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23497 DA Development Application Part 1 Changes form, covering letter, 5 Commerce Crt Noosaville · 132003.220966.2
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ANVNFORMATION MANAGEMEN'PRECOROS MANAGEMENTCornrol of RecordsoRM T'p(ulti kart Recor d r Sheet FIRST PARt,do
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RECEIVED
6 DEC 2010
Sunshine ""oast Request to Change Existing Approval and/or J''`i
Extension to Relevant Period
NOTES: Which entity issued the approval?
ALL questions MUST be completed unless the form indicates Sunshine Coast Regional Council
otherwise. Other entity - please specify: t- o tk ('t e,, U L._
This form must be submitted to Council accompanied by the
applicable fee. Is the approval for a mobile and temporary ERA?
Attach extra pages if there is insufficient space on the form. No
If Council was the Assessment Manager for the existing approval, Yes - complete below
and the approval was issued by the Court, then:-
Insert the name of each local government area in which the
(a) a request to change the development approval and/or mobile and temporary ERA is proposed to
conditions is made to the Court; and
operate/operating.
(b) a request to extend the relevant period for the approval is
made to Council.
All terms used on the form have the meaning given in the
Sustainable Planning Act 2009 or the Sustainable Planning 1 -4 4 DFl
Regulation 2009. 3. Nature of request
Please tick ALL applicable catega$ '
C Details of the person making the request I To change the development appro
Full name - individual or company i To change the development cons
-tL-Q -- ] To extend the relevant period before
)It1 DN k
Contact name -for company Please attach documentation outlining the details of
and the reasons and justification for the requested
1V A
change or extension.
Postal address
4. Location of the premises
(^lwS c\ ^^E S Street address
CN^ \ Postcode S7o
_ 7 Unit no. Street no. Street name
Contact phone number Fax number - if applicable 1= 5 ^' c:rnHt-^CC^ Cc^
L Suburb Postcode
--
Mobile number - if applicable
N u^: 5 11^ v t L..-L- C /-t- 5 c, C, 1
C7 Z{- C L4- O (- Lot and plan description
Lot no. Plan type & plan no.
E-mail address - if applicable
\ ' i-1 o 2 3v c^ cf
2. Details of the existing approval I
Type of approval - please tick ALL applicable categories
Development Permit
Preliminary Approval 5. Concurrence Agencies 11
Compliance Permit Was there one or more concurrence agencies involved
Material Change of Use the riginal a proval?
Reconfiguring a Lot 1 No IT M' f VJ. ti)w(., z% C1, (:^!7.
Operational Works Yes - provide details below
Building Works Note - Under s372 of the Sustainable Planning Act 2009 the person
Plumbing or Drainage Works making the request is required to give a copy of this request to all
concurrence agencies.
Compliance Certificate
Environmentally Relevant Activity (ERA) Concurrence Agency Date copy given
Application number Date issued
^+q A 1k /^z/ c3
PD-DA-FM401I1-30104/2010 Page 1 of 2
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16. -Pre-request response notice 8. Does the request involve a State resource
prescribed under the Sustainable Planning
Has a pre-request response notice been given by a relevant
Regulation 2009, Schedule 14?
entity (e.g. a concurrence agency) for this request?
No
Yes
N/A vi No
Yes - complete Table C below
If yes, please attach a copy of the notice.
Table C - State owned resource
Nature of State owned resource
7. Owner's consent 1
Is the owner's consent required for this request?
No Nature of evidence required
Yes - complete either Table A or Table B below Evidence of allocation of /entitlement to, the resource
Note - If more than one owner of the land all owners' details are Evidence the chief executive has agreed to the request
required.
Attach a copy of the evidence required above.
Table A - owner's consent provided on form
Owner's name/s NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires
I/We, the above-mentioned owner/s of the land, consent to that if on application for the development approval were made at
the making of this request. the time of making this request and evidence under section 264(1) of
Signature/s the Sustainable Planning Act 2009 would be required to support the
application, this request must be accompanied by the written
Date agreement of the chief executive from whom evidence would be
.^^ V required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a
development involves a State resource, a regulation may require the
Table B - owner's consent attached application to be supported by certain evidence prescribed under
Owner's name/s regulation. Schedule 14 of the Sustainable Planning Regulation 2009
prescribes the State resources for which evidence is required to he
and the evidence required, to support the application.
The owner's written consent is attached.
9. ( Applicant's declaration
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the Signature/s:
person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's
consent.
However, owner's consent is not required if the approval:
By making this request, declare that all information in this
• relates to land the was acquisition land to which section
263(2)(d) of the Sustainable Planning Act 2009 applied when request is true and correct.
the application for the approval was made; or
• is for building work or operational work for the supply of
community infrastructure on land designated for the
community infrastructure; or
• the consent of the owner would not be required under section
263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is
satisfied that:
• the number of owners of the land make it impractical to obtain
owners' consent, and the requested change does not materially
affect the owners' land; or
• having regard to the nature of the proposed change, the owner
has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
PD-DA-FM401i1-3010412010 Page 2 of 2
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REPORT
MATERIAL CHANGE OF USE
EXISTING APPROVAL (23479 DA - 18/12/2003)
Unit 9, 5 Commerce Court, Noosaville, QId 4566
Indoor Entertainment/Fitness Studio
As owner of the Commerce Centre situated at 5 Commerce Court, Noosaville, I can see a definite
justification for the already existing inclusion of an entertainment/fitness based business within the
complex on the basis that this provides:
• A beneficial service to the community in a pleasant location.
• Additional foot traffic through the Commerce Centre which will indirectly benefit other
businesses (tenants) operating within the Centre.
• A healthy variety to the mix of businesses operating within the Commerce Centre
• Better use of facilities and car park which is currently deserted outside of comparatively
short normal business hours - and is often only partially used during "business hours".
• Security benefits from increased after-hours traffic flow.
• Improved viability of the Commerce Centre itself - benefits which extend beyond the
obvious (e.g. not only beneficial to the landlord but to the immediate business precinct and
general Noosa community).
However this existing approval, which appears to be specific to the requirements of the original
applicant and former tenant (Jane Muir Kickboxing Studio), is subject to conditions that are not
conducive to the operation of a viable business in this Indoor Entertainment/Fitness Studio category.
As property owner I am seeking to establish more general conditions that will allow some flexibility
with respect to attracting a suitable tenant in either the indoor entertainment and/or fitness studio
category-
THE MAIN ISSUES
Council's two main concerns appear to be issues relating to noise level and car parking.
Noise
This is not a residential area - so there are no homes within close proximity. Being an industrial
area, the most common business hours (throughout the whole industrial area) are between around
8.00 am and 4.00 pm Monday to Friday. Outside of these business hours the whole industrial area,
including the Commerce Centre, is virtually deserted. A reasonably loud noise level outside of
these business hours is not likely to disturb anyone. During normal business hours within the area,
of course, noise level should be kept to a moderate level.
Car Park
Having now been closely involved with my investment property for four and half years, it is my
observation that the Commerce Centre car park is mostly used by businesses within the centre
between 8.00 to 9.00 am and 4.00 pm Mondays to Fridays - i.e. 35-40 hours per week only. The
Commerce Centre and its car park are virtually deserted for the other 128 to 133 hours per week.
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Even during "normal" business hours, the car park is only partially used most of the time. There are
ten units, and officially twenty-eight car spaces. Even If each business operator occupied two car
spaces all day (which they don't) that leaves eight car spaces....not counting spaces in front of the
ten double-width roller doors, which are not generally used for their allotted purpose and could be
utilised for parking - at least by the relevant business owner.
The nature of the businesses operating within the Commerce Centre being mostly services or
wholesalers, do not attract a heavy traffic flow as does a retail centre. Therefore, the natural hours
of operation of a modern fitness/indoor entertainment studio are most compatible with the hours of
operation of other businesses operating within the Commerce Centre.
Therefore, in consideration of the use of the carpark, I suggest there is scope for group activities in
Unit 9 for up to eight to ten attendees during normal business hours. I suggest therefore that a
"small group" be considered to consist of eight to ten participants.
FURTHERMORE, I SUGGEST THAT APPROVED HOURS FOR GROUP
SESSIONS/CLASSES BE SIMPLIFIED AS FOLLOWS:
• Unlimited overall hours of operation should apply for most activities (other than large
sessions/classes). IF, however, hours must be limited, a fitness/entertainment studio should
be able to operate between 5.00 am to 10.00pm daily. That is, within these hours one-on-
one appointments and/or "small" group sessions/classes (see above paragraph) should be
unrestricted in frequency providing that associated noise level be kept to a moderate level
during normal business hours (that is between say 8.00 am and 4.00 pm Monday to Friday).
Large group sessions/classes of unspecified number should end before say 9.00 am and not
start before 4.00 pm. (The size of these sessions/classes should be determined by the
business operator, who would professionally take into consideration the size of the premises
combined with the requirements of the particular activity being conducted at any given
time).
• To facilitate the programming of hourly activities, I suggest the interval between
sessions/classes be reduced to 10 minutes. This would give the business operator the option
to conduct 50 minute sessions/classes, (a reasonable class duration) and operate an hourly
schedule for simplicity of programming.
................... ,.N.W.T.......... _...................
Signed: Antoine (Toni) Glen b / (/2010
Antoinette (Toni) Glen
Owner
"Commerce Centre"
5 Commerce Court
NOOSAVILLE. QLD 4567
Tel: 5447 5311
Mob: 0409 406 952
Email: [email protected]
Postal Address: PO BOX 399, NOOSA HEADS, QLD 4567
2/)-
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SIGNATURE: |. (AE,
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8
Proposed Fitness (entee
Ste PLAN / Parana
JANE MUIR, NovEmMaee-2003
DA’
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23497 DA Development Application Part 1 Changes form, covering letter, 5 Commerce Crt NoosavilleRelated documentApplication case desk ↗
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