Negotiated Report (Representations made) MCU21 0057

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0057
Development Approval	Development Permit for Material Change of Use of Premises (Indoor Sport & Recreation)
Applicant	Stockwell NC P/L TTE
Representations Received On	5 July 2021
Number of Submissions for Original Application	Not Applicable

PROPERTY DETAILS
Property Address	Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
RP Description	Lot 3 SP 246584
Land Area	31.7300 Hectares
Existing Use of Land	Showroom

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Major Centre
Overlays	Not Applicable
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Indoor Sport & Recreation) was issued on 11 June 2021
The applicant suspended the appeal period and made representations on 5 July 2021 to the development approval conditions. The representations are detailed below but primarily relate to the hours of operation that the use can occur.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 5

Applicant’s Representation

Assessment of Representation
The application was conditioned as per the proposed operational hours provided by the applicant. However, the application has already demonstrated, through the traffic report, that there is an abundance of available carpark spacing on the site, without the need to limit the hours of operation as per PO6 of the Driveways and Parking Code.

The proposed changes of operational hours will not raise any significant car parking concerns of the site and that there is a sufficient amount of car parking spaces provided. Therefore, is generally accepted.

conclusion & reasons for decision
The request does not have any significant impacts on the availability of car parking spaces on the site and is generally accepted.
RECOMMENDATION
With regard to Application No. MCU21/0057, and the representations made, Council on 11 June 2021 decided to accept the representations to:
Approve the change
Amend Condition 5 to read as follows:
The Pilates studio may operate during the following hours:
5:00AM-9:00PM, 7 days a week.

[word/footer1.xml]
Page 2 of 2

[word/header1.xml]
3

[Attachment: image1.png (image text)]
5. The Pilates studio may operate during the following hours:
e Monday to Friday: 5:15AM-10:30AM & 4:30PM-6:15PM;
e Weekends: 7AM — 11AM & 3:30PM — 5:15PM


[Attachment: image2.png (image text)]
5. The Pilates studio ma y operate during the ° following hours:

 

e 5:00AM-9:00PM, 7 days a week


[Attachment: image3.png (image text)]
The adjoining development approval MCU17/0555 for the F45 gym is approved to operate
from 5am to 9pm Monday to Sunday. Although the application describes how the current
pilates studio includes current peak hours for classes, the applicant seeks to have the
ability to have classes outside of these times if there is a change in need for times and
demographics, similar to the F45 gym.

The change in condition will have no impacts on carparking demand or amenity, with the
adjoining gym operating at similar times and noise restrictions.