23497 DA Development Application Part 1 Changes form, covering letter, 5 Commerce Crt Noosaville · 132003.220966.2

                                         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.