Changes Application Request report Aloha Active V.2

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Figure.3 – Existing and proposed changes to lot 208 (old kitchen changed into treatment rooms)




Figure.4 – Existing and proposed changes to lot 302 (Outdoor Dining Area is to remain).

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Figure.5 – Lot 301 tenancy plan (Note: above the tenancy are old redundant air conditioners)



The proposal is to expand the health studios by reducing the size of the approved
restaurant, as well as allowing for a variety of interchangeable uses (shop / office / yoga
studio) within the existing car hire tenancy. The restaurant, which includes the outdoor
dining area will continue to operate, however change operators specialising in health food.
The studio (Aloha Active) has been operating successfully since approval and now seeks
to expand. The Table below provides the existing and proposed use areas.
Table 1 – Proposed changes to use areas

 Approved health studio               Proposed health studio                          Total Use Area

 220m² use area                       Lot 208                                         413m²

 (lot 208 only)                       220m2 + 105m² (existing kitchen)

                                      Lot 302

                                      58m² (existing café/restaurant)

                                      Lot 301

                                      30m² (existing car rental)

 Approved café/restaurant             Proposed café/restaurant                        Total Use area

 100m² (70m² & 30m² outdoor dining)   22.7m² inside                                   52.7m²

 (Lot 302)                            30m² outdoor dining

 Approved Car Hire                    Proposed shop/studio                            Total Use area

 30m² (28 Vehicles and 1 wash bay)    30m²                                            30m²

 (Lot 301)

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Background

Noosa Blue Resort

On 10 February 1997, Council approved application 04208 TC for 64 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.

On 19 May 2016, Council approved MCU16/0011 for a Development Permit for
Entertainment and dining Business Type 1 Food and beverages and Type 2 Recreation,
Amusement & fitness (Yoga studio).


Other Change Test
12509TC
The proposal does not meet the test for a Minor Change under The Planning Act 2016 as
the proposal involves a new use (shop and office) within the existing car rental tenancy,
resulting in substantially different development. As a result, this application is considered an
‘Other Change’. Council has also recommended to lodge a change under this application
number to consolidate all approvals for the site.

Deciding the Request
Other Change
In accordance with S82 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or
may assess against or have regard to, if the change application were a development
application.
Council must only consider the
 (a) assessment benchmarks;
 (b) any matters a referral agency must, may, or may only assess the application against or
 have regard to under section 55(2);
 (c) if the development to which the change application relates requires code assessment—
 any matters the assessment must be carried out having regard to under section 45(3)(b);
 (d) if the development to which the change application relates requires impact
 assessment—any matters the assessment must or may be carried out against or having
 regard to under section 45(5)(a)(ii) or (b).
The site is within the Tourist Accommodation zone and a shop requires Impact assessment
within this location.

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Assessment
The Yoga studio seeks to expand and create a health focus. On ground level, an additional
Yoga studio space is proposed in approximately half of the current café/restaurant. On level
1 the kitchen will be removed and a treatment focused health spa with interchangeable
facilities. The health spa activities fit with the Entertainment and dining type 2 use of the
superseded planning scheme.
The Shop and/or Office are complementary to and reasonably expected in a resort - adding
to the visitor experience and resort offerings. Although many of the studio clients are staying
at the resort and surrounding short term accommodation - locals also attended the site and
are often seen walking with their Yoga mats to the studio for the early morning classes.
Superseded Planning Scheme Locality provisions are relevant and are proved below for
reference.
 Criteria

 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;

 Comment
 Visitor accommodation remains the site’s primary use with the Yoga Studio offerings
 providing a service ancillary to the resort and are used by both visitors and local residents.
 The use has proven not to have any adverse impacts on the resort guests or nearby
 residents, being a quiet use by nature. The location below street and ground level, is also
 generally hidden from the surrounding area.
 Criteria
 Performance outcome PO1 and PO2 of the Noosa Plan 2020 is also relevant and provided
 below for reference.
 PO1 Development provides a focus for visitor accommodation and a range of ancillary retail, food and beverage and
 entertainment uses that contribute to the tourism focus of Noosa Shire.

 PO2 Development provides for a range of visitor accommodation activities and non-residential uses accommodated in mixed-
 use buildings, where such activities are compatible with and ancillary to the predominant functions of the zone as visitor
 accommodation.



 The primary focus of the development is still for visitor accommodation with the proposal
 enhancing the ancillary uses to the accommodation. The building is mixed-use, the non-
 residential uses of the proposal being compatible with the accommodation activity onsite
 and the surrounding area.

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Car parking and access
The following Table is taken from the original Officer’s approval report and amended to
incorporate the proposal. Changes highlighted with red text and strikethrough and
additions in bold.
Table 2 – Proposed changes to carparking table

 Use                                Car parking rate     in accordance with the     Spaces provided
                                    Planning Scheme

 64 Units                           1 space per unit and                                    64
                                    1 additional unit per 10 units                           7

 1 manager’s unit                   1 space                                                  1

 Vehicle Hire                       1 space per 3 vehicles available for hire (28            9
                                    vehicles), and
                                    1 wash bay
                                                                                             1

 Shop/Office (30m2)                 1 space per 20m2                                       1.5

 Entertainment and Dining           1 space per 10m² of Use area and outdoor                10
 Business Type 1 Food and           dining area
 beverages (restaurant)
 100m² Use area in total
 52.75 Use area in total

                                    Noosa Plan 2020                                        2.65
                                    1 space per 20m² of use area


 Entertainment and Dining           1 space per 20m² of Use area;                           11
 Business Type 2 Recreation,
                                    Or                                                    19.15
 amusement and fitness (Yoga
 studio)                            1 space per 3 persons capable of being
                                    entertained at any one time, whichever is
 Indoor Sport and Recreation
                                    the greater
 220m² Use area
 383m² Use area (shop counted
                                    Noting the Noosa Plan 2020 requires the
 separate)
                                    same parking rate as the superseded
                                    planning scheme.

                                    1 space per 20m² of use area = 19.15
                                    spaces




 Total car spaces required                                                                 103

                                                                                           95.3

 Total car spaces provided onsite                                                          104

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The Table above has used the more contemporary rate of 1 space per 20m² of use area
for the café/restaurant as 1 space per 10m² is unreasonable and out off touch with modern
transport modes as it is from the NP2006 planning scheme, now 17 years old. That many
vehicles are just not required as many of the restaurant clients are users of the pool area
being resort guests, Yoga studio clients who are already at the resort, and visitors staying
in the immediate area (walking distance).
Furthermore, the site is on a primary bus route to Hastings Street and the Junction; is within
walking distance to both these major visitor and local shopping areas - where the holiday
and weekend free buses run past the door. Considering these attributes of the
development, the 1 space per 20m² is the most appropriate rate for the restaurant use.


Changes to Conditions
MCU16/0011
As a result of the proposed amendments to the development, Condition 1 requires
changing to include the proposal plans. It is acknowledged Council may apply some
additional conditions specific to each applicable lot as has happened for other
redevelopments within the complex.
The following changes to the item 2 of the Decision Notice is requested:
2      DECISION DETAILS
The following type of approval has been issued:
The following changes are requested to Conditions 2, 3 & 4.


12509TC
Use Approved In This Permit:
-     Multiple Dwelling – 64 units, conference facility and vehicle hire premises
-     Indoor Sport & Recreation
-     Shop and/or Office
9.     Staff of the complex are to be permitted to park on site in specially marked bays. The
       management of the complex and the operators of the conference centre and vehicle
       hire premises are not to direct staff to park off site.
13.    No hire vehicles are permitted to be displayed for hire purposes or otherwise parked
       In the Noosa Drive road reserve, adjacent to this site or the driveway within the site.
       Any vehicles left in that road reserve area by customers returning the vehicles, shall
       be immediately removed to within the site by the operator of the vehicle hire business.

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Additional Conditions
 x.         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       Rev.    Plan/Document Name                              Date
           No.

           1                  Lot 208 – Layout Plan (JL)
           2                  Lot 301 – Layout Plan (JL)
           3                  Lot 302 – Layout Plan (JL)

      x.       The Indoor Sport and Recreation Use must not operate outside the hours of
               5am to 9pm.


If you have any further queries in relation to the above, please do not hesitate to contact
myself.


Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA MQELA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227