Delegated Report - Code - Planning MCU22 0053 · MCU22/0053

Author	Nick Cooper
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0053
Applicant	Trifecta Properties P/L TTE Relette Holdings P/L TTE
Proposal	Material Change of Use - Educational establishment
Properly Made Date	31 March 2022
Information Request Date	4 May 2022
Information Response Date	15 June 2022
Decision Due Date	20 July 2022
Report Completed Date	7 July 2022
Report Reviewed By	Kerri Coyle

PROPERTY DETAILS
Property Address	Sunshine Centre 28 Sunshine Beach Rd Noosa Heads Qld 4567 Sunshine Centre 7/28 8/28 9/28 10/28 11/28 12/28 Sunshine Beach Rd Noosa Heads Qld 4567
RP Description	BUP 7331, Lot 7 BUP 7331, Lot 8 BUP 7331, Lot 9 BUP 7331, Lot 10 BUP 7331, Lot 11 BUP 7331, Lot 12 BUP 7331
Land Area	1146.0000 m² 58.0000 m² 51.0000 m² 51.0000 m² 76.0000 m² 66.0000 m² 71.0000 m²
Existing Use of Land	Commercial Tenancy

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Major Centre Zone
Precinct	Noosa Junction Hospitality Precinct
Local Plan Area	Noosa Heads Local Plan Area
Overlays	N/A
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Educational establishment. The proposed Educational Establishment will be tenanted by Lexis English College. Lexis English College is an international institution that delivers quality language education throughout Australia, Japan and Korea. The proposal will operate Monday to Friday from 8am - 5pm and will include 5 staff and a maximum of 80 students.
The proposed development comprises Lots 7-12 (Level 1 of the existing building), the lease area of Tenancies 7-12 is 368m2.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

site details
Background
Lexis English College previously operated on 6 Lanyana Way (directly to the east of the subject site) but ceased operating in response to the Covid-19 crisis. It is proposed to relocate the use to the subject site. It is important to note also that when Lexis College was operating at Lanyana Way, there were over 300 students, and no parking was provided on site.
The previous Town Planning approval (TPL52), Condition 3 of the approval required 11 car parks. TPL50 officers report confirmed that six spaces were originally contributed to off-site with the approval of the existing development. TPL52 Condition 19 of the approval further required the payment of an additional eight car parking spaces. As a result, there are a total of 14 car parking spaces that have been financially offset.  Thereby, 13 car parking spaces exist on site in addition to the 14 car parking spaces credits, results in a total of 27 car parks/credits.

Site Description
The proposed development is legally described as Lots 0 and 7-12 on BUP7331 at Tenancies 7-12, 28 Sunshine Beach Road, Noosa Heads. The site has an area of 1,147m2 and the lease area of Tenancies 7-12 is 368m2.
Surrounding Land Uses
Uses to the north comprise a mix of commercial and food and drink outlet style uses, high density residential accommodation and dwelling houses. Uses to the east comprise a mix of commercial and food and drink outlet style uses. Noosa Transit Centre exists to the east. Uses to the south comprise a mix of commercial and food and drink outlet style uses. Noosa Fair Shopping Centre is located to the south-west. Uses to the west comprise a mix of commercial and food and drink outlet style uses. Noosa Junction Shopping Centre is located to the west
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:
Major Centre Zone Code;
Noosa Heads Local Plan Code;
Community Activities Code
Works Codes
The subject site is located in Noosa Heads and is zoned Major Centre Zone. 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:
Local Plan and Zone Code
The proposal for an Educational Establishment results in a mix of centre activities and meets the relevant overall outcomes of the Major Centre zone code. The proposal provides a community activity which provides additional educational services in the Shire.  The use provides further diversification of the local economy and is considered to comply with the purpose of the Major Centre Zone and Noosa Heads Local Plan Code.

Car Parking
One car park is allocated to each tenancy and corresponds to the tenancy number. Car parks 1-6 will be available for the existing Shop uses on the ground floor. Car parks 7-12 will be available for use for the Educational Establishment. A visitor park is also available on site and is not allocated to any particular tenancy. A total of 13 car parks are available on site.  In addition to the above, as mentioned in the background of this report previous approval TPL52 required payment contributions for eight (8) off-site car parks, resulting a total contribution of 14 spaces paid for the site.
In accordance with the Noosa Plan 2020, the current car parking rates are (noting the total existing building GFA being 765m2):
Educational establishment - 1 space per employee (5) + 1 space per 10 students (8) = 13
The balance of the site for Shops (397m2) has been allocated 1 space per tenancy (6 Car parks) and as such tenancies 1-6 onsite are currently catered for.  There are 6 car parks allocated to the proposed educational establishment (368m2) and 1 additional visitor space shared between all tenancies onsite.  Based on the planning scheme requirements 13 spaces are required onsite to cater for the educational establishment, acknowledging the site has car parking credits for an additional 14 spaces, the shortfall of 7 spaces can be supported by the previously contributions payments made providing half of the credits (7 spaces) are allocated to tenancies 1-6 and the remaining 7 spaces can be crediting towards the total spaces for the educational establishment.  Therefore, the educational establishment meets the planning scheme requirements in relation to the number of onsite parking spaces required.   In addition to the onsite car parking spaces allocated, the proposal is supported by the following:
Noosa Transit Centre is located about 50m to the east of the subject site; including a number of bus stops exist along Sunshine Beach Road, with the closest stop being located 94m to the north-east of the subject site;
The site is serviced by existing active transport networks;
The applicant notes that opportunities exist on the site for the inclusion of new motorcycle spaces without hindering the manoeuvrability of existing car parks;
Majority of the students are international students, and do not have car access. The applicant has advised that the majority of the students previously live within close proximity to the establishment, and will use various means of public and active transport options to access the site, rather than rely on private transport options.
A bicycle rack is provided in the car park, and provides excess parking spaces to accommodate the proposal;
Motorcycle Spaces
With respect to Motor Cycle space, the parking rate within the Noosa Plan is as follows:
“one space per 100m² of use area
Therefore, the proposed development (368m2) requires 4 Motorcycle spaces to be provided on site.  As the applicant has indicated that there is sufficient area onsite to provide new motorcycle spaces without hindering manoeuvrability of cars, a condition is recommended for a minimum of 4 motorcycle spaces to be provided onsite without conflicting with car parking or bicycle parking arrangements.

Bicycle Parking
With respect to Bicycle Parking, the bicycle parking rate within the Noosa Plan is as follows:
“one space per 50m² up to 500m²; and
one space per 500m² in excess of 500m²”.
For the proposed Educational Establishment (368m2), 7 bicycle parking spaces are required. Two new bike racks (total 14 spaces) will be provided to support the proposed development.  However, understanding that the majority of students (being international students) have previously accessed the establishment by bicycle it is considered necessary that a condition is included with any approval that requires the proponent to monitor bicycle parking demand and ensure adequate bicycle parking is provided onsite, to ensure bicycle parking within public spaces is not overutilized does not result in public safety (trip hazards and the like) within public areas such as footpaths within proximity to the site.

cONSULTATION
Referral Agencies
Not Applicable
\Internal Council Referrals
Not applicable
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 MCU22/0053 for a Material Change of Use - Educational establishment situated at Sunshine Centre 28 7/28 8/28 9/28 10/28 11/28 12/28 Sunshine Beach Rd Noosa Heads Qld 4567 described as BUP 7331, Lot 7 BUP 7331, Lot 8 BUP 7331, Lot 9 BUP 7331, Lot 10 BUP 7331, Lot 11 BUP 7331, Lot 12 BUP 7331, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0053
Street address:	Sunshine Centre 28 Sunshine Beach Rd Noosa Heads Qld 4567  Sunshine Centre 7/28 Sunshine Beach Rd Noosa Heads Qld 4567Sunshine Centre 8/28 Sunshine Beach Rd Noosa Heads Qld 4567Sunshine Centre 9/28 Sunshine Beach Rd Noosa Heads Qld 4567Sunshine Centre 10/28 Sunshine Beach Rd Noosa Heads Qld 4567Sunshine Centre 11/28 Sunshine Beach Rd Noosa Heads Qld 4567Sunshine Centre 12/28 Sunshine Beach Rd Noosa Heads Qld 4567
Real property description:	BUP 7331, Lot 7 BUP 7331, Lot 8 BUP 7331, Lot 9 BUP 7331, Lot 10 BUP 7331, Lot 11 BUP 7331, Lot 12 BUP 7331
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 - Educational establishment (English College)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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
-	-	Site Plan (annotated in red by Adapt Town Planning)	14.06.22
-	-	Floor Plan - Lots 7 to 12 Client Lexis English,  prepared by the applicant	-
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
Nature and Extent of Approved Use
The number of students onsite must not exceed 80 and the number of staff onsite must not exceed 5 at any one time.
A minimum of 6 car parking spaces must be provided on site for the Educational Establishment Use.
A minimum of 4 motorcycle parking spaces must be provided on site for the Educational Establishment use.  These spaces must not cause any conflict with carparking, and bicycle parking required onsite. An update site plan must be submitted to Council prior to the commencement of use demonstrating compliance with this condition.
A minimum of 14 bicycle parking spaces must be provided on site.
Parking of bicycles, scooters and the like must be regularly monitored to ensure they are parked/stored appropriately by students and staff within the designated bicycle parking spaces and not parked on footpaths.
Currency Period
This development approval lapses if the use has not happened by 7 July 2028, unless an application to extend the currency period is approved by Council.
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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