Delegated Report - Code - Planning MCU21 0193

Author	Nick Cooper – external planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0193
Applicant	LiFT Strength & Conditioning
Proposal	Material Change of Use - Indoor sport and recreation
Properly Made Date	1 November 2021
Information Request Date	29 November 2021
Information Response Date	21 January 2022
Decision Due Date	1 March 2022
Report Completed Date	16 February 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	Noosa Cine Centre 29 Sunshine Beach Rd Noosa Heads Qld 4567
RP Description	Lot 15 SP 111607
Land Area	230m²
Existing Use of Land	Vacant 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 - Indoor sport and recreation. LiFT Strength and Conditioning will occupy 168m2 of the existing Shop 15 within the Noosa Cine Centre. Shop 15 is currently 230m2 so this will result in a residual tenancy of 62m2 less any common foyer area. No alteration to the external built form is proposed. The proposed use will repurpose the existing showroom tenancy.
LiFT Strength and Conditioning will comprise of an open plan workspace area housing various gym equipment including bench and overhead presses, cycles and mat pilates
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

site details
Site Description
Shop 15 is located within the Noosa Cine Centre which is located in the Noosa Junction Hospitality Precinct, and is directly accessed via Sunshine Beach Road.). Shop 15 comprises a total gross floor area of 230m2, with the Indoor Sport and Recreation proposed to part of the tenancy, totalling approximately 168m2.
Surrounding Land Uses
The site is located within the Noosa Junction Hospitality Precinct and Major Centre Zone of the Noosa Heads locality, which has been developed for a mixture of shops, restaurants, bars, cafes, health services and community facilities.  A variety of shops and uses are located within the building including BBC Cinema, Larder and Baked (café), Nails at Noosa, Ready or Not (shop), Junction Bookstore.
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;
Recreation Activities Code;
Works Codes;
The subject site is located in Noosa Heads and is zoned Major Centre.  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:
Amenity
Performance Outcomes PO9 and PO10 of the Recreation Activities Code seeks that recreation activities operate within a timeframe that avoids negative impacts on the amenity of the surrounding area and sensitive land uses; and recreation activities are designed and operated to avoid noise emissions that unreasonably impact on the amenity of the area and sensitive and uses.
It is noted, the tenancy is approximately 72 metres south of Bottlebrush Avenue (Residential uses) and therefore the impact on residential amenity is less of a concern.  The gym however adjoins retail tenancies of which operate standard business hours and the Noosa Cinema which operates into the evening hours.    The applicant submitted a Noise Report prepared by an Acoustic Consultant which asserts there is unlikely to be any impact on residential amenity, however confirms there is likely to be noise emissions which will be audible to the adjoining tenancies.  As there may be overlap between the opening hours of the nearby tenancies such as hairdressers which can operate early and late to accommodate clients and the cinema which is late evenings there is potential for negative impacts. The planning scheme requires activities to be conducted which avoid noise emissions that unreasonably impact on amenity; therefore, several conditions are included to mitigate negative impacts on adjoining tenancies.
Furthermore, Councils Environmental Health Department has reviewed the Acoustic report and has provided comments within section 4.2 of this report.
Car Parking
A carpark is located at the rear of the building and provides numerous car parking spaces for the tenancies located in Noosa Junction. The proposed Gym has a GFA of 168m². Under the Noosa Plan 2020 the car parking rates and number of spaces to be provided for a shop/cafe (the previous use) and indoor sport and recreation are equivalent being 1 space per 20m². Therefore, no additional carparking is required as a result of this application.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Mark Borgert – following comments and recommendations provided

Limited nearby residences as its based in a commercial complex and behind large car park
Closest tenancies are cinema and hair saloon
Group fitness classes will be conducted early mornings and after hours. It won’t impact other businesses as hair salon and noosa cinema will be operating after 9 am in general.
‘’ Gym must have sound proofing walls /acoustic doors and must not emit any unreasonable noise causing nuisance to the neighbourhood ‘’

See comments below for consideration:

Walls must be sound proofed on all sides
Doors must be acoustic
We recommend rubber flooring with at least 22mm thickness
Double layer of Regupol 4080 may not make the noise inaudible to the neighbour businesses. We recommend to use gym equipment such as bumper plates, coated dumbbells, kettlebells and installing shock absorbing pads or decouplers to gym machines in order to separate them from the floor and prevent the transference of vibrations (in particular in free weights area)

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 MCU21/0193 for a Material Change of Use - Indoor sport and recreation situated at Noosa Cine Centre 29 Sunshine Beach Rd Noosa Heads Qld 4567 and described as Lot 15 SP 111607, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0193
Street address:	Noosa Cine Centre 29 Sunshine Beach Rd Noosa Heads Qld 4567
Real property description:	Lot 15 SP 111607
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 - Indoor sport and recreation
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
01	B	Site Plan, prepared by Suncoast Studio	25/10/21
02	B	Floor Plan, prepared by Suncoast Studio	25/10/21
Currency Period
This development approval lapses if the use has not happened by 18 February 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approval for 168m2 gross floor area of Indoor Sport and Recreation use.
Class activities are restricted to within the tenancy. No class activities are permitted outside the tenancy.
The Indoor Sport and Recreation use must not operate outside of 5am – 8pm.
The gymnasium is limited to a maximum of 18 people at any given time (including staff).
Acoustics
The Indoor Sport and Recreation use must comply with the following Acoustic Amenity Criteria where measured from within any adjoining tenancy
7am to 10pm – noise levels must be no more than five decibels (A) above the background noise level
10pm to midnight – noise levels must no more than three decibels (A) above the background noise level
Midnight to 7am –  noise levels must no noise heard
In addition to the ​Acoustic Amenity Criteria detailed in Condition 8, the recommendations of the Gym Vibration Assessment prepared by Acousticworks dated 18 January 2022 must be implemented prior to the commencement of the use and maintained whilst the use continues to operate from the premises, recommendations are to be modified to include the following as a minimum:
Walls must be sound proofed on all sides
Doors must be acoustic
Installation of rubber flooring with at least 22mm thickness
The use gym equipment such must include bumper plates, coated dumbbells, kettlebells and installation of shock absorbing pads or decouplers to gym machines in order to separate them from the floor and prevent the transference of vibrations (in particular in free weights area)
All windows and doors must be locked shut during class times.
Before the use commences certification must be provided by a suitably qualified person that the proposal complies with the acoustic requirements of this approval.
Amenity
The approved use must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the adjoining or surrounding properties by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994.

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:
Insert Advisory Notes by clicking on the link
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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