Minor Change Report 132000 200039 1 {As Published}

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               •    Small group (10 persons) training sessions using typical gym training equipment with
                    personalised fitness coaches.
               •    Opening hours are 5am to 9pm, 7 days a week, with most classes between 6am – 9am and
                    4pm – 7 pm.
               The locality and proposal plans are included below.




                                                       Figure 1 – Locality




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                                                     Figure 2 – Proposed Layout




               2.     BACKGROUND
               On 14 October 1998 Council approved a Development approval for a Material Change of use for
               a showroom and professional offices.
               On 16 March 2000 Council approved a Material change of use for Indoor Entertainment (Martial
               arts studio), being the former area of the professional offices on the upper floor. It is unclear from
               the decision notice and the assessment report if conditions were required or included as part of
               the development application.
               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;
               •      Planning Regulation 2017; and
               •      The Noosa Plan 2020.
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
               •      the development would not result in substantially different development;
               •      the change does not include prohibited development;

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               •      the change would not require the application to be referred to an additional referral agency
                      or cause a referral agency to have regard to new matters prescribed by regulation;
               •      where the original application was code assessable, the change would not cause the
                      application to become impact assessable.
               3.3. Statutory Instruments – Planning Scheme
               Pursuant to the Planning Act 2016, Council must consider the planning scheme (1990 Schedule
               to the Planning Scheme) in place at the time of the original development application but may give
               weight to the current planning scheme where appropriate in the circumstances.
               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 proposed fitness centre is defined as an indoor entertainment centre under the 1990 Schedule
               to the Planning Scheme and remains a consistent, code assessable use in the District Centre zone
               under the Noosa Plan 2020.
               The proposed use is of a type, scale and intensity consistent with the role of the area and is
               appropriately located within an upper level tenancy consistent with PO25 of the District Centre
               Zone Code.
               Under the Noosa Plan 2020, the required car parking for an indoor sport and recreation use
               requires a minimum parking of 1 space per 20m2 consistent with the parking rates applied to the
               tenancy with the original development of the site and the martial arts studio. The proposed car
               parking therefore complies with AO6.1 of the Driveways and Parking Code, with no increase in use
               area proposed.
               The original application noted the Martial Arts Centre will have a maximum of 15 students in any
               one class and the development proposes a maximum of 10 people in any one class.
               The proposal will result in an increase to the number of patrons attending the site. This will
               theoretically result in an increased car parking demand, given both the martial arts classes and
               fitness classes offered in the afternoons. A condition is therefore recommended restricting the
               class sizes of the martial arts studio to 15 students and 10 persons for the fitness centre in
               accordance with the application material.
               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 83(9) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. 132000.200039.1, to make a minor change to an existing approval
               for an Indoor Entertainment (Martial Arts Studio) to include a Fitness Centre situated at 2/7-9
               Gibson Rd Noosaville described as Lot 2 SP 127822, Council on 9 July 2024 decided to:
               A.     Approve the change

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               B.     Change the approved use to: Indoor Entertainment (Martial Arts Studio and Fitness Centre)
               C.     Include the following Conditions 1 to 5:
                      Approved Plans
               1.     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

                        Issue A                       Leffler Simes
                                                                 - Architects                      August 98

                        AO1                           Location Plan
                                                                 - prepared by RG Strategic        10 May 2024

                        AO2                           Proposed Layout
                                                                -     prepared by RG Strategic 10 May 2024



                      Nature and Extent of Approved Use
               2.     Classes for the martial arts studio and fitness centre must be primarily held outside typical
                      retail hours of 9am – 5.30pm, 7 days a week.
               3.     The maximum number of persons attending a class any one time must not exceed:
                      a.      15 students per class for the martial arts studio
                      b.      10 persons per class for the fitness centre
               4.     All amplified music be kept to a level that is not audible to nearby or adjoining tenancies or
                      nearby residents.
               5.     Class instructors are not permitted to use any equipment to amplify their voice.




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Document Set ID: 23092586
Version: 6, Version Date: 15/08/2024