodation into the future to preserve and support the role of Noosa Heads as a tourism focus
area.
The proposed changes remain consistent with the outcomes of the Code for Noosa Heads to
continue to be the principal focus for visitor accommodation and associated services in the Shire.
3.3.3 Tourist Accommodation Zone Code
The Tourist Accommodation Zone under the Noosa Plan 2020 is intended to provide for visitor
accommodation, supported by a mix of ancillary business activities that complement and enhance
the area for visitors. This is reflected in the following provisions of the Tourist Accommodation
Zone Code:
Section 6.3.4.2(s) Overall Outcomes for Tourist Accommodation Zone Code includes:
(b)    Visitor accommodation in the urban areas is supported by a mix of business activities which
       2(b)create a vibrant atmosphere and complement and enhance the function and
       attractiveness of the area as a visitor destination. Cafes, restaurants, entertainment, function
       facilities and complementary shopping and personal services cater to the needs of visitors as
       well as Noosa Shire residents enjoying these areas.
(c)    Business activities are ancillary to visitor accommodation and should be of a nature and
       scale compatible with the mixed-use character and coastal amenity of the area and not
       compromise the viability of the Noosa Shire centres hierarchy by introducing activities at a
       scale that should be accommodated within a centre. No business uses are appropriate on
       215 David Low Way, Peregian Beach.

 Performance Outcomes                                Acceptable Outcomes

 PO1
 Development provides a focus for visitor No acceptable outcome provided.
 accommodation and a range of ancillary retail,
 food and beverage and entertainment uses
 that contribute to the tourism focus of Noosa
 Shire.

 PO3                                                 AO3.2
 Business       uses   are      secondary   to       Banks, professional offices, supermarkets,
 accommodation uses and support recreational         discount department stores, showrooms,
 activities and surrounding accommodation            hardware stores and health care services do
 facilities without compromising or competing        not establish in the Tourist accommodation
 with Major Centres or District Centres.             zone.

The proposed changes are consistent with these Code provisions with visitor accommodation to
remain the primary focus for Noosa Blue, with the changes enhancing the range of ancillary uses
associated with the accommodation. While Acceptable Outcome AO3.2 of the Code suggests that
professional offices are not appropriate in the Tourist Accommodation Zone, the proposed office

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                             6 AUGUST 2024

tenancy is 30m2 in area, with the applicant also seeking the option for the tenancy to be used as a
shop or used in association with the yoga studio. Furthermore, the proposed office use will not
compromise or compete with the designated business centres consistent with Performance
Outcome PO3.
The Tourist Accommodation Zone Code also recognises that some site’s zoned for tourist
accommodation are in proximity to permanent residents and that there is potential for conflicts to
arise. This is reflected in the following provisions of the Code:
Section 6.3.4.2(2) of the Code states:
(g)   Development incorporates a high level of residential amenity and safety and ensures that
      there is no unreasonable loss of amenity to surrounding premises.

 Performance Outcomes                                Acceptable Outcomes

 PO21                                                AO21.1
 Development ensures that the design of the Buildings and structures:
 development and operation of uses;
                                                 (a) are sited and orientated to minimise the
 (a) provide a high level of amenity to users of     likelihood of overlooking the private open
     the subject site; and                           space of adjacent residential uses;
 (b) do not unreasonably impact on the amenity (b) avoid reduction of sunlight to at least 40%
     enjoyed by users of adjoining or nearby       of the private open space areas of any
     premises, including privacy and access to     adjoining residences to less than 2 hours
     sunlight.                                     between 9:00am and 3:00pm on any day
                                                   of the year;
                                                     (c) incorporate fencing, landscaping and
                                                         screening to mitigate impacts on adjoining
                                                         residential uses.

The proposal includes no changes to the external built form with each of the changes
accommodated in the existing building footprint or approved use area. The expanded yoga studio,
and new shop or office are not expected to adversely impact the amenity of surrounding premises.
3.3.4 Development Codes
Business Activities Code
The proposed business uses are of a type, scale and intensity consistent with the outcomes of the
Code and the site is suitable having regard to access, infrastructure and services. As previously
stated, the proposed uses are also not expected to impact the amenity of the area.
Recreation Activities Code
The proposed extension to the yoga studio will contribute to the recreation needs of the community
and visitors to the area. It will remain of an appropriate low scale that is compatible with the amenity
and character of the area.
Driveways & Parking Code
The below table reviews car parking for the proposed development against the Driveways and
Parking Code of the Noosa Plan 2020. This table demonstrates that the proposal complies with
the minimum car parking rates set by the Code.

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 Use                                                                 NP2020 car parking rates Spaces Required

 65 multiple dwelling units                                          1 space per unit plus 65 spaces        plus
 (the car parking requirement for the Short-term accommodation use   1 space per 10 units  7 spaces
 under NP2020 have been utilised for this calculation)



 Shop/Office (30m2 GFA)                                              1 space per 20m2 GFA    1.5 spaces

 Food and Drink Outlet (22.7m2 use area + 1 space per 20m2 Use Area 2.65 spaces
 30m2 outdoor dining)

 Indoor Sport & Recreation (Yoga Studio & 1 space per 20m2 GFA                               19.15 spaces
 Health Spa) (383m2 GFA*)
 *excludes 30m2 GFA on Lot 301


 Tota Car Spaces Required – 95.3 spaces

 Total Car Spaces Provided Onsite – 104 spaces

Deletion of Existing Conditions
It is noted that as a result of the proposed change to the approved uses, including the removal of
the Conference Facility and Vehicle Hire Premises (Hertz Rental) components of the approval, the
following three conditions on the existing approval are no longer relevant:
        1        The proposed conference centre shall be sound proofed to the satisfaction of Council’s
                 Building Surveyor and the Department of Environment in accordance with applicable
                 statutory requirements but in any event so that the noise level produced by activities
                 carried on within the boundaries of the site, shall not exceed 45dBA when measured
                 at the boundary of the site or 5dBA above ambient background noise levels again when
                 measured at the boundary of the site, whichever is the higher.
        2        No amplified music or entertainment involving amplified noise shall be permitted in the
                 conference centre after 10.00pm on any night.
        13       No hire vehicles are permitted to be displayed for hire purposes or otherwise parked in
                 the Noosa Drive road reserve, adjacent to this site or the driveway within the site. Any
                 vehicles left in that road reserve area by customers returning the vehicles, shall be
                 immediately removed to within the site by the operator of the vehicle hire premises.
A recommendation is therefore included above to delete conditions 10, 11 and 13 as they are no
longer relevant to the proposal.


4.      CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
4.3. Public Notification
The application was publicly notified for 16 business days in accordance with the Planning Act
2016. No submissions were received.

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                        6 AUGUST 2024

5.   CONCLUSION & REASONS FOR DECISION
It is concluded that the proposed Other Change to the Noosa Blue Resort development is
consistent with the outcomes sought by the Noosa Plan 2020 for the site and the surrounding area.
The proposed extension to the yoga studio and addition of a potential small shop or office tenancy
will complement and remain ancillary to the site’s intended primary focus for visitor
accommodation. Further, the applicant has demonstrated that the changes are all internal, remain
within the existing building footprint and are not expected to impact adversely on the surrounding
amenity. Existing on-site car parking is also expected to continue to meet the likely car parking
demands. The application is therefore recommended for approval.

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                          6 AUGUST 2024

Departments consulted:
    Office of the CEO, Mayor &               Community Services          Corporate Services
            Councillors
    Mayor & Councillors                   Director                    Director
    Chief Executive Officer               Community Development       Financial Services
    Executive Officers                    Sport & Active Lifestyles   Fleet
    Community Engagement                  Arts & Culture              Revenue Services
    People & Culture                      Community Connection        ICT
    Governance                            Customer Experience         Commercial Property
    Strategy & Environment &              Development & Regulation     Infrastructure Services
    Sustainable Development
    Director                          x   Director                    Director
    Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                      and Delivery
    Economic     Development      &       Local Laws                  Civil and Asset operations
    Destination Management
    Environmental Services                Environmental Health        Asset Management
    Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                          Property / Permits          Disaster Management
                                                                      Waste

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               ATTACHMENT 3 - (51998.2462.07) - PROPOSAL PLANS


2D FLOORPLAN

                                                                    Council Annotation:
                                                                   Approved area (Lot 208)
                                                                   under 51998.2462.07 for
                                         WC                      Indoor Sport and Recreation

                              153.8 M2

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                                          Council Annotation:
                                     Approved area (Lot 301) under
                                            51998.2462.07 for
                                     interchangeable Shop / Office /
                                       Indoor Sport and Recreation




Lot 301 - Layout Plan Plan No.2 JL

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                                    Council Annotation:
                                Approved area (Lot 302) under
                                51998.2462.07 for Indoor Sport
                                 and Recreation ('studio') and
                                 Food and Drink Outlet ('cafe')




Lot 302 - Layout Plan Plan No.3 JL