Development Application For A Material Change Of Use For A Yoga Studio And Restaurant At Noosa Blue Resort 16 Noosa Drive, Noosa Heads (MCU16/0011)

DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A YOGA STUDIO AND RESTAURANT AT NOOSA BLUE RESORT 16 NOOSA DRIVE, NOOSA HEADS (MCU16/0011)

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0011

Attachments	Nil

APPLICATION DETAILS
Applicant	Noosa Blue Management P/L TTE
Proposal	Development Permit for Material Change of Use of Premises for: Entertainment & Dining Type 1 Food & Beverage (Restaurant); and Entertainment & Dining Type 2 Recreation, Amusement & Fitness (Yoga Studio)
Properly Made Date	15 February 2016
Decision Due Date	19 May 2016
Number of Submissions	No submissions received
PROPERTY DETAILS
Property Address	Noosa Blue Resort 16 Noosa Drive, Noosa Heads
RP Description	SP 120748 Lot 208 SP 120748 Lot 302 SP 120748
Land Area	512m² (Lot 208) 123m² (Lot 302)
Existing Use of Land	Noosa Blue Resort – Multiple dwellings (64 x 1 bedroom visitor accommodation units), Conference Facility and Vehicle hire premises (Hertz)
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Attached Housing
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 May 2016 regarding Application No. MCU16/0011 for a Development Permit for Entertainment and Dining Business Type 1 - Food & Beverages (Restaurant) and Entertainment and Dining Business -  Type 2 Recreation, amusement & fitness (Yoga Studio)  situated at Lots 208 and 302 Noosa Blue Resort 16 Noosa Drive, Noosa Heads and:
A.	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
		Proposal Plan, prepared by RG Strategic	26/11/2015
		Proposal Plan – Proposed Layout, prepared by RG Strategic	20/04/16
Nature and Extent of Approved Use
Entertainment and Dining Business Type 2 - Recreation, amusement & fitness (Yoga Studio) must not exceed a total use area of 220m².
The Entertainment and Dining Business Type 1 – Food & Beverages (Restaurant) must not
operate outside the hours of:
7am to 10pm Sunday to Thursday
7am to Midnight Friday and Saturday
exceed a Use area of 100m2 inclusive of 30m² of outdoor dining.
The Entertainment and Dining Business Type 1 – Food & Beverages (Restaurant) 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.
Two signs directing vehicles to the relevant car parking area must be provided. One sign must be located at the top of the basement ramp and the second sign at the entry to the car parking area on Level B (approximately half way down the ramp).
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The Yoga studio is low impact and compatible with the site’s existing visitor accommodation and the surrounding area.
The Yoga studio provides a service to visitors and permanent residents in the area.
The restaurant is complementary to the approved Visitor Accommodation use on-site and offers guests and local residents a service reasonably expected in a resort development.
The restaurant will not adversely impact on the developed character or amenity of the area.

REPORT
PROPOSAL
The application seeks to establish an Entertainment and Dining Business - Type 1 Food and beverages (Restaurant) and an Entertainment and Dining Business - Type 2 Recreation, amusement and fitness (Yoga Studio) within Noosa Blue Resort.

The Yoga Studio is proposed within the floor area previously approved as the conference facility and the restaurant replaces an existing approved pool bar and outdoor use area. A kitchen, previously part of the conference facility, will be utilised as a preparation kitchen for the restaurant and occasionally for the Yoga use.

The proposed 220m² Yoga Studio will be located within Lot 208 on level 2 adjoining the 123m² preparation kitchen (formerly associated with the conference facility). The 100m² restaurant will be within Lot 302 located at street level (Level 3) near the swimming pool and resort entry. Figure 1 shows a layout of the Yoga Studio and the preparation kitchen; Figure 2 shows the location and an image of the restaurant and Figure 3 shows the restaurant’s layout.

Figure 1 – Yoga studio and preparation kitchen

Figure 2 – Location and an image of the restaurant

Figure 3 – Restaurant layout
site details
Background
Noosa Blue Resort

On 10 February 1997, Council approved application 04208 TC for 63 units, restaurant and vehicle hire premises.

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.

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.

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.

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.

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 80m of 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, the proposed Yoga Studio and car parking on level 2 and the restaurant on level 3, at street level. The accommodation units are spread over levels 2, 3, 4 and 5.
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 4 below identifies the subject site and some surrounding land uses.

Figure 4 – Subject Site highlighted in purple and various land uses that surround the site.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosa Heads Locality and is zoned Attached Housing. The proposed uses are identified as inconsistent uses within the zone and are required to follow an impact assessable application process.
Locality Provisions
Uses
Overall Outcome 9.8.2 of the Noosa Heads Locality Code is relevant to the assessment and reads:
9.8.2 	The overall outcomes sought for the Noosa Heads Locality are the following—
a) 	New uses and works are located, designed and managed to—
i 	be compatible with other uses and works;
ii 	maintain the safety of people and works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and
iv 	avoid significant adverse effects on the natural environment;
Assessment of the proposed uses’ compatibility with the area is provided below.
Entertainment and dining business type 2 recreation, amusement and fitness (Yoga Studio)
The 220m² Yoga Studio is proposed to utilise the floor area of the approved conference facility.
Visitor accommodation remains the site’s primary use with the Yoga Studio providing a service considered ancillary to the resort and would be used by both visitors and local residents. It is unlikely the Yoga use will have any adverse impacts on the resort guests or nearby residents, being a quiet use by nature. The location on Level 2 (below street and ground level) is generally hidden from the surrounding area. The use generates minimal noise and, in terms of number of people on-site at any one time, will be less intensive than the current approved conference use.
A Yoga Studio is a consistent use in the Business Centre zone of the nearby Noosa Junction trading area. The applicant suggests that Yoga requires a quieter space and a larger floor plate than generally available in Noosa Junction, and with sufficient car parking to meet The Planning Scheme. This justification is broadly considered acceptable.
Despite the Yoga Studio being inconsistent in the residential zoning, it is considered compatible with, and unlikely to negatively impact on surrounding land uses.
Entertainment and dining business type 1 food and beverages (Restaurant)
A restaurant was approved as part of the original development but was subsequently changed to the conference facility with a pool bar/kitchen to service guests at street level. A separate outdoor area for the use of the pool bar has been utilised since around 2004.
The restaurant with a floor area of 100m², consisting of 70m² use area & 30m² outdoor dining, is currently operating from the approved pool bar and outdoor use area. A kitchen area of 123m² associated with the conference facility will be utilised as a preparation kitchen for the restaurant.
The restaurant is considered ancillary to the visitor accommodation with various resorts throughout the Shire within residential zonings having restaurants servicing guests and the public. The use is complementary to and reasonably expected in a resort located in an area dominated by visitor accommodation such as Noosa Heads. Furthermore, the pool bar which has similar impacts to a restaurant has operated for many years.
Specific Outcome 01 of the Noosa Heads Locality is relevant to the assessment of the restaurant and reads:
Amenity Specific Outcome O1 - Uses are located, designed and operated to avoid significant adverse changes to the light, air quality, noise, accessibility, or other conditions enjoyed by users of associated, adjoining or nearby uses.
The applicant seeks approval to operate the restaurant from 7am to 10pm Sunday to Thursday and 7am to midnight Friday and Saturdays. The restaurant is located beneath 2 storeys of visitor accommodation and is approximately 45m to the neighbouring multiple dwelling across the swimming pool podium.
A noise report has not been submitted as part of the application’s supporting documentation. The applicant suggests that any noise impacts from the restaurant are self-regulating with the internal management practices addressing any noise issues, given the nearest sensitive receptors to any noise nuisance are guests of the resort.
The existing management practices have proven effective as the pool bar, with similar noise impacts to a restaurant, having operated for many years and the Body Corporate has raised no concerns with this application. Furthermore, no submissions were received from unit owners or nearby residents as part of the Public Notification process of this application.
In this instance, it is considered reasonable that noise nuisance will be addressed by the resort management. To ensure the restaurant addresses any adverse noise impacts, a condition is recommended that noise complaints are addressed in accordance with the Environmental Protection (Noise) Policy 2008.
Land Use & Works Provisions
The Driveways and Carparking Code is applicable to this application. The application has been assessed against the code and the issues arising out of the assessment are discussed below.
The development under the original approval provides 104 car parking spaces located over Levels 1 and 2. The Yoga Studio on level 2 is conveniently located adjacent to 29 car spaces, which also has access to street level for the restaurant patrons.
A car parking analysis has been provided to demonstrate that over a 1 month period, which included a peak period, the existing parks are under utilised. The analysis found that at peak usage there was a surplus of unit car parking of approximately 15% (10 car spaces available from a total of 71 unit car spaces).
Table 1 below provides a summary of the car parking for all uses within the Noosa Blue resort.
Table 1- Summary of car parking
Use	Car parking rate  in accordance with the Planning Scheme	Spaces provided
64 Units	1 space per unit and 1 additional unit per 10 units	64 7
1 manager’s unit	1 space	1
Vehicle Hire	1 space per 3 vehicles available for hire (28 vehicles), and 1 wash bay	9 1
Entertainment and Dining Business Type 1 Food and beverages (restaurant) 100m² Use area in total	1 space per 10m² of Use area and outdoor dining area	10
Entertainment and Dining Business Type 2 Recreation, amusement and fitness (Yoga studio) 220m² Use area	1 space per 20m² of Use area; Or 1 space per 3 persons capable of being entertained at any one time, whichever is the greater	11
Total car spaces required		103
Total car spaces provided onsite		104
As demonstrated above, the car parking complies with the Code requirements. The car parking spaces for the uses are located on Level 2 which is accessed by a ramp to the north of the vehicle access from Noosa Drive. To ensure there is no confusion with the parking arrangements a condition is recommended to place 2 signs directing patrons to the car parking area on Level 2.
cONSULTATION
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No submissions were received.
conclusion
Despite the uses conflicting with the residential zone, the Yoga Studio by nature is low impact and will not cause any adverse amenity or car parking issues. The restaurant has the potential to cause noise impacts to the surrounding residential uses but given the management procedures in place have proved effective over the years with the pool bar use, these procedures should continue to mitigate any noise issues that may arise.

Despite the conflict with The Noosa Plan, the following are considered grounds to support the application:
The Yoga studio is low impact and compatible with the site’s existing visitor accommodation and the surrounding area.
The Yoga studio provides a service to visitors and permanent residents in the area.
The restaurant is complementary to the approved Visitor Accommodation use on-site and offers guests and local residents a service reasonably expected in a resort development.
The restaurant will not adversely impact on the developed character or amenity of the area.
The Yoga studio and restaurant do not raise any other significant planning concerns and are recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 MAY 2016

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY

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