MCU17/0005 Development Application For Material Change Of Use Entertainment And Dining Business Type 2 Recreation, Amusement & Fitness (Paintball), 113 Marara St Cooroy

MCU17/0005 Development Application for Material Change of Use Entertainment and Dining Business Type 2  Recreation, amusement & fitness (paintball), 113 Marara St Cooroy

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM/Application/MCU17/0005

Attachments	Nil

APPLICATION DETAILS
Applicant	Hope Central Church
Proposal	Development Application for Material Change of Use of Premises – Entertainment and Dining Business Type 2 – Recreation, Amusement & Fitness (Paintball)
Properly Made Date	10 January 2017
Information Request Date	8 February 2017
Information Response Date	10 August 2017
Decision Due Date	14 November 2017
Number of Submissions	3
PROPERTY DETAILS
Property Address	113 Marara St Cooroy
RP Description	Lot 2 RP 225978
Land Area	23,500 m2
Existing Use of Land	Place of Worship
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake McDonald
Zone	Rural zone
Overlays	Biodiversity Overlay – Environment Protection Area and Riparian Buffer Natural Hazard Overlay – Flooding and Bushfire (Potential Buffer and High Potential Koala Habitat Areas – Remnant Habitat
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 September 2018 regarding Application No. MCU17/0005 for a Development Application for Material Change of Use of Premises – Entertainment and Dining Business Type 2 – Recreation, Amusement & Fitness (Paintball) situated at 113 Marara St, Cooroy and:
Refuse the application for the following reasons:
The proposed development is an inconsistent use in the Rural Zone and the increase in traffic on Marara Street from the proposed development is not contemplated by The Noosa Plan.
The proposed development is contrary to the Transport, Roads and Drainage Code as the development will compromise the capacity and safety of Marara Street.
The current condition of Marara Street is not capable of safely accommodating any increase in traffic from the proposed development and a satisfactory solution has not been identified to address the constrained sections of Marara Street given the current road formation and environmental constraints.
A number of properly made submissions have been received raising valid grounds of objection.
Advise the applicant that an indoor play centre does require a further development approval to operate from the site and such a use would significantly impact on the safety of Marara Street were such a use to commence.

REPORT
PROPOSAL
The proposal is to accommodate outdoor paintball activities on the Hope Central Church Site in Cooroy. The hours of operation for paintball activities are proposed to be run 5:30-10pm Wednesday to Sunday with a maximum number of players of 20, plus 3 staff members. Games are proposed to be completed by 9.30pm.
Paintball activities are proposed to be located within the existing cleared and lightly treed areas of the grounds to the north of the northern car park and to the west of the existing auditorium. The times specified for paintball activities cover the possible spread of opening hours depending on bookings, with 1 session running per day. A session is 3 hours of multiple games with a maximum of 20 players per session. A group of 20 players will play on one field at a time, rotating between fields for different games.
Refer Figure 1 – proposed paintball fields and Figure 2 – general location of paintball fields.

Figure 1 – Proposed paintball fields

Figure 2 – General location of paintball fields (outlined in blue – aerial).
Red hatching is an easement (environment).
site details
Background
Historical Application History
In 1991, Council approved a town planning consent application for a place of worship and manse over the site. Conditions included the upgrading of Marara Street. This permit was not acted upon and lapsed in 1996.
In September 1997, a new application was made for a place of worship and church activities utilising an existing dwelling on site. The application was advertised, but the church did not continue with the proposal.
In 1998 Council approved (11871 TC) a place of worship and activities relating to the conduct of the church, new buildings over 3 stages as follows:
Stage 1 – hall seating up to 60 persons, kitchen, toilet and storage facilities having a gross floor area of 169m2.
Stage 2 – larger auditorium/hall to seat up to 170 persons and convert the area subject to Stage 1 to 3 offices.  The total gross floor area of 416m2.
Stage 3 – church auditorium providing seating for 250 persons. Upon completion of this stage, Stage 2 hall to be used for Sunday School sessions and youth group meetings. Stage 3 totals 360m2.
The completion of all stages resulted in a single auditorium seating up to 250 persons, Sunday School, youth group rooms, staff offices, kitchen, toilet and storage facilities, totalling 945m2. The single storey dwelling on site has been retained.
As part of this previous approval, Council conditioned the sealing of Marara Street to 4 metres on the 8 metre wide formation, from the intersection of Marara Street and Mary River Road to the furthest on site car park (north of building) and a contribution of $5,500 to the future upgrade of the Marara Street/Mary River road intersection.
The applicant appealed these conditions. The appeal was settled out of court with Council accepting the following requirements for roadworks:
Construction of a Type 1 intersection at the intersection of Marara St and Mary River Road;
An 8 metre wide sealed formation for the first 50 metres of Marara Street;
Construction of a 4 metre wide gravel road on the 8 metre formation with sufficient passing places, varied to retain, where possible, all vegetation and drainage structures;
A 4 metre wide sealed formation for a distance of 100 metres along the frontage of the dwelling house at 49 Marara Street; and
A monetary contribution of $5,500 to an intersection upgrade for Marara Street/Mary River Road.
A total of 25 onsite car parks were conditioned as part of this approval. Council issued the consent permit in December 1999.
Current Application History:
A development application was lodged by Hope Central Church for Paintball fields to be developed behind the existing church at 113 Marara St, Cooroy in January 2017.  In March 2017, the applicant then changed their proposal to include an indoor play centre. This change was made following a complaint received that ‘Kids world’ playmaze (indoor play centre) had commenced without approval. The indoor play centre (playmaze) was operating out of an existing building and included a small café to cater for patrons of the playmaze. Council advised the Hope Central Church that the playmaze activities must cease and that an approval was required for the playmaze. The existing approval for the church includes Condition 11 which prohibits the premises to be used for ‘the holding of functions, wedding receptions or other uses which are defined us function rooms, or indoor entertainment, under the provisions of the Planning Scheme. Similarly the kitchen is not to be used for the commercial production of food’.  A playmaze would fall under the definition of indoor entertainment. Council officers confirmed in writing to the church that this use is not permitted by the current development approval for the site and requires a further development approval from Council to operate regardless of whether it is a charitable arm of the church or a commercial venture. The play centre does not relate to the conduct of the church with participants attending the play centre separately and unrelated to the church’s activities of church gatherings, youth groups, bible study classes etc.
The church submitted again in July this year that they believed the playmaze did not require Council approval as it was a not-for-profit run service. Because of this, and also in response to the traffic concerns raised by Council officers, the applicant recently advised that they no longer wished to include the playmaze in their application and formally changed their application to exclude this use.
Site Description
The site is the home to the Hope Central Church and is accessed via Marara Street, a largely unsealed road that formally begins with the Cooroy Library carpark as it intersects with Mary River Road. Currently, the site has a regular church service on Sundays from 9:30am–1pm, where up to 70 people may attend. In addition to the church service, a music lesson is held on Thursday evenings from 7-8pm, with 4 people attending.
The beginning of Marara Road which also provides car parking for the library is sealed. There is also a short sealed section on the frontage of No. 49 Marara Road, a residential property.
Refer to Figure 3 – First section of Marara Street - Cooroy Library Carpark intersecting with gravel section of Marara Street.

Figure 3 – First section of Marara Street - Cooroy Library Carpark intersecting with gravel section of
Marara Street
The site is located adjacent to the North Coast rail line in a semi-rural area with significant vegetation areas adjoining to the west and south. More than half of the site has significant vegetation and a riparian area with a waterway running north/south through the site. Refer Figure 4 – Aerial photo of subject site.

Figure 4 – Aerial photo of subject site
Surrounding Land Uses
The subject site is located west of the North Coast Rail line with bushland immediately to the south and west of the site. The Cooroy township is located further south beyond the bushland. Residential development is located opposite the site and on the other side of the rail line.  To the north of the proposed paintball fields is a rural property with a house located approximately 150m from the northern most paintball field.  A dwelling is built on No. 49 Marara St approximately 550m to the south from the southernmost paintball field.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
South East Queensland Regional Plan;
State Planning Regulatory Provisions:
Any Structure Plan or Master Plan in place for declared areas;
Any Preliminary Approval Overriding the Planning Scheme for the land;
The Planning Scheme for the local government area; and
Any Temporary Local Planning Instrument in place for the local government Sustainable Planning Act Regulation 2009;
State and Other Statutory Instruments
State Planning Policy
The State Planning Policy has been deemed by the Minister for Local Government and Planning as appropriately reflected in the Planning Scheme and therefore does not warrant a separate assessment.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural. The proposed use is identified as an inconsistent use for land zoned Rural and is required to follow an impact assessable application process.  The Cooroy and Lake Macdonald Locality requires:
Rural land to be protected and appropriately managed such that agricultural and habitat protection are the dominant land use, the scenic and environmental values, the distinct rural amenity and agricultural productively of the locality are preserved and are not adversely impacted, and locally appropriate enterprises such as farm stays, camping grounds, roadside stalls etc. enhance the economic sustainability of the hinterland.
New uses to be located, designed and managed to be compatible with other uses, maintain the safety of works and avoid significant adverse impacts on the amenity enjoyed by other users of other premises.
The applicant states that ‘Cooroy has few recreational activities offered in the area and the development of the paintball site would offer a unique day and night time event which allows customers to avoid the heat in Summer at night.’ The applicant maintains that the proposed use has minimal negative impact in the community and has the potential to offer a safe environment for the youth. The applicant proposes a maximum number of people at any one time to limit excess traffic on Marara Street.
The proposal does not directly compromise the zoning intent for the site given the existing use of the site for a church, the site’s proximity to the Cooroy town centre, and the site’s limited suitability for rural activities providing the proposal can maintain the amenity of the area for nearby residents and access to the site is suitable. It also offers a potential alternative recreational/entertainment activity for residents.
Noise & Lighting
The site is located in a rural area with 2 rural properties nearby. Paintball activities are located outside and within the church grounds, on fields north and west of the existing buildings and have the potential to impact on the 2 nearby residents.
The closest residence is approximately 150 metres away from the nearest paintball field. In response to potential noise impacts, the applicant submitted a noise assessment to review the potential noise impacts on nearby residents from the proposed paintball activities. The applicant’s noise report recommended that the use of the horn be minimised and that activities be limited to a maximum of 20 persons at any one time.  The applicant has since advised that a horn will not be used, but has not indicated how organisers would communicate with players with regard to the commencement and conclusion of games. In this regard, Council’s Environmental Health officer has advised that should the proposal be supported, that an alternative visual or other remote personal signalling device be used to indicate start/stop times.
The site contains koala remnant habitat areas that align with the western portion of the site. The proposed paintball activities are adjacent to these areas. It is proposed that outdoor lighting associated with the use be angled towards the existing building and away from the bushland area, so as to minimise impacts on fauna and neighbours to the north of the site.
Traffic and Access
Marara St is a narrow gravel single carriageway, servicing a small number of landholdings, including the church and manse and 2 properties with dwellings. The road’s capacity is currently significantly limited as it is very narrow in places, has limited to no sight line opportunities in places, and is predominantly unsealed.   Refer Figure 5 – Marara Road. The road is also located in a bushland setting with a waterway running parallel to the road.
Residents living on this road (and submitters to this application) report safety issues associated with the proposal and associated increased traffic, as was evident when the playmaze activities commenced operations. The applicant states that they are not aware of any road safety incidences on Marara Road associated with the use of their site.  However, it is considered any increase in use of this road beyond its current usage and in its current form is likely to cause significant safety concerns for users.
These concerns were outlined in Council’s information request and the applicant was requested to provide a traffic report to address the increase in traffic on Marara St. The applicant was also requested to consider the existing formation, potential for impacts on residents, improvements of the road necessary to cater for the proposed development and any other considerations, such as an emergency management plan in high rainfall events.
A traffic report prepared by Road Pro Engineering was submitted by the applicant that considered existing and proposed uses on site and results of a traffic survey. This survey over 7 days showed the highest peak demand generated by the existing church.  The applicant’s traffic report also submitted that this peak would increase to 40 vehicles per hour in the coming years when the church patronage is expected to increase from an average of 70 to a maximum capacity of 100 persons. In comparison, the proposed use will generate an estimated additional maximum peak of 18 vehicles per hour. Due to the peaks occurring at different times, the applicant’s traffic report submitted that the proposal would result in no net increase of peak traffic from the site.  On this basis, the applicant’s traffic consultant concluded that Marara Street would not require upgrading (geometric improvements), sealing or the like to accommodate the proposed uses.  The applicant’s traffic consultant also recommended signage be installed along Marara Street including ‘one lane’, ‘give way’ and ‘no stopping or passing’ signage at appropriate locations along the road to support the proposal.
The applicant’s traffic report was peer reviewed by Council’s traffic consultant. Council’s traffic engineer does not agree with the findings of the applicant’s traffic report and advises that additional upgrade works are required to Marara Street to cater for the additional traffic movements generated by the proposed development. The upgrades would including widening, sealing and signage to address the valid and apparent safety issues that would result from the proposal.
In an effort to address Council officer’s concerns in this regard, the applicant engaged an engineer to undertake further investigation of the existing formation and prepare a design of the necessary works. As part of the investigation, the applicant engaged a surveyor to locate and identify levels of the existing road formation. The survey showed that part of the existing formation (at the bend at the southern end and extending north for approximately 180 metres) is located outside of the road reserve and within the adjacent Qld Rail land. In order to provide the necessary width in the road reserve the formation would need to be relocated to the west and this would require realigning a significant length of the creek bank. Due to the potential cost of the necessary works and the potential impacts on the waterway and associated vegetation, it is not considered feasible to undertake the works or reasonable to condition the applicant to undertake the works. The option to widen and seal the existing formation without relocation would require approval from Queensland Railway and may require a road opening.
The applicant has confirmed similarly that it is not within the church’s capacity to undertake the improvements to Marara Street recommended by Council’s traffic engineer and submits that Council should address the safety of the road.  Such works are not currently within Council’s 5 year Capital Works program and are not identified as a priority for Council given the limited number of properties that Marara Street serves. The existing road formation while less than ideal, is acceptable for normal church services. However, issues arise and the safety risk significantly increases if there are activities at the church that introduce additional traffic along the road.  The road currently carries approximately 55 vehicles per day and this would increase to 80 vehicles per day with the paintball use.

Figure 5 – Marara Road
cONSULTATION
Referral Agencies
The application was referred to the Department of Infrastructure, Local Government and Planning (SARA).
The Department is a referral agency for Queensland Rail for development within 25 metres of a railway corridor. The Department has responded advising that they have no objections to the proposal.
Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator Operational Works
Environmental Health Coordinator
The application was also referred to Council’s external traffic consultant Stuart Holland.
Public Notification
The application was publicly notified for 17 business days in accordance with the Sustainable Planning Act 2009. Three properly made submissions were received. The application was publicly notified with the two uses being the paintball activities and the indoor play centre (playmaze). The following table provides a summary and assessment of the issues raised by submitters. Although the comments were based on two additional uses occurring on site, it is considered the issues raised are still relevant for 1 additional use as per the existing proposal.
Matters Raised	Comments
Single unsealed land does not support increased traffic Accidents have already occurred as raised by all 3 submitters Concerns for pedestrians and cyclists and limited vision for cars coming both ways - danger posed by increased vehicular and pedestrian traffic Road is very dusty at the moment People are not familiar with the dangers on this road Any increase in traffic on Marara Street cannot happen safely without major upgrading of the road - that is 2 sealed lanes with clear visibility The nature of the existing road lends itself to uses as there will be low traffic volumes and some drive accordingly, creating dangerous situations	Marara Street in its current form is not suitable for the proposed increase in traffic and the proposal has the potential to raise some significant and serious traffic safety issues for people using Marara Street. The current condition and construction of Marara Street is not capable of safely accommodating the proposed paintball fields or an indoor play centre if proposed in the future.
The Playmaze/café has been operating since April 2017 and since that time the road has attracted children and families either walking or cycling, when this has not been the case in the past.  Blind corners and the nature of the road with increased traffic creates a very dangerous situation.	It is agreed that increased traffic or pedestrians on this road in its current form is not suitable from a capacity and a safety viewpoint.
The development proposal greatly underestimates the expected numbers. Sometimes parking spills out onto Marara St	There are approximately 25 onsite car spaces in close proximity to the paintball fields and approximately another 12 spaces located on the southern portion of the site. Car parking numbers are adequate to cater for existing and the proposed use. Paintball will utilise the onsite church parking which has no overlapping hours with church times.
Increased noise from more patrons	The closest residence is 150 metres from the nearest paintball field. It is acknowledged that there may be noise from paintball activities which will consist of vehicle movements and voices from players.
conclusion & REASONS FOR DECISION
The proposed use, whilst it may offer Cooroy an additional recreational activity and a safe place for youth, has the potential to raise some significant and serious traffic safety issues for people using Marara Street and the current condition and construction of Marara Street is not capable of safely accommodating any increase in traffic from the proposed paintball fields. Given the traffic safety concerns the proposal would require significant upgrading to Marara Street and the church has advised such works are not within their capacity. An upgrade to Marara Street is also not in Council’s capital works program with the increase in traffic on Marara Street not contemplated for the area. On this basis, and given a satisfactory solution to address the constrained sections of Marara Street has not been identified throughout the application process, the proposal cannot be reasonably conditioned. The application is therefore recommended for refusal.
It is also considered prudent to advise the applicant that an indoor play centre requires a further development approval to operate from the site and such a use would significantly impact on the safety of users of Marara Street were such a use to commence.

Departments/Sections Consulted:
	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning	x	Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	11 SEPTEMBER 2018