Council Planning Report MCU16/0137

MCU16/0137 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES – ENTERTAINMENT & DINING BUSINESS TYPE 2 – RECREATION, AMUSEMENT & FITNESS (FitNESS CENTRE) AT NOOSA HOME 5/8 SELKIRK DR NOOSAVILLE

Document information

Author	Development Planner, Lisa Pienaar
Planning & Infrastructure Department

Index	ECM/Application/MCU16/0137

Attachments	1.  	Proposed Plans

APPLICATION DETAILS
Applicant	Gelherult No 2 Pty Ltd
Proposal	Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Fitness Centre)
Properly Made Date	7 November 2016
Information Request Date	19 December 2016
Information Response Date	2 March 2017
Decision Due Date	6 June 2017 (extended from 8 May 2017)
Number of Submissions	1
PROPERTY DETAILS
Property Address	Noosa Home 5/8 Selkirk Dr NOOSAVILLE  QLD  4566
RP Description	Lot 5 SP 188669
Land Area	719 Square Metres
Existing Use of Land	Vacant tenancy in a complex of 14 Industrial tenancies
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards Overlay – Potential Acid Sulfate Soils
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 June 2017 regarding Application No. MCU16/0137 for a Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Fitness Centre) situated at Noosa Home 5/8 Selkirk Drive Noosaville and:
Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Plan No.	Rev.	Plan Name	Date
Job No. 2016/61	A	Proposed Ground Floor Plan, drawn by Architectural Solutions – Building Design	2 October 2016
Job No. 2016/61	A	Proposed Mezzanine Floor Plan, drawn by Architectural Solutions – Building Design	2 October 2016
Nature and Extent of Approved Use
Approval is for a Fitness Centre in tenancy No. 5 in the Noosa Home complex with a total gross floor area of 719m2.
The Fitness Centre class size must not exceed a maximum of 20 persons at any one time.
The Fitness Centre may operate 24 hours a day, Monday to Sunday.
The number of overlapping fitness classes between the hours of 8am and 4pm on weekdays is limited to 2 and there must be no more than 3 overlapping classes between 5.30pm and 6.30am on weekdays. Overlapping classes are classes that either directly overlap in time, or where there is less than half an hour between the conclusion of one class and the start of another.
Acoustics
The use must be in accordance with The ‘Desk Top Environmental Noise Impact Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report No. R17015, prepared by David Moore and Associates Pty Ltd dated 1 March 2017; unless varied by the following:
Ensure all windows and doors facing Walter Hay Drive cannot be opened;
There is to be no amplified music or voices between the hours of 7pm and 7am.
Advertising Signage
Any advertising sign or device must comply with Council's policies on advertising.
Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
Gyms (fitness centres) are generally floor area intensive and require tenancies within industrial units that are most readily found in the Industrial Zone;
Some sport and recreational uses are accepted an Industry zone given the potential impacts of sport and recreation uses; and
The fitness centre is of a similar size and scale to other approved Entertainment & Dining Business’s Type 2 within the Noosaville Industrial area.

REPORT
PROPOSAL
The application seeks approval for a Development Permit for a Material Change of Use for Entertainment and Dining Business Type 2 (Fitness Centre). The application seeks approval for a 719m² Fitness Centre within an existing industrial building over 2 levels. No building work is required to accommodate the use.
The applicant seeks approval for a Fitness Centre that operates 24 hours a day, Monday to Sunday. Classes and staffed for classes Monday to Fridays and 4pm–7pm and Saturday 7am–12pm. A crèche for members will be available for up to 12 children between 9am–12pm for 2 sessions, Monday to Friday.  Classes are capped at 20 per class.
Up to 13 staff will be employed which includes 2 permanent staff, 2 sales staff, 2 creche attendants and 5 group fitness instructors.
SITE DETAILS:
Background / Site History
The existing development was approved via Development Approval 132005.180 for a Material Change of Use for Vehicle Sales Premises, Warehouse and Light Industry (being uses defined under the now Superseded Planning Scheme for the Shire of Noosa).
This tenancy was previously occupied by an interior design company (Blink Living). A pre-lodgement meeting was held regarding the proposed use in 2014 with regard to utilising this tenancy for Type 1 Warehouse, Wellbeing – Type 2 Social and Type 1 office. The proposal did not proceed.
Site Description
The site has a building housing 14 industrial tenancies, with 94 parking spaces. The tenancy has frontage to Walter Hay Drive with access from Selkirk Drive. Refer to Figure 1 – frontage and Figure 1a – No 5/8 Selkirk Drive. There are various tenancies within this complex (name being Noosa Home) which include uses such as a pool shop, furniture and electrical warehouse, printing and wedding planning company, auto parts and camp equipment warehouse. Refer to Attachment 1 for the layout of the gym over the 2 levels.

Figure 1 – frontage

Figure 1a - No 5/8 Selkirk Drive.

Overlay Provisions
One planning scheme overlay is applicable to this application, being Natural Hazard Overlay – Acid Sulfate Soils. The application is for a use within an existing building and therefore the Overlay provisions are not triggered.
STATUTORY ASSESSMENT:
The application has been assessed against the following statutory instruments, including:
the South East Queensland Regional Plan;
any applicable state planning policies;
the state planning regulatory provisions.
The site is located within the Urban Footprint of the South East Queensland Regional Plan. The proposal is for an urban activity within the Urban Footprint. The proposed development is consistent with the regional land use intent, regional policies and desired regional outcomes for the Urban Footprint.
Statutory Instruments – Planning Scheme
The applicable planning scheme for the application is The Noosa Plan (28 October 2016).  The following sections relate to the provisions of the Planning Scheme.
Local Area Provisions
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed use is Entertainment and Dining Business Type 2 – Recreation, Amusement. Fitness is an inconsistent use in the zone and is required to follow an impact assessable application process.
The assessment is subject to a “whole-of-planning-scheme” assessment; with the following codes identified as the most applicable;
Noosaville Locality Code;
Business Uses Code;
Driveways and Car parking Code.
The Overall Outcomes of the Industry Zone seek that land in this zone is protected for industrial functions… to the exclusion of incompatible uses including Residential Uses, Community Uses, Commercial business and most sport and recreation uses and Retail business uses.
Although the proposed use is an inconsistent use within the Industry Zone of the Noosaville Locality, the Overall Outcomes identified for the Industry Zone acknowledge some sport and recreational uses are accepted in the zone. It is also recognised that gyms are generally floor area consumptive and difficult to locate in business centres, with industrial tenancies fulfilling these requirements.
The proposed use will be wholly contained within the existing building/tenancy while retaining the existing approved use rights of the warehouse and light industry for the remaining tenancies. Given the nature of adjoining uses, the proposed entertainment and dining use is considered complementary.
The proposed entertainment and dining use is considered compatible with the Industry Zone in conjunction with the existing light and service industry uses. Based on the location of the site and characteristics of the use, it is considered that the proposal be supported as it aligns with the Overall Outcomes of the Noosaville Locality.
Business Use in an industry zone
The proposal seeks to occupy an industrial unit within an existing complex and therefore the provisions of the code have been addressed.
In regard to the issue of noise, the proposed fitness centre is within an existing industrial unit in an Industrial zoned area. Other industrial businesses which are self-assessable have higher noise components to that proposed. The use of the site for a Fitness Centre is not expected to generate noise above those levels associated with an industrial use.
An acoustic report was submitted in response to the information request: The Desk Top Environmental Noise Impact Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report No. R17015, prepared by David Moore and Associates Pty Ltd dated 1 March 2017. The report was assessed by the Environmental Health Branch and conditions recommended.  The report may be referenced by a condition and conditions will be placed on the approval to ensure there is minimal noise impacts on nearby properties.
Carparking
In order to achieve compliance with the Driveways and Carparking Code, the development must provide onsite carparking. A total of 94 spaces has been provided under the previous Town Planning Consent for Vehicle Sales Premises, Warehouse and Light Industry. Car parking for the Entertainment & Dining Use is required at a rate of 1 space per 20m2 or 1 space per 3 persons being entertained requiring a total of 34 carparking bays based on the floor area. Based on the previous carparking rate the tenancy has generally 14.4 spaces available.
The applicant’s consultant (correspondence prepared by TTM Consulting and dated 14 September 2016 and 12 January 2017) determined parking demands at the site through a parking demand survey on a peak day for gym operation, applying surveyed parking demands to tenanted units to determine current parking rates and applying these rates to a full site occupation (excluding Unit 5). Findings concluded that parking demand is currently quite low.
Council’s traffic consultant reviewed the applicant’s parking analysis and advises a rate of 1.5 persons per car space is considered appropriate and reflective of the likely parking demand for a fitness centre. Council’s consultant further advise that based on ‘the 1.5 person per car scenario, and the number of overlapping group fitness classes restricted during the busier existing parking demand times for the existing development, there would still be spare parking capacity of 24 cars at the busiest time of day, which would allow headroom for a reasonable level of increase in the level of parking activity associated with the existing site uses’.
Based on this, Council’s traffic engineer suggested that there would be sufficient car parking, provided that:
Fitness classes are limited in size to no more than 20 persons;
The number of overlapping group fitness classes between the hours of 8am and 4pm on weekday is limited to 2. Note: TTM suggested this and additionally that there be no more than 3 overlapping classes between 5.30pm and 6.30am. Overlapping classes are classes that either directly overlap in time, or where there is less than half an hour between the conclusion of one class and the start of another.
Therefore, conditions are recommended to limit the class sizes to a maximum of 20 and prevent classes overlapping so that there are sufficient spaces available at any one time. Typically, there are a limited number of classes between 12pm and 5pm, with peak periods before 7am and from 5pm, when parking demands for parking for light industry uses are less.
On this basis the proposed fitness centre use in conjunction with the existing light industry uses have sufficient carparking available on site to address likely parking demands.
CONSULTATION:
IDAS Referral Agencies
The application was not referred to any IDAS referral agencies.
Other Referrals
The application was forwarded to the following internal council specialists:
Development Engineer
Environment Officer
Traffic Engineering (Consultant)
Their assessment forms part of this report.
Public Notification
The application was publicly notified for 15 days in accordance with the requirements of the Sustainable Planning Act 2009. One properly made submission was received. The public notification ran from Friday 10 March to Friday 31st of March 2017.
The following table provides a summary and assessment of the issues raised by submitters.

Issues	Comments
The submitter is concerned there may be noise levels that will impact on the retirement village located at 35 Walter Hay Drive Noosaville.	The retirement village is located opposite the proposed Fitness Centre on the opposite side of Walter Hay Drive. The Fitness Centre will be air conditioned, with no need to have open windows/doors.  The use will be conditioned to ensure that windows/doors cannot be opened on the Walter Hay Drive side and that there is no amplified music/voices between 7pm and 7am.

CONCLUSION:
Overall it is considered that:
Gyms (fitness centres) are generally floor area intensive and require tenancies within industrial units that are most readily found in the Industrial Zone;
Some sport and recreational uses are accepted an Industry zone given the potential impacts of sport and recreation uses; and
The fitness centre is of a similar size and scale to other approved Entertainment & Dining Business’s Type 2 within the Noosaville Industrial area.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 JUNE 2017

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY