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TOWN PLANNING REPORT MATERIAL CHANGE OF USE FOR INDOOR RECREATION (GYM) 97 Noosa Drive, Noosa Heads QLD 4567 Lot 1 RP884396 Development Permit for Material Change of Use to Establish a Gym Town Planning Report V1. June 2024 98 Gym Noosa | June 2024 Page 1
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Prepared by: Prepared for:
Mallee Group Ryan Gray
Ben Walsh M. 0432 367 103
Director | Principal Planner E. [email protected]
M. 0430011617
E. [email protected]
Approval For Issue
Ben Walsh 5 June 2024
This Report has been prepared by Mallee Group as part of the agreed provision of services. The report is strictly limited to the purpose and the facts
and matters stated in it and does not apply directly or indirectly and must not be used for any other application, purpose, use or matter. In preparing
the report, Mallee Group may have relied upon information provided by other parties. Mallee Group accepts no responsibility as to the accuracy or
completeness of information provided by those parties at the time of preparing the report. The report does not take into account any changes that
may have occurred since the publication of the report and so the outcomes of the report may change over time.
Mallee Group does not warrant the contents of this report and will not assume any responsibility or liability for loss whatsoever to any third party
cause by, related to or arising out of any use or reliance on the report whatever. No part of this report may be reproduced or relied upon without the
written consent of Mallee Group, with all enquiries directed to that entity.
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Contents
1 Summary
2 Background
3 Site Details
4 Planning Context
5 Proposal Overview
Hours of Operation
Car Parking
Pedestrian Access
6 Legislative Requirements
Assessment Manager
Level of Assessment
Referrals
Public Notification
7 Statutory Planning Assessment
Overview
State and Regional Assessment Benchmarks
Regional Plan
State Planning Policy
Temporary State Planning Policy
Local Government Infrastructure Plan
Local Authority Assessment Benchmarks
Codes
Overlays
8 Infrastructure Charges
9 Conclusion
Attachments
Attachment A Application Forms and Owner’s Consent
Attachment B Relevant Searches
Attachment C Floor Plan
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1. Summary
Details
Site Address 97 Noosa Drive, Noosa Heads
Real Property Description Lot 1 on RP884396
Site Area 940m2
Regional Plan Land Use Designation South East Queensland Regional Plan (Urban Footprint)
Local Government Noosa Shire Council
Planning Scheme Noosa Plan 2020
Zone Major Centre Zone
Land Owner Woodridge Holdings Pty Ltd CAN 093 299 999
Proposal
Description of Proposal • Development Permit under s49(3) of the Planning Act 2016, for Material
Change of Use to establish Indoor Recreation (Gym)
Application details
Aspect of Development Preliminary approval Development permit
Material change of use
Building Work
Operational Works
Assessment Category Code Impact
Public Notification No Yes: 30 BD
Referral agencies
Nil
Applicant Details
Name 98 Gym Noosa
Contact Person C/- Ben Walsh
Director & Principal Planner
M: 0430 011 617
E: [email protected]
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2. Background
98 Gym Noosa is a franchise of Gym proposing to occupy an existing commercial tenancy at 97 Noosa
Drive, Noosa Heads. The building is existing and partly occupied by an existing tenant - TH7 Body Labs Noosa.
98 Gym proposes a sub lease arrangement to facilitate its establishment in Noosa.
The site is shown on Figure 1 Site Location Plan. The total use area is represented on the floor plan provided
as Attachment C with a total gross floor area of 164m2.
The site is located within the Major Centre Zone of the Noosa Heads Local Plan Area. Pursuant to the Tables
of Development Assessment for the Major Centre Zone the proposal is subject to Code Assessment.
The development application seeks approval for the following aspects of development:
Development Permit for Material Change of Use to establish Indoor Recreation (Gym)
The proposed development, defined as Indoor Recreation under the Noosa Plan 2020 will occupy an existing
commercial building with no external building works required to facilitate the use. Full details of the proposed
development, site context and the relevant planning framework are set out in the Summary Table above.
This report provides greater detail on the nature of the proposal and undertakes a comprehensive assessment
against the relevant assessment criteria contained within the Noosa Plan 2020.
The proposed development is recommended for approval subject to reasonable and relevant conditions.
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Mallee
GROUP
Town Planning | Development
Figure 1 Site Location Plan
we ARPRS4180
3RPBR396
84SP 248300
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Figure 2 Cadastral Plan
3. Site Details
Key details of the subject site are as follows:
Site particulars
Site Address 97 Noosa Drive, Noosa Heads
Refer to Figure 1 – Site Location Plan
Real Property Description Lot 1 RP884396
Refer to Figure 2 – Cadastral Plan
Site Area 940m2
Land Owner(s) Woodridge Holdings Pty Ltd CAN 093 299 999Refer to Attachment A for
Certificates of Title & Owners Consent
Existing Land Use Professional Office / Health Care Services
Frontages The site has direct frontage to Noosa Drive of circa 31m
Topography The site is flat
Vegetation & Natural Features There is no substantial vegetation on the site to be retained
The site is not registered on the EMR or CLR
Searches Refer to Attachment B Searches
The site has not been used for a Notifiable Activity.
The site is not on the Heritage register
All services and utilities are readily available to the site including power, water,
Infrastructure, Services and Public sewer and telecommunications. The building is existing with a semi basement
Utilities parking level and single commercial level above.
The site is located within the established Major Centre of Noosa Heads with a
Surrounding Land uses range of surrounding commerical and retail land uses addressing Noosa
Drive.
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Mallee Town Planning | Development Figure 3 Aerial Photograph 98 Gym Noosa | June 2024 a Page 8
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4. Planning Context
The planning context of the site includes the following:
Instrument Designation
South East Queensland Regional Plan
Regional Plan designation • Urban Footprint
Noosa Plan 2020
Local Plan Area • Noosa Heads Local Plan Area
Zoning • Major Centre Zone
Overlays - Land subject to acid sulfate soils (at or below 5mAHD)
- Bushfire Hazard Overlay - Potential Impact Buffer
- Landslide Hazard Overlay - Moderate Hazard Area
Zoning of the subject site and surrounding lands is shown on Figure 4 Zoning.
Figure 4 Zoning
Source: Noosa Plan 2020
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5. Proposal Overview
This development application seeks approval for a Material Change of Use to establish a Gym within an
existing building located at 97 Noosa Drive, Noosa Heads, formally described as Lot 1 on RP884396. Under
the Noosa Plan 2020 a gym fits within the definition of Indoor Sport and Recreation, being ‘the use of premises
for a leisure, sport or recreation activity conducted wholly or mainly indoors’.
Only minor building works are required to accommodate the proposed land use within the building, with no
external works proposed or changes to the established built form or appearance of the building. Consequently,
Council’s assessment should be generally limited to the operational aspects of the land use, noted as being a
consistent use within the Major Centre Zone.
The majority of the building’s single floor plate is occupied by TH7 Body Labs Noosa, a recovery, wellness and
longevity facility. The intent is for 98 Gym to occupy the smaller tenancy of 126m2 in a sub-lease arrangement
that will present opportunities for both businesses to cross pollinate patronage given their niche position within
the health and wellbeing space.
All car parking and vehicle manoeuvring areas are provided onsite within the semi basement, with a total of
21 vehicle parking spaces available.
Key details of the proposed development are set out below, with floor plan and parking layout provided as
Attachment C.
Hours of Operation
The proposed gym will operate between the hours of 5am and 7.30pm. As is typical for any gym operation
the peak periods of patronage are outside of business hours, with most classes being held between 5am and
8.30am in the morning, and between 4.30 and 7.30pm in the evening.
Car Parking
98 Gym will utilise the existing vehicle parking provided within the semi basement, with the quantum of parking
to be shared between each tenancy. A total of 21 covered vehicle spaces are provided onsite, with access via
existing sealed crossover from Noosa Drive - refer below car park plan (existing).
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Figure 5 Existing Car Park Layout
No changes to the existing access and parking arrangements are required to facilitate the establishment of 98
Gym on the site.
The Noosa Plan 2020 identifies the demand for Indoor Sport and Recreation to be 1 space per 20m2 of Gross
Floor Area (GFA). Based on a total GFA of 164m2 this would equate demand to be approximately 8 parking
spaces out of the total 21 spaces available. Given the shared customer base and patronage between both of
the tenants on the site and the differing peak demand times of each tenant, the strict allocation of parking
spaces between tenants is not considered necessary.
It is noted the building is approved to accommodate professional Office and Health Care Services, both
accepted uses within the Major Centre zone. Under the Driveways and Parking Code these land uses have
an equivalent parking demand factor as the proposed Indoor Recreation (Gym) land use (1 spare per 20m2)
and as such, the parking demand is not considered to increase with the operation of the proposed Gym under
the Noosa Plan 2020. Rather, with the differing peak periods of the two tenancies the proposed gym will
facilitate an improved arrangement whereby vehicle spaces can be shared at differing times by each tenant.
Understanding that the quantum of gross floor area across the entire building results in a calculated demand
which exceeds the 21 vehicle spaces available however, a detailed examination of Performance Outcome
PO6 of the Driveways and Parking Code has been undertaken in Section 10.3.3 below.
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Pedestrian Access
Customers to the gym will access the building via the existing entry lobby/reception which will be shared
between each of the tenancies on the site. Direct access to the gym is also available via stairs to the parking
level.
Only minor internal building works are required to accommodate the gym within the building, with no external
works proposed that would result in changes to the appearance or function of the building on the site. As a
result, examination of the built form aspects governed by the Noosa Plan 2020 are not considered to be
relevant to this proposal.
6. Legislative requirements
Assessment manager
In accordance with Schedule 8 of the Planning Regulation 2017, the assessment manager for this application
is Noosa Shire Council.
Level of assessment
The proposed development requires ‘Code Assessment’, as determined in accordance with Table 5.5 – Levels
of Assessment – Material Change of Use – Major Centre Zone of the Noosa Planning Scheme 2020.
Referrals
The Planning Act 2016 and Planning Regulation 2017 provide the legislative framework within Queensland for
authorities (Local and State Government) to assess development applications. Matters that require
assessment may be delegated to the Department of State Development, Manufacturing, Infrastructure and
Planning (DSDMIP).
Following a review of the State Assessment Referral Agency’s (SARA) DA Online Mapping System and
Schedule 10 of the Planning Regulation 2017, it is confirmed that this application will not require referral.
Public Notification
This application does not require notification as it is subject to code assessment.
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7. Statutory planning assessment
Overview
As the application is subject to code assessment, the assessment benchmarks, and the matters the
assessment manager must have regard to, are those identified in section 45(5) of the Planning Act 2016 and
sections 30 and 31 of the Planning Regulation 2017.
As Noosa Shire Council is the assessment manager as the relevant local authority the categorising instrument
is the Noosa Plan 2020.
State and regional assessment benchmarks
Regional Plan
Section 30(2)(a)(i) of the Planning Regulation 2017 requires that the assessment of this application must be
carried out against the assessment benchmarks stated in the regional plan, to the extent the regional plan is
not identified in the planning scheme as having been appropriately integrated.
Section 2.2 of the Noosa Plan 2020 confirms that the minister has identified that the planning scheme,
specifically the Strategic Framework, appropriately advances the SEQ Regional Plan as it applies in the
planning scheme area.
The subject site is within the Urban Footprint area of the South East Queensland Regional Plan 2017. The
Urban Footprint is intended to support urban uses such as “housing, industry, business, infrastructure,
community facilities and urban open spaces”. The proposal seeks approval for multiple dwellings consistent
with the intent of the Urban Footprint.
State Planning Policy
Section 30(2)(a)(ii) of the Planning Regulation 2017 requires that the assessment of this application must be
carried out against the State Planning Policy, part E, to the extent Part E is not identified in the planning scheme
as having been appropriately integrated.
Part 2 (State planning provisions) of the Noosa Plan 2020 identifies that all relevant aspects of the State
Planning Policy have been appropriately reflected in the adopted Scheme. It is therefore not considered
necessary to provide a specific assessment against the SPP.
Temporary State planning policy
Section 30(2)(a)(iii) of the Planning Regulation 2017 requires that the assessment of this application must be
carried out against any temporary State planning policy applying to the premises.
No temporary State planning policies apply.
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Local Government Infrastructure Plan
Section 26(2)(b) of the Planning Regulation 2017 requires that if the assessment manager of this application
is an infrastructure provider the assessment be carried out against the LGIP.
In this instance no assessment against a LGIP is required.
Local authority assessment benchmarks
This application has been assessed against Noosa Planning Scheme 2020 with relevant benchmarks
addressed below.
Codes
Noosa Heads Local Plan Code
The subject site is located within the Noosa Heads Local Plan Area.
The purpose and overall outcomes for the Noosaville Local Plan Area are listed in Section 7.2.5.2 of the
Planning Scheme. Those that specifically relate to the site are outlined as follows:
The following overall outcomes apply to the Noosa Heads local plan area:
• Development is limited to land within the urban boundary to protect and reinforce the character and identity of
Noosa Heads, provide efficient provision of infrastructure and services, avoid constrained land and protect the
surrounding significant environmental areas.
• The natural landform and landscape is retained with Noosa Hill being the predominant landscape feature
forming a skyline and vegetated backdrop, without the intrusion of built form, when viewed from beaches, parks
and other public spaces, residential neighbourhoods and visitor accommodation. In order to protect these
important visual qualities the preservation of existing vegetation is critical. Accordingly, in areas of high
elevation and visibility development is restricted wherever possible and if necessary excluded to ensure the
existing character is maintained.
• Noosa Junction functions as a major activity centre providing a range of goods and services for residents
and visitors in a predominantly multi-tenancy ‘main street’ form with a strong relationship between indoor and
outdoor spaces. The redevelopment of the former Bowls site provides for a new road connection from Noosa
Drive through to Lanyana Way as well as an activated public open space area.
• Development maintains:
1. a high proportion of Noosa lifestyle and creative destination businesses with few national
chains and generically themed outlets;
2. a small number of large floor plate retail tenancies and businesses; and
3. within the predominantly retail and food establishment land use mix, community support uses
and medical and health services.
• Development in the Hastings Street Mixed use precinct and the Noosa Junction Hospitality precinct provides a
range of well-designed business and entertainment activities including live music and other artistic performances
which creates a vibrant atmosphere. High design quality, incorporating low rise contemporary sub-
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tropical building and landscape design incorporates appropriate acoustic containment to facilitate late night
operation.
• Residents of Noosa Heads enjoy high levels of residential amenity and convenience to urban services and
recreational opportunities.
• The Noosa Heads locality provides a range of community and sports and recreational uses which support both
residents and visitors.
Comment:
The proposed development is consistent with the purpose and overall outcomes outlined in the Noosa Heads
Local Plan Code. The establishment of a gym within an existing building adjacent to Noosa Junction ensures
maintenance of existing built form and established character, delivers convenience for residents, and adds to
the array of business and recreational land uses that contribute to resident lifestyle and local employment
opportunities.
Major Centre Zone Code
Under the Noosa Plan 2020 the site is in the Major Centre Zone. Pursuant to Part 6.4.1.2 of the Scheme, the
purpose and overall outcomes of the Zone that specifically relate to the site are listed as follows:
• The major centres of Noosa Business Centre and Noosa Junction are the most significant centres for the Noosa
Shire. These major centres service subregional catchments with complementary, not competing roles and
functions thereby not compromising the viability of each centre.
• Development complements the higher order services at the principal regional activity centre at Maroochydore;
which is the focal point for employment and services on the Sunshine Coast, with provision of high-order retail
and hospitality functions and cultural and entertainment facilities catering to local and more distant communities,
including the Noosa community.
• Major centres contain the highest order of community, retail and commercial functions including entertainment
and business activities, as well as transport services in Noosa Shire.
• Major centres contribute to a diversified local economy and provide key employment opportunities through a
range of higher order commercial and enterprise activities in addition to core retail outlets that are founded on
the needs of Noosa Shire
• Development is located and designed to maximise activity along a primary street frontage and maintain a
human scale and pedestrian focus at street level. Development located in:
1. Noosa Business Centre, incorporates a contemporary main street character and
pedestrian scale of development with activated street frontages as a key feature of the
Village mixed use precinct; and
2. Noosa Junction maintains and enhances the existing traditional main street character by
contributing to the established development form throughout the centre;
Comment
The proposed development is consistent with the purpose and overall outcomes of the Major Centre Zone
Code. The proposal is to establish a gym within an existing building which is currently occupied by a similar
niche health and wellbeing tenant. The use of the building for this purpose is in line with the Noosa Junction
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centre and contributes to a diversified local economy which offers local employment and convenient provision
of services and facilities for residents.
Recreation Activities Code
The purpose and overall outcomes for the Recreation Activities Code are listed in Section 9.3.12.2 of the
Planning Scheme. Those that specifically relate to the development are outlined as follows:
The purpose of the Recreation Activities Code is to ensure recreation activities:
• Recreation Activities:
o are consistent with the intent and character of the zone and local area in which they are located;
o contribute to the recreation needs of the Noosa Shire community; and
o mitigate and manage potential adverse impacts associated with recreation activities on
nearby sensitive land uses.
• Recreation activities are located in a zone and on a site suitable for the use with adequate supporting
infrastructure, services, transport and road network connectivity.
• Recreation activities are located in proximity to their population catchment and operated in a manner that
maximises community benefit.
• Where practicable, recreation activities are integrated and co-located with other recreation, community, or
business activities.
• Recreation activities are of a type, scale and intensity suitable to the character of surrounding development and
the local area.
• Recreation uses are low scale and low impact and do not negatively impact on the quality of life enjoyed by the
Noosa Shire community, and do not involve a motor sport facility.
• Recreation activities manage potential negative impacts such as noise, privacy, lighting and hours of operation
on adjacent residential activities.
• Recreation activities are located and designed to provide a safe and secure environment for recreation users.
Comment
The proposed development is consistent with the purpose and overall outcomes of the Recreation Activities
Code in delivering a development outcome on a site suitable for its intended purpose. The proposed gym will
be operating within a building suitable to accommodate the use with adequate infrastructure including a range
of on and offsite parking options and public transport services. The proposed gym has been co-located with
an established health and wellbeing service provider which provides opportunities for shared parking and
access arrangements on the site together with shared patronage.
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Driveways and Parking Code
The purpose of the Code is to ensure driveways and parking arrangements are adequate to serve the access
and parking needs of the development and protect the safety of pedestrians. The proposal is for the
establishment of a gym within an existing building which retains all parking and access arrangements on the
site. No external works are required to accommodate the proposed land use.
Under the Noosa Plan 2020 the parking demand of the gym is equivalent to both Office and Health Care
Services, both of which are land uses deemed to be acceptable development and able to establish on the site.
Whilst no further assessment of parking demand is considered to be warranted, understanding the quantum
of GFA across the whole of the commercial floor plate exceeds the 21 spaces parking supply we have
undertaken an examination of Performance Outcome PO6 of the Driveways and Parking Code for
consideration below.
Parking and Manoeuvring
PO6 Comment
Sufficient parking
(a) Is provided having regard to the specifics of the use including (i) The Indoor Sport and Recreation land use is applied the same parking
- demand as approved uses within the building, including Commercial Office
(i) the type and intensity of the land use; and Health Care Services. The proposed gym will share patrons between
with the existing tenant and has peak periods outside of normal business
(ii) any existing parking available on the site; hours.
(ii) A total of 21 vehicle spaces are available on the site, to be shared across
the existing two (2) tenancies
(iii) hours of operation (iii) The proposed gym will be open from 5am until 7.30pm. Peak periods
of patronage are typically outside of normal business hours, with the class-
based timetable planned as 5am-8.30am and 4.30pm-7.30pm. Some
classes will be held during the day however these are typically of lower
(iv) likely numbers of users patronage.
(iv) Numbers of users of the gym will be limited due to class sizes being
limited. Larger classes will operate outside of typical business hours of the
(v) accessibility to the site by means other than private motor adjacent tenant which will ensure maximum usage of parking can occur at
vehicle differing peak periods
(v) The site is located on Noosa Drive where a range of alternate transport
(vi) the peak parking demand periods of users on the site; and options are available other than private motor vehicle. Noosa Dr has
bicycle/pedestrian path networks and a bus stop is located nearby in
Sunshine Beach Road at Noosa Junction.
(vii) the availability of alternative car parking. (vi) Peak periods of patronage are outside of normal business hours, with
the class-based timetable planned as 5am-8.30am and 4.30pm-7.30pm.
Some smaller classes will be held during the day as required. It is noted the
(b) Is provided to accommodate the number and type of vehicles adjacent TH7 Body Labs operates during normal business hours and both
and motorcycles likely to be generated by the development uses will operate as symbiotic businesses where customers will visit both
businesses in a single trip (and so result in a reduce level of parking
demand).
(vii) A range of alternative parking options are available within the
immediate vicinity around Noosa Junction. With the peak parking demand
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being outside of normal business hours the availability of spaces will not be
an issue. Notwithstanding that, having regard to the peak period sof
operation sufficient parking spaces are considered to be available on the
site to accommodate the demand.
Overlays
As no major or external building works are required to accommodate the use and the site is already fully
developed, examination of the overlays affecting the site is not considered to be relevant to this proposal.
8.0 Infrastructure charges
The Adopted Charges SPRP applies to all development in Queensland.
The subject land lies within the Major Centre Zone of the Noosa Plan 2020, and hence is within the Priority
Infrastructure Area under Council’s Adopted Infrastructure Charges Resolution.
The proposal to establish Indoor Recreation within an existing building approved for commercial/professional
Office and Health Care Services is not considered to warrant infrastructure charges.
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9. Conclusion
This Town Planning report supports a Development Application to Noosa Shire Council for a Material Change
of Use to establish Indoor Recreation (Gym).
The land is located at 97 Noosa Drive, Noosa Heads, formally described as Lot 1 on RP884396. The proposal
seeks approval for the operation of a consistent land use within the Major Centre Zone, with no major or
external building works required to accommodate the use.
The application seeks approval for:
• Development Permit for Material Change of Use to establish Indoor Recreation (Gym);
The proposal is consistent with the intents for the Major Centre Zone and the Noosa Heads Local Plan Code.
As demonstrated in this Town Planning Report and the supporting technical appendices, the proposed
development is consistent with the intents of the Planning Scheme and other relevant instruments and approval
is recommended subject to reasonable and relevant conditions.
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Mallee Town Planning | Development Attachment A Application Forms & Owners Consent 98 Gym Noosa | June 2024 I p< \
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Mallee Town Planning | Development Attachment B Site Searches 98 Gym Noosa | June 2024 I p< i
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Mallee Town Planning | Development Attachment C Proposed Floor Plan 98 Gym Noosa | June 2024 I p< \