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planning report StBaker1
Attached to the e-mail Entertainment & Dining Business Type 2 (Fitness) - MCU18/0162.
Development Application
Planning Report
Material Change of Use – Entertainment and Dining
Business Type 2 (Fitness) situated at 4 Project Ave,
Noosaville (Lot 31 RP886551)
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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 ............................................................................................................. 5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment ......................................................................................................... 7
4.1 Pre-lodgement and Compliance History ................................................................................... 7
4.2 Key issues ............................................................................................................................... 8
4.2.1 Sport and Recreation Use within an Industry Zone................................................................ 8
4.2.2 Carparking ........................................................................................................................... 8
5.0 State assessment and other matters ................................................................................. 9
5.1 State interests ......................................................................................................................... 9
5.1.1 Matters established in the Planning Regulation .............................................................................. 9
5.1.2 State Planning Policy ....................................................................................................................... 9
6.0 Conclusion ........................................................................................................................9
Client Name: Andrew St Baker
Prepared by: Jack Lewis B. Sc Hons UNSW, M. Plan OTAGO
Version: 1
Date: 28 September 2018
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.
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1.0 Summary
1.1 Development application details
Proposed development: Development Permit for a Material Change of Use -
Entertainment and Dining Business Type 2 (Fitness) within an
existing building.
Type of approval sought: Development Permit
Site address: 4 Project Ave, Noosaville
Real property description: Lot 31/RP86551
Site area: 999m2
Assessment manager: Noosa Council
Owner details: Andrew St Baker
Applicant details: Andrew St Baker 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
Zone: Industry
Level of assessment: Impact assessment
Applicable overlays: Nil
Applicable codes: - Noosaville Locality Code
- Business Uses Code
- Driveways and Parking Code
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Existing industrial complex (450m2 GFA)
Frontage and access 25m of frontage to Project Ave. The site includes a shared 6m wide access
easement with 2 Project Ave along the site’s northeastern boundary.
Topography The site is relatively flat with existing stormwater flowing to the street.
Parking The site includes 9 equivalent parking spaces which was provided at a rate
of 1 space per 50m2 of Gross Floor Area (450m2 existing building), when
the building was constructed as self-assessable development under the
Superseded Planning Scheme.
Figure 1: Aerial view with zoning overlay
Source: DA Mapping System
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Figure 2: Satellite view and site identification
Source: DA Mapping System
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North 2 Project Ave – 5 service industrial units ranging in size from 43m2 to 66m2. Unit 5 is
currently occupied by an approved café fronting Venture Dr and a hair dresser/beautician
in unit 2. The other three tenancies are currently vacant.
South 6 & 8 Project Ave – 10 industrial units ranging in size from 40m2 to 122m2. A common
easement and carparking area provides access to the industrial units, which include a
locksmith, cake shop and shop/warehouse distributors.
East Directly across the road to the east is 134 Eunundi Noosa Rd, which includes access to
both Project Avenue and Eumundi Noosa Road. There is an existing unformed service
access with vegetation directly across from the premises.
West The site adjoins the Australia Post distribution centre, which includes direct access to
Venture Drive. The site also adjoins 11 Venture Drive which comprises 24 industrial unit
sites accessed by a common driveway. Lots within the industrial centre range in size
from 64m2 to 900m2. The owner currently owns unit 17, which is 287m2 and includes part
of the industrial surfboard manufacturing use on the subject site.
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3.0 Proposed development details
The application seeks approval for a fitness gym within part of the existing industrial building at 4
Project Ave, Noosaville. The gym includes an area of 120m² to be used predominantly for small
classes (maximum of 3 clients) between 8am and 4pm and group yoga / pilates sessions (maximum
of 10 clients), which will operate before and after the industrial business hours (before 8am and after
4pm).
The gym is a resistance training gym with emphasis on human movement for health and longevity.
The pro-movement approach is to create a balance of flexibility, endurance, strength and mobility
through the body's own resistance. This style of operations does not have any excessive weights or
machines with generally mat classes proposed for Yoga and Pilates. There will be 1 staff member
onsite during class times and no loud music.
Table 3: Summary of development aspects
Material change of use
Building height Single story 7m - existing industrial building.
Gross floor area (GFA) 120m²
Car parking There are 9 equivalent carparking spaces on site including
4 motorbike spaces.
Site access There is a singe shared driveway on to the site, with an
access easement over this in favour of the site to the
north. The applicant is also the owner of this adjoining site
(2 Project Ave).
Proposed servicing arrangements No servicing required as the gym is for open floor work
involving resistance training.
Previous approvals on site PC17/0417 - Alterations and additions to the building work
- Building Approval issued 21/03/17
111994.11999 - 5 Industrial sheds - Building Approval
issued 26/10/94
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Figure 3: Proposed Layout Plan
4.0 Planning assessment
4.1 Pre-lodgement and Compliance History
In May 2018, Council Planning Officer’s undertook a thorough site inspection with the owners of the
Thomas Surfboards business to observe the relocated Thomas Surfboards integrated business,
which moved from 175 Eumundi Noosa Rd to the current site.
At the inspection it was observed that a portion of the new premises at 4 Project Ave is currently
being used for coaching and training as a fitness gymnasium and is the subject of this application.
On the 17 May 2018, Council officer’s provided advice indicating they seek an application for the
non-conforming uses within the new premises including the gym, however they are unlikely to
support the Barber, Café and Clothing Sales components of the Thomas Surfboards integrated
business.
On the 17 June 2018, the applicant responded to Council advising of the recent purchase of the
neighbouring building at 2 Project Ave with associated café and outdoor dining approvals. At the
time, the intention was to incorporate this into the overall ‘Thomas Surfboards’ integrated business.
On the 28 June 2018, the applicant advised they would seek to prepare an application for an
Integrated Enterprise Business. However, as a precautionary measure the applicant reserves their
rights regarding the benefit of the 2015 Industrial zone moratorium and the outcomes of the new
planning scheme, irrespective of this application.
On the 29 June 2018, Council accepted the period of three months for the submission of an
application being 28 September 2018. This application is lodged to address the fitness gym use only.
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The applicant continues to assert the existing business activities within Thomas Surfboards (other
than the gym component) will rely on Council’s 2015 Industrial Moratorium. Although not part of this
application, the applicant considers the relocation of these existing business activities from Eumundi
Rd to Project Ave is not introducing a new business within the Industrial zone. Furthermore, the
barbering activity within the Thomas Surfboards integrated facility has evolved to include design,
development, testing, demonstration and wholesale of hair and grooming products, which the
applicant is willing to show the Council officers and Councillors these practices.
The applicant also reiterates the coffee and cool drinks onsite are predominantly for staff and clients
associated with the Thomas Surfboards integrated business.
The clothing and design business is associated with Thomas Surfboards integrated business, with
products stored and repackaged for distribution with minor retail sales alongside the surfboards.
4.2 Key issues
The site is in the Noosaville Locality and is zoned Industry. The proposed Entertainment and Dining
Business Type 2 – Fitness is an inconsistent use in the zone required to follow an impact assessable
application process. The assessment is subject to a “whole-of-planning-scheme” assessment with
the following codes identified as the most applicable and further comment provided thereafter.
- Noosaville Locality Code
- Business Uses Code
- Driveways and Parking Code
4.2.1 Sport and Recreation Use within an Industry Zone
The Overall Outcomes of the Industry Zone seek land is protected for industrial functions to the
exclusion of incompatible uses including Residential Uses, Community Uses, Commercial business
and most Sport and Recreation uses and Retail business uses. Although the proposed fitness
use is inconsistent within the Industry Zone, it is acknowledged some sport and recreational uses
are accepted. Furthermore, fitness gyms are floor area consumptive and somewhat difficult to locate
in Business Centres with several development approvals for these uses given over the last 10 years
since The Noosa Plan’s commencement.
The proposed fitness gym is located within an existing industrial building and no new building works
are required. The proposed fitness gym will be located within 120m2 (27%) of the existing 450m2
gross floor area building and is a complementary use to the Thomas Surfboards integrated facility.
The size and scale of the building is similar to other gym uses approved in Industrial Zones within
Noosaville.
Given the nature of the adjoining service industry uses and tenancy sizes, the proposed
entertainment and dining use is complementary. The proposed entertainment and dining use is
compatible with the Industry Zone and meets the relevant Overall Outcomes of the Noosaville
Locality Code.
4.2.2 Carparking
The Driveways and Carparking Code requires sufficient parking to be provided onsite for the specific
business type/nature of the use, with consideration given to any existing parking onsite, hours of
operation, likely number of users and peak parking demand periods.
The Probable Solutions for onsite parking prescribe a rate of 1 space per 20m2 of use area, or 1
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space per 3 persons capable of being entertained at any one time. As part of the previous approval
for a gymnasium within the Noosaville Industry zone, Council’s traffic consultant concluded that a
rate of 1.5 persons per car space is considered appropriate and reflective of the likely parking
demand for a fitness centre (MCU16/0137).
Based on the previous carparking rate of 1 per 50m2 GFA, the gymnasium component has 2.4
spaces available. Considering the 1.5 person parking rate previously adopted by Council for a fitness
centre and the number of spaces attributed to the use, the business is willing to accept conditions to
manage parking impacts including:
• Fitness classes limited to no more than 3 clients* at any one time between 8am and 4pm
(Monday to Friday) and 8am to 1pm (Saturday); and
• Fitness classes limited to no more than 15 clients* at any one time before 8am and after 4pm
- Monday to Friday, and before 8am and after 1pm - Saturday, and any time Sunday.
*Not including staff of the affiliated industrial businesses using the training facility.
The proposed fitness gym use will be managed in conjunction with the existing industrial uses and
there is sufficient carparking available on site to address likely parking demands for the nature of the
business activities. The proposal meets the relevant Specific Outcomes of the Driveways and
Parking code.
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
Consistent with the relevant Policy considerations.
6.0 Conclusion
The proposal seeks approval to operate a fitness gym within an existing Industrial building at 4
Project Ave, Noosaville. The Entertainment and Dining Business Type 2 (Fitness) is an inconsistent
use within the Noosaville Locality’s Industry Zone, subject to impact assessment against The Noosa
Plan.
Despite being an inconsistent use with the zone, the following grounds of approval justify the decision
despite the conflict with The Noosa Plan:
1. Gyms (fitness centres) are generally floor area intensive and require tenancies within
industrial units that are most readily found in the Industrial Zone;
2. Some sport and recreational uses are accepted within the Industry zone given the potential
impacts of sport and recreation uses; and
3. The fitness centre is of a size and scale similar to other approved Entertainment & Dining
Business’s Type 2 uses within the Noosaville Industrial area.
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Conditions can be imposed to mitigate any impacts regarding class sizes and timing of users
frequenting the site. This will ensure enough parking is provided onsite for the likely number of users
and peak parking demand periods, consistent with the relevant Outcomes of The Noosa Plan.
The proposal does not raise any other significant planning concerns and is recommended for
approval, subject to conditions.
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