2016-05-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     10 MAY 2016


3.      ASSESSMENT
3.1. 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.
3.2. 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.
3.3. 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.

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