Delegated Report - Code - Planning MCU21 0106

Author	Blake Coulston/Nick Cooper
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0106
Applicant	Fitstop Coolum
Proposal	Material Change of Use - Indoor sport and recreation
Properly Made Date	15 June 2021
Information Request Date	13 July 2021
Information Response Date	22 July 2021
Decision Due Date	26 August 2021
Report Completed Date	26 August 2021
Report Reviewed By	Patrick Murphy 26 August 2021

PROPERTY DETAILS
Property Address	Noosaville Central 3/11 Gibson Rd Noosaville Qld 4566
RP Description	BUP 105546, Lot 3 BUP 105546
Land Area	292m² 3559m²
Existing Use of Land	Showroom

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	District Centre
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils (Above 5 AHD)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Indoor sport and recreation. Fitshop will occupy the existing Shop 3 within the Noosaville Central complex. No alteration to the external built form is proposed. The proposed use will repurpose the existing showroom tenancy.
The Fitstop business model operates fitness classes typically including full body movements using barbells, dumbbells, dead balls and kettle bells, as well as a range of body weight movements for 45 minutes.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Floor Plan
site details
Site Description
The site forms part of a Building Unit Plan which includes 4 showrooms consisting of 3 x retail tenancies which primarily operate between 9am-5pm, and the subject tenancy (shop 3) with a floor area of 292m2. The site gains access to Gibson Service Road via an existing crossover. An existing car parking arrangement for the site includes 26 visitor parking bays

Surrounding Land Uses
The subject site is located along the southern boundary of the District Centre zone. Immediately to the south is the low density residential zone. North of the site is the Noosa Village Shopping Centre.

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
District Centre Zone Code;
Noosaville Local Plan Code;
Recreation Activities Code;
Works Codes
The subject site is located in Noosaville and is zoned District Centre. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Amenity
Performance Outcomes PO9 and PO10 of the Recreation Activities Code seeks that recreation activities operate within a timeframe that avoids negative impacts on the amenity of the surrounding area and sensitive land uses; and recreation activities are designed and operated to avoid noise emissions that unreasonably impact on the amenity of the area and sensitive and uses.
It is noted, the tenancy is approximately 6 metres north of a residential zone. The proposed gym adjoins retail / showroom tenancies of which operate standard business hours.
The applicant proposes the following details regarding class hours of operation
Maximum attendees per class is 36 people
Monday through to Friday will see the first classes begin operation at 5am, with the final morning class concluding at 10am.
Afternoon classes will operate from 4.15pm and conclude at 7pm.
Saturday mornings includes 2 x sessions being held at 6am and 7am. The business will be closed on Sundays
The applicant concludes / states the following in relation to noise assessment and mitigation:
“..It is important to note that some noise does not necessarily constitute a noise nuisance under the local laws.. Given the proposed business operational hours, noise mitigation techniques (proposed and existing), it is unlikely the business will cause a nuisance to adjoining properties. With the added benefit of:
• R2.5 insulation -This insulation alone will reduce noise levels to a maximum of 51dB(A)
• Gyprock Soundcheck - The plasterboard has improved sound transmission is utilised as a noise reduction technique.
• Extensive, established vegetation buffer along the southern boundary
• 1.8m high fence along southern boundary
• Buildings orientated towards Gibson Road, away from sensitive land uses”
The applicant was requested to carry out an acoustic assessment / report, however declined to do so instead submitting additional information in response to concerns raised by Council.   Without a qualified acoustic report that demonstrates the business is able to operate without causing noise emissions that will unreasonably impact on amenity, protection of residential amenity is at risk particularly when the classes will operate in the early mornings with amplified music and instructors and is located within proximity of residential uses adjoining the site.  It is considered the development has not demonstrated compliance with PO9 and P10 of the Recreation Activities Code.
Despite this noncompliance, conditions to ensure acoustic emissions are controlled to industry accepted levels have been recommended including the requirement for acoustic assessment and certification.  The conditions will ensure the development will be required to operate in manner that does not cause unreasonable impact on the amenity of surrounding land uses.
Carparking
Acceptable Outcomes AO6.1, and AO6.4 of the Driveways and Parking Code seek developments include sufficient parking for customers and staff. AO6.1 requires that the number of car parking spaces, motorcycle spaces, bicycle spaces and loading bays is not less than the minimum number specified in Table 9.4.1.4 Minimum parking requirements including end of trip facilities. AO6.3 requires that secure and convenient parking spaces for bicycles are designed and provided on site in accordance with AS2890.3 AO6.4, bicycle spaces and end of trip facilities need to be accessible to all users
Table 9.4.1.4 Minimum parking requirements including end of trip facilities, indicates the proposed gym requires 15 car parking spaces, 1 motorcycle space and 6 bicycle spaces. No motorcycle spaces are provided onsite, and bicycle spaces are provided within the proposed tenancy.  26 car parking spaces are available onsite for the 4 tenancies.  The carparking supply for each tenancy is calculated by dividing by the total GFA 1170m2 by 26 spaces which provides for a car parking supply of 1 space per 45m2 of GFA, which is also comparable to the planning scheme requirement for 1 space per 50m2 for showroom tenancies.  Based on this rate 1 space per 45m2 of GFA the spaces available to tenancy 3 is 7 spaces, a shortfall of 8 spaces from the required 15.  As the proposal is unable to comply with the required number of carparking spaces specified in A06.1 assessment of PO6 of the Driveways and Parking Code is required
PO6
Sufficient parking
is provided having regard to the specifics of the use including—
the type and intensity of land use;
any existing parking available on the site;
hours of operation;
likely numbers of users;
accessibility to the site by means other than private motor vehicle;
the peak parking demand periods of uses on the site; and
the availability of alternative car parking; and

b) is provided to accommodate the number and type of vehicles and motorcycles likely to be generated by the development.
As the gym proposes hours that are outside of normal business hours ie. Before 9am and after 5pm it is considered that this will be outside of the typical peak demand period for car parking on the site and the availability of additional car parking allocated for the other 3 tenancies are likely to be available.  Therefore, sufficient car parking is likely to be available before 9am and after 5pm.   However, during the hours of 9am to 5pm, the peak demand period for carparking of other businesses, the likely number or users to the gym however is typically lower as demonstrated by the applicant, see figure 3 below.

Figure 3 – Class attendance rates

Figure 3 demonstrates that typically classes operated at 9.15am average less than 6 people and classes commencing at 4.15pm averaged 10 participants over a 6 month period.
In terms of the likely number of users in considering car parking demand, it is considered reasonable to apply advice previously received by Council from Traffic Consultants regarding car parking demand for gyms and that a rate of 0.80 spaces per person is applied in order to ensure an appropriate number of spaces is available for the anticipated number of users.  This rate is based on circumstances where most customers drive their own cars, but there is a small amount of ride sharing, and a small amount of walk and cycle.
As previously considered the tenancy is capable of providing 7 car parking spaces as part of the 26 spaces available to the 4 tenancies onsite. An additional space is provided for staff as the loading bay can be utilised by gym staff. Bearing this in mind, the maximum number of customers/class attendees during the 9am to 5pm period should be capped at 9 people.  9 attendees at a car parking rate of 0.8 = 7.2 spaces.    A condition limiting the class sizes to 9 people during the hours of 9am to 5pm is therefore recommended.  This condition is not considered an onerous position for the business as demonstrated by their submission, class numbers are typically low during these hours.
In with respect to motor cycle parking, as the carparking is existing and already developed and there is no ability to provide additional space for motor cycle spaces it is considered unwarranted to require the applicant to provide spaces.
cONSULTATION
Referral Agencies
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Environmental Health Coordinator
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0106 for a Material Change of Use - Indoor sport and recreation situated at Noosaville Central 3/11 Gibson Rd Noosaville Qld 4566 and described as BUP 105546, Lot 3 BUP 105546, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0106
Street address:	Noosaville Central 3/11 Gibson Rd Noosaville Qld 4566
Real property description:	BUP 105546, Lot 3 BUP 105546
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Indoor sport and recreation
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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 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 No.	Rev.	Plan/Document Name	Date
SK1	-	Fitshop Noosa Proposed Layout	18/03/2021
Nature and Extent of Approved Use
Class size must not exceed a maximum of 9 customers /persons at any one time, between the hours of 9am to 5pm Monday to Saturday inclusive.   Class size is limited to a maximum of 36 people at any one time during other times.
Class activities are restricted to within the building.  No class activities are permitted outside the building on the premises.
Acoustics
Prior to the commencement of the Indoor Sport and Recreation use:
Prepare an acoustic impact assessment, prepared by a suitably qualified acoustic consultant, in accordance with the Environmental Protection (Noise) Policy 2019. The report must incorporate the following:
an assessment of emissions from plant and machinery including gym class audio on the site affecting surrounding sensitive receivers
recommended noise attenuation measures to address impacts
an Operational Phase Noise Management Plan, including complaints management processes
Acoustic Amenity criteria - At boundary of the adjoining residential properties during day time LAeq not greater than 55 dB(A), evening (5pm to 10pm) LAeq not greater than 45 dB(A) and night time (after10pm to 7 am the next day) LAeq not more than 40dB(A).  Note- T equals either a relevant representative 15 minutes or if the duration of the noise occurs for less than 15 minutes the duration of the noise source.
Submit the acoustic impact assessment to and obtain approval from Council.
Implement all noise attenuation measures recommended in the approved acoustic report so that noise is controlled to the levels specified.
Submit certification from a suitably qualified acoustic consultant that
The noise attenuation measures specified in the approved acoustic report have been implemented, and
The results of on-site measurements confirm the measures as implemented have achieved the required levels of noise attenuation specified in the approved acoustic report.
Ensure operation of the premises complies with the approved Operational Phase Noise Management Plan.
Currency Period
This development approval lapses if the use has not happened by 26 August 2027, unless an application to extend the currency period is approved by Council.
Bicycle parking
Six (6) bicycle parking spaces are to be provided within the tenancy.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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FITSTOP — NOOSA, QLD
PROPOSED LAYOUT - 18-03-2021 SK1

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TABLE 6: FITSTOP COOLUM CLASS ATTENDANCE RATES.