Delegated Report - Code - Planning MCU21 0057

Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0057
Applicant	Stockwell NC P/L TTE
Proposal	Material Change of Use - Indoor sport and recreation
Properly Made Date	19 April 2021
Information Request Date	5 May 2021
Information Response Date	10 May 2021
Decision Due Date	11 June 2021
Report Completed Date	10 June 2021
Report Reviewed By	Patrick Murphy    10.06.2021

PROPERTY DETAILS
Property Address	Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
RP Description	Lot 3 SP 246584
Land Area	31.73 Hectares
Existing Use of Land	Showroom

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Major Centre
Precinct	Business Centre Precinct – Showroom Precinct
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soils Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Indoor sport and recreation. The proposed Pilates studio is within a showroom tenancy on the northern side of the Noosa Civic Business Centre. The applicant seeks to convert a vacant tenancy to an Indoor Sport & Recreation (Pilates studio). The proposed development proposes an additional mezzanine storage area at the rear of the lease area which slightly alter the total GFA of the lease area by 38m2 for a total GFA of 400m2 +19m2 bicycle Parking area. The changes to the tenancy are internal to the building and will not alter the built form or physical scale of the approved buildings
The proposed Pilates studio will be used independently to the adjoining F45 gym and will include the following features:
Maximum classes of 40 people
Maximum of 8 classes per day with the first at 5am and final class concluding at 9pm, 7 days a week
45 minute classes weekdays and 1 hour on weekends – outside of these times the centre is closed.
There will be a maximum of three (3) staff members on site at any one time.
The Pilates studio only runs organised classes with 95% members and 5% casuals.
Small Retail and office space out the front selling associated health products and register.
Toilet amenities at the rear of the open studio and 40m2 mezzanine.
The tenancy to be sound proofed and air conditioned.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Proposed Tenancy Location

Figure 3 – Tenancy Plan

Figure 3 – Floor Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

site details
Background
The site is part of the Noosa Civic Development. The approval included 7,200m2 of showrooms constructed with the original shopping centre development, with the showrooms known as the Emporium complex.
This tenancy has previously been used as a furniture store (Jawa) and temporary library (Noosa Council).
On the 20 March 2018, Council issued a Development Permit for Entertainment & Dining Type 2 Recreation Amusement and Fitness (F45 Gym) in the adjoining tenancy. Some of the approval conditions were:
Nature and Extent of Approved Use
4.  The Fitness Centre class size must not exceed a maximum of 40 persons at any one time, including staff.
5.   The Fitness Centre may operate 5.am to 7:30pm, Monday to Sunday
Acoustics
6.    The use of the premises must comply with the following requirements:
a. Ensure all windows and doors facing Noosa Civic are locked shut during class times or when amplified music is being played;
b. The common wall to the adjoining tenancy is to be sound proofed to the reasonable satisfaction of Council;
c. All amplified sound at the premises must be conducted through a sound limiting device at all times to ensure that noise does not cause nuisance;
d. The sound limiting device is to have a locking mechanism or be located within a locked enclosure, which is to be locked at all times except for inspection or maintenance work on the device;
e. Access to the sound limiting device, except for maintenance work, is restricted to the gym manager, nominee and the person in charge of the premises at any time; and
f. The sound limiting device must be checked and if necessary adjusted by a qualified acoustic consultant at least every 12 months to ensure compliance with condition c). Acoustic certification is to be kept on site.

Site Description
The proposal is within the Noosaville Local Plan area and is zoned major Centre. The site is described as the Noosa Civic Business Centre Precinct – 5B - Showroom Precinct. The subject tenancy, EC02 has a GFA of 419m2 and pedestrian access is available from the south, whilst the site is also serviced by a roller door at the rear of the tenancy for deliveries. Carparking is provided to the south inclusive of the Noosa Civic Business Centre Precinct.
Surrounding Land Uses
The surrounding land uses of the tenancy include a vegetation covenant to Eenie Creek Road to the north, Noosa Civic Shopping Centre to the South, Cash Convertors tenancy to the east and F45 Gym 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;
Noosaville Local Plan Code;
Recreation Activities Code;
Works Codes;
The subject site is located in Noosaville 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:
Criteria	Planning Scheme	Proposal	Complies
Gross floor area	7700m2 max (Retail)	30m² (retail)	
Carparking	The carparking requirement is discussed further below. As the use is a part of the shopping complex, the allocated amount of parking to the tenancy is 8 car spaces while the proposed used requires an additional 13 carparks.	X
Bicycle Spaces	9 bicycle spaces	8 bicycle spaces	X

Gross Floor Area
Performance Outcome PO66 of the Major Centre Zone Code seeks within the Showroom precinct development provides for large format showroom premises with a combined maximum total gross floor area for retail uses of 7,700m2 for Lot 3 SP246584. This was a reflection of the existing condition subjected to the showroom precinct which restricted the amount of retail floor space for showrooms. The proposed Pilates studio has a GFA of 419m2, however only 30m2 of that is to be used for retail, dramatically reducing the previous retail space of the tenancy. The development is consider to be generally in accordance with PO66.
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 200 metres south of a residential zone and separated by the Eenie Creek Road Roundabout. The proposed Pilates studio adjoins to F45 to the west, of which operates 5:00am to 9:00pm and a retail store to the east. The proposed tenancy is within the predominantly retail Noosa Civic– Showroom Precinct, approximately 220 metres north of the Noosa Civic - Retail Precinct and 210 east of the Noosa Civic – Business Park Precinct.
The opening hours of the Noosa Civic Shopping Centre are as follows:
Monday		9:00am – 5:30pm
Tuesday 		9:00am – 5:30pm
Wednesday 	9:00am – 5:30pm
Thursday 		9:00am – 7:00pm
Friday		9:00am – 7:00pm
Saturday 		9:00am – 5:00pm
Sunday 		10:00am – 4:00pm
The applicant proposes the following details regarding class hours of operation and noise;
maximum classes of 40 people
maximum of 8 classes per day with the first at 5am and the final class concluding at 7pm, 7 days a week
45 minute classes weekdays and 1 hour on weekends – outside of these times the centre is closed
The tenancy will be sound proofed and air conditioned
The timeframe for the proposed Pilates Studio extends beyond that of the Noosa Civic Shopping Centre, however the location of the tenancy is not within a proximity to a sensitive land use. The distance between the residential zone and the proposed tenancy is considered as sufficient, whilst Eenie Creek Roundabout will act as a further noise deterrent. In addition, the proposed sound proofing of the tenancy will mitigate noise generated from the Pilates Studio. The proposed timeframes and noise emissions avoid negative impacts on the amenity of the surrounding area and sensitive land uses. As such, the proposal complies with Performance Outcomes PO9 and PO10 of the Recreation Activities Code.
Carparking
Acceptable Outcomes AO6.1, and AO6.4 of the Driveways and Parking Code seek developments include sufficient parking for customers and staff. AO6.1 requires that the number of car parking spaces, motorcycle spaces, bicycle spaces and loading bays is not less than the minimum number specified in Table 9.4.1.4 Minimum parking requirements including end of trip facilities. AO6.3 requires that secure and convenient parking spaces for bicycles are designed and provided on site in accordance with AS2890.3 AO6.4, bicycle spaces and end of trip facilities need to be accessible to all users
Table 9.4.1.4 Minimum parking requirements including end of trip facilities, indicates the proposed Pilates Studio requires 21 car parking spaces, 4 motorcycle spaces and 8 bicycle spaces. The tenancy currently provides 8 car parking spaces, 13 short of the 21 required. A Traffic and Transport Report was compiled for the adjoining F45 gym and identified the following:

The traffic generation associated with the development will represent less than 3% of the overall centre generation on Thursdays and 2% on Saturdays which is a negligible increase.

A peak demand of 39 spaces occurs before centre opening hours on both Thursday and Saturday peak periods. The car parking surplus at the centres peak hours remain unaffected, as the F45 development does not operate during 10:00am to 4:00pm. At peak periods, on Thursday and Saturday, the centre has available parking storage of 286 spaces and 478 spaces respectively.

To address the non-compliance with the parking amount the proposed Pilates studio will operate in a similar capacity to the adjoining F45 Gym, to avoid the peak shopping hours for the shopping complex. The classes of up to 40 people mostly avoid the peak traffic hours between 10am and 4pm. The proposed peak times are in contrast to those of the surrounding Showroom Precinct and therefore the development complements the surrounding businesses in this regard.
The proposal has provided the following schedule of times for the classes which will be conditioned. Operating during these hours should not place a burden on car parking amounts for the shopping complex.
Monday to Friday: 5:15AM–10:30AM & 4:30PM–6:15PM;
Weekends: 7AM – 11AM & 3:30PM – 5:15PM
In addition, the proposed use can repurpose 20m2 of the loading bay for bicycle and motor cycle parking. The nine (9) bicycle spaces will be conditioned in the approval, however the motor cycle parking has been addressed along with the car parking in which the operation hours are restricted.
Showroom Precinct – PO66

cONSULTATION
Referral Agencies
Chief Executive of the distribution entity or transmission entity
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme, with the only issue being the increase of parking requirement with the change. The development has demonstrated compliance by restricting the number of persons and operation hours to avoid peak traffic hours associated with the Noosa Civic development, in a similar way to the adjoining indoor sport and recreation use. The operational uses of the development have been conditioned with this approval. 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 MCU21/0057 for a Material Change of Use - Indoor sport and recreation situated at Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566 and described as Lot 3 SP 246584, it is recommended the application be approved in accordance with the following details for the Decision Notice:

application details
Application No:	MCU21/0057
Street address:	Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
Real property description:	Lot 3 SP 246584
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
L01-20DC	R6	Proposed Floor Plan	18/02/2021
Nature and Extent of Approved Use
Approval is for a Fitness Centre with a total gross floor area of 400m2.
The Pilates Studio class size must not exceed a maximum of 40 persons at any one time, including staff.
The Pilates studio may operate during the following hours:
Monday to Friday: 5:15AM–10:30AM & 4:30PM–6:15PM;
Weekends: 7AM – 11AM & 3:30PM – 5:15PM
ACOUSTICS
The use of the premises must comply with the following requirements:
Ensure all windows and doors facing Noosa Civic are locked shut during class times or when amplified music is being played;
The common wall to the adjoining tenancy must be constructed to have a sound reduction index (Rw) of 50 in accordance with Part F5 of the National Construction code 2016 volume One to ensure noise from the gym is not audible to adjoining tenants;
All amplified sound at the premises must be conducted through a sound limiting device at all times to ensure that noise does not cause nuisance;
The sound limiting device is to have a locking mechanism or be located within a locked enclosure, which is to be locked at all times except for inspection or maintenance work on the device;
Access to the sound limiting device, except of maintenance work, is restricted to the gym manager, nominee and the person in charge of the premises at any time; and
The sound limiting device must be checked and if necessary adjusted by a qualified acoustic consultant at least every 12 months to ensure compliance with conditions c). Acoustic certification is to be kept on site.
Currency Period
This development approval lapses if the use has not happened by 11 June 2027, unless an application to extend the currency period is approved by Council.
Bicycle parking
Nine (9) bicycle spaces are to be provided within the 19m2 of area shown on approved Plan: L01-20DC.
referral agencies

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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20 April 2021

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Via email: [email protected]

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Attention: Jack Lewis
Via email: [email protected]

Dear Sir/Madam,

Development Application - Material Change of Use for Indoor sport
and recreation located at 28 Eenie Creek Rd, Noosaville, described as
Lot 3 $P246584.

Applicant Ref: 0276

Council Ref: MCU21/0057

Our Ref: HBD 7244629

 

 

We refer to the above referenced Development Application which has been
referred to Energex Limited in accordance with the Planning Act 2016.

In accordance with Schedule 10, Part 9, Division 2 of the Planning
Regulation 2017, the application has been assessed against the purposes of
the Electricity Act 1994 and Electrical Safety Act 2002. This response has
been provided pursuant to the requirements of section 56/1) of the Planning
Act 2016.

As an Advice agency to the application Energex Limited has no requirements
in relation to the proposed Material Change of Use for Indoor sport and
recreation.

Should you require any further information on the above matter, please
contact Angela Cobcroft on 0447 671 554 or email
[email protected],

  

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“Telephone (07) 9068 4000,
Facsimile (07) 2005 201,
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Energex Limited
‘ABN 20078849 055