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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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                                      Place barcode here
                                                              L S0042469


       THIS IS THE NEXT PART OF A
 MULTIPLE PART RECORD




ANVNFORMATION MANAGEMEN'PRECOROS MANAGEMENTCornrol of RecordsoRM T'p(ulti kart Recor d r Sheet FIRST PARt,do
Full text of the other 6 pages

Page 2

Page 3

                                                                                                                                    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

Page 4

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

Page 5

                                         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.

Page 6

  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



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