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Delegated Report - Code - Planning MCU23 0131 [As Published]

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  External Consultant
                                       C/-Development Planner, Georgina Schramm
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   MCU23/0131

                  Applicant                         Claire Elizabeth Devine C/- RG Strategic

                  Proposal                          Material Change of Use - Indoor sport and recreation

                  Properly Made Date                20 October 2023

                  Information Request Date          Not Applicable

                  Information Response Date         Not Applicable

                  Decision Due Date                 8 December 2023

                  Report Reviewed &                 Tara Norley – 17 November 2023
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                  3/3 Station St Pomona

                  RP Description                    Lot 3 SP 207543

                  Land Area                         Total Site Area – 11,892m2 / Shop 3B – 88m2

                  Existing Use of Land              Medical Centre, Shops, Bakery


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Local Centre

                  Precinct                          Not Applicable

                  Local Plan Area                   Hinterland Communities

                  Overlays                          Heritage (Character Area)
                                                    Landslide Hazard

                  Assessment Type                   Code




Document Set ID: 22638304
Version: 6, Version Date: 17/11/2023
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Page 2

               1.     PROPOSAL
               The application seeks approval for a pilates studio to establish within tenancy 3B at 3 Station
               Street, Pomona. The proposed pilates studio will include a reception area, pilates reformer area
               and amenities and storage. No changes are proposed to the external built form or the site’s car
               parking/landscape areas, with the tenancy fitted out internally for the proposed use.
               The studio is proposed to open 24 hours a day, 7 days a week, with 1 staff member available on-
               site Monday to Saturday 8am to 12pm and Monday to Friday 4pm to 7pm. The applicant proposes
               to offer individual based workouts with a virtual library of reformer pilates classes, complemented
               by the guidance of an on-site instructor during staffed hours. The reformers are equipped with
               user-friendly devices and wireless headphones and thus classes will be available 24 hours a day,
               each lasting an hour.
               The locality and proposal plans are included below.




                                                        Figure 1 – Locality




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Document Set ID: 22638304
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                                       Figure 2 – Site Plan




                                       Figure 3 – Floor Plan




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Document Set ID: 22638304
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                                                         Figure 4 – Elevations

               2.     SITE DETAILS
               2.1. Background
               The original development permit in effect for the site was given on 2 March 2006 (Negotiated
               Decision Notice). The approval was for shops, medical centre and a caretaker’s residence and
               required provision of 23 on-site car parking spaces and 15 street car parking spaces.
               On 24 February 2015, a Generally in Accordance Letter was issued to endorse a revised plant
               schedule for the subject site.
               2.2. Site & Surrounding Land Use Description
               The site is located within the hinterland village of Pomona and adjoins the Pomona Hotel and the
               Pomona bowling club. To the rear of the site includes a range of shops and offices with the Art
               and Information Centre opposite and beyond the railway line.
               The tenancy is part of a larger commercial development which included a number of tenancies with
               the street car parking located to the site’s frontage in Station Street constructed as part of the site’s
               development.
               3.     ASSESSMENT
               3.1. 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 2107;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020.
               3.2. Noosa Plan 2020
               The subject site is located in Pomona and is zoned Local Centre. The proposed use is identified
               as a consistent use within the zone and is required to follow a code assessable application process.
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Hinterland Communities Local Plan Code;

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               •       Local Centre Zone Code;
               •       Recreational Activities Code;
               •       Works Codes.
               The proposed studio complies with the above codes, noting though that many of the requirements
               are not applicable given the studio is proposed within an existing building and no external works
               are proposed.
               The proposed use is consistent with Pomona’s role to offer a range of convenience goods and
               services for the community and is expected to contribute to the lifestyle and amenity of residents.
               It is of a type and scale consistent with the Pomona local centre and will not compromise the
               hierarchy of centres. A minimum of 50% transparent glazing to shop fronts to create active building
               fronts will need to be maintained. Any noise emissions will need to be minimised to ensure it does
               not impact on surrounding tenants or the on-site caretaker given the use is proposed to operate
               24 hours a day, 7 days a week and will not always be staffed. The use of headphones by reformer
               patrons is expected to minimise noise emissions.
               The Noosa Plan 2020 sets a similar car parking rate for shops and indoor recreation of 1 space
               per 20m2 of use area, though notably at the time of the original approval the rate for a shop was
               slightly higher at 1 space 20m2 for up to 100m2 and 1 space per 15m2 or part thereof of total use
               area thereafter. This amounts to approximately 5 – 6 spaces available for this tenancy. This
               parking may be insufficient during peak/popular times, though due to no set class times is unlikely
               to result in significant parking problems in the area.
               4.      CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               4.2. Internal Council Referrals
               Not applicable
               5.      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 MCU23/0131 for a Material Change of Use - Indoor sport and
               recreation situated at 3/3 Station St Pomona and described as Lot 3 SP 207543, it is recommended
               the application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              MCU23/0131

                   Street address:              3/3 Station St Pomona

                   Real property description:   Lot 3 SP 207543

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Material Change of Use - Indoor sport and recreation (Pilates)


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               3.     CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.     ASSESSMENT MANAGER CONDITIONS

               PLANNING
                      When Conditions must be Complied With
               1.     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.
                      Currency Period
               2.     This development approval lapses if the use has not happened by 17 November 2029 unless
                      an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                         Plan No.            Rev.    Plan/Document Name                              Date

                         002748              A       Site & Car Parking Plan prepared by RG 6 Oct 2023
                                                     Strategic

                         WD.201 Issue P1     A       Proposed Floor Plan prepared by Claire 1 Oct 2023
                                                     Devine Design Co

                      Nature and Extent of Approved Use
               4.     The approved Indoor Sport and Recreation is for a pilates studio only.
                      Amenity
               5.     The operation of the approved use must not cause a nuisance, including a noise nuisance.
                      The building must be fully enclosed and any noise emissions must be minimised with any
                      amplified music or the on-site instructor not audible outside the tenancy at any time.
                      Building Appearance
               6.     No inclusions or alterations are permitted to the external built form or site without approval in
                      writing by Council.
               7.     The glazing must be fully transparent to a minimum of 50% of the tenancy front to maintain
                      an active frontage.
                      Car Parking
               8.     The on-site car parking spaces shown on the Approved Plans must be made available at all
                      times to staff and patrons attending the use.
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:




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                      Advertising Devices
               1.     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
               2.     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
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required               Subject of the required Development Permit

                Development Permit for Building Works             All building works

               10.    SUBMISSIONS

               Not applicable.
               11.    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.
               12.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




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Document Set ID: 22638304
Version: 6, Version Date: 17/11/2023

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