Negotiated Report (Representations made) MCU18 0142 · MCU18/0142

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0142
Development Approval	Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Pilates Studio)
Applicant	Bare Bones Movement Pilates Pty Ltd ATF Loke Family Trust
Representations Received On	15 November 2018

PROPERTY DETAILS
Property Address	1/2 Lanyana Way Noosa Heads Qld 4567
RP Description	Lot 12 RP 129285
Land Area	496m²
Existing Use of Land	Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Business Centre
Overlays	Nil
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Pilates Studio) was issued on 18 October 2018.
The applicant suspended the appeal period on 7 November 2018 and made representations on 15 November 2018 to the development approval conditions. The representations are detailed below in relation to the maximum number of clients and staff on the site at any one time.
assessment
An assessment in relation to the submitted representations is provided below:
Condition 6
6.	The maximum number of clients per class must not exceed 11.
Condition 7
7.	The total number of employees on the site at any one time must not exceed 2.
Applicant’s Representation
The applicant seeks to increase the maximum number of persons (clients and staff) on site at any one time.
Table 14-51 within the Driveways and Carparking Code prescribes the minimum vehicle parking requirements for a Type 2 Recreation, Amusement & Fitness use. The prescribed minimum carparking requirements are detailed in Table 1 in relation to the proposed Use Area. As per discussions with Council staff, the prescribed carparking requirements for the proposed Pilates studio is to be offset by the existing carparking infrastructure provided for the approved Retail Business Type 2 Shop and Salon.
Table 1: Carparking Requirements
Use	Code Requirement	Planning Scheme Criteria	Carparking Requirement
Approved Use	Retail Business Type 2 Shop and Salon	1 space per 20m2, or part thereof, of use area for areas up to 100m2 (excluding outdoor dining area); AND 1 space per 15m2 or part thereof of use area for areas in excess of 100m2 (excluding outdoor dining area);	6.33 spaces (staff report)
Proposed Use	Entertainment and dining business – Type 2 Recreation, amusement & fitness	1 space per 20m2, or part thereof, of use area; OR 1 space per 3 persons capable of being entertained at any one time, whichever is the greater.	118m2 Use Area = 5.9 carparking spaces required
At present 6.33 car parking spaces are provided as of right, as detailed with the Council Officer’s delegated report. Therefore, using the prescribed car parking requirements, the Noosa Plan permits 18 persons “capable of being entertained at any one time” on site.
Table 1 demonstrates that the proposed use does not generate additional carparking and sufficient carparking infrastructure is provided to service the proposed Pilates studio (Entertainment and Dining Business- Type 2 Recreation, Amusement & Fitness).
Council’s Condition of a maximum client and staff number of 13 (combined) presents a restriction on the operational capacity of the Pilates Studio as it evolves and establishes itself and its product within the marketplace.
As provided in the application material it was recognised the locality and provision of public transport, on street car parking available and bicycle parking. Operationally a 15 min break is proposed and conditioned between each class to ensure a reduction in any potential impact. The as of right carparking complies with both the Code requirements for GFA calculation of number of persons on site to a maximum of 18 persons.
An amendment to the Conditions provides the applicant with flexibility in relation to the types of classes available, and permits opportunities for additional staff to be trained within classes in the future.
Proposed Conditions
We recommend that Condition 7 be deleted from the Decision Notice as it can be addressed within Condition 6.
We propose that Condition 6 be amended to read;
Maximum Clients and Staff
6. The maximum number of clients and staff per class must not exceed 18.
7. The total number of employees on the site at any one time must not exceed 2.
Assessment of Representation
The conditions relating to the maximum number of clients and staff included within the original decision were imposed considering the maximum numbers proposed by the applicant for the proposed use.
With regard to the requirements of the Driveways and Carparking Code and existing lawful carparking credits for the subject tenancy, the above request complies and is considered reasonable and suitable for the subject use and site. Furthermore, the availability of nearby public and active transport opportunities encourages users of the development to travel to and from the site by alternative modes, and subsequently assists in reducing the carparking and surrounding road network demand and use. The request is therefore supported.
Recommendation
It is recommended to agree to a negotiated decision as per the applicants above request.

conclusion & reasons for decision
The applicants request complies with the requirements of The Noosa Plan and is considered reasonable with regard to the approved use on the subject site.
RECOMMENDATION
With regard to Application No. MCU18/0142, and the representations made, Council on 21 November 2018 decided to:
A.	Agree to amend condition 6 to read as follows:
6.	The maximum number of clients and staff per class must not exceed 18.
B.	Delete condition 7.

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