Delegated Report MCU16/0089

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU16/0089
	
Author:	Glen Conforti
	
Project Director:	Glen Conforti
	

SUMMARY:

APPLICATION DETAILS
Applicant:	Clairetoone.com Pty Ltd
Proposal:	Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 - Recreation, amusement & fitness
Properly Made Date:	10/08/2016
Information Request Date:	Not Applicable
Info Response Received Date:	Not Applicable
Date of Site Visit:	August & September 2016
Decision Due Date:	19 October 2016
Number of Submissions:	1 properly made

PROPERTY DETAILS
Property Address:	203 Gympie Tce NOOSAVILLE  QLD  4566
RP Description:	Lot 2 RP 138699
Land Area:	2238m² - specifically lot 14 (63m²) & 15 (69m²) on the upper level totally 132m²
Existing Use of Land:	Offices

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Noosaville
Planning Precinct / Zone:	Visitor Mixed Use
Assessment Type:	Impact

PROPOSAL:

The application seeks approval for a Pilate’s studio within the 2 upper level tenancies (shop 14 & 15) of an existing building. A total of 132m² of Gross Floor Area is proposed. A separate area is proposed to be used for reformer classes and the primary teaching space with a maximum of 5 clients and 1 instructor. Separate to the teaching area is a reception area where basic items such as towels, water and the like are displayed and change rooms are located.

Class times are proposed Monday to Friday 6am, 7am, 8am and 4pm, 5pm and 6pm. One on one sessions will be offered outside these class times. A maximum of 3 staff members are proposed on-site at any one time.

Pilates focuses on alignment and controlled movements (may involve the aid of props) combined with concentration and breathing techniques rather than repetition. The applicant advises the emphasis is on small class sizes and personal instruction.

The owner also seeks to maintain the office approval over the tenancies.

SITE DETAILS:
Background / Site History
The subject tenancies are located on the upper level of the shopping complex.

The mixed use complex was constructed in stages over a number of years with different approvals and legislative requirements. At the time of the original approval, the developer sought approval in the form of a Town Planning Letter (TPL) which gave in principal support for offices and shops onsite. The following is the approval history for the whole shopping complex:

On 26 March 1970, Council issued an approval for a shopping complex to be constructed in stages.

In June 1971 Council approved Stage 2, a building fronting Thomas Street, which consisted of 2 shops and a residence to the upper floor.

At the time the original application was publicly notified, 1 submission was received.  The submitter was primarily concerned that there was not sufficient business to warrant additional shops in the area and therefore would create hardship for other businesses in the area.

As stage 3 in February 1980 Council approved a Town Planning Layout (TPL 15) for the erection of an additional shop and offices to the development. Shops and offices did not require council approval at the time. However, the TPL was issued ensuring the development complied with the provisions of the planning scheme in force at the time.

On 25 September 1996, Council approved (04999 TP) a restaurant on the ground floor of the building fronting Thomas Street and the residence on the upper floor changed to be used as an ancillary space for the restaurant with a condition stating “The first floor does not have approval for dining or cooking facilities”.

On 2 March 2006 Council approved alterations 132005.575 (2005/0575) to enable the restaurant to expand to the upper floor which was previously not approved for the use of dining. As part of this approval the applicant was required to pay contributions in lieu of car parking as it was determined there was insufficient car parking onsite for the additional restaurant floor area.

On 16 February 2007 Council approved a change to the approval 132005.575 to accept a reduction in the number of car parking spaces required for the restaurant which consequently reduced the monetary contribution required to 3 car spaces. These contributions for the 3 spaces have been paid in full.

On the 25 March 2015, Council issued a change to the approval TPC 56 (51901.4780.01) for a 20m2 timber deck and a new line marked car parking layout to Thomas Street providing for safer vehicle manoeuvring.

On 28 July 2015, Council issued a change to the approval TPC 56 (51901.4780.02) for the replacement of a material awning to a permanent covered roof and an awning extension, both to the Thomas Street frontage/boundary.

On 4 February 2016 Council issued a change to the approval (51901.4780.03) to include both Entertainment and dining business type 1 – Food and beverages (restaurant) and Commercial Business type 1 – office to a number of tenancies. This enabled flexibility in tenancies uses.
Site Description
Site & Locality Description
Road Frontage	Gympie Terrace and Thomas
Surrounding Land Uses:	Within the complex is a variety of cafes, restaurant and shops at street level. On the upper level, the tenancies adjoin a day spa. Directly adjoining the complex to the east is a service station and car wash. To the south east are residential apartments. To the south along Thomas Street are commercial premises such as shops, cafes and restaurants. Across Thomas Street are a variety of shops and restaurants with residential apartments on the upper levels. Opposite the site and across Gympie Terrace is the Noosa River foreshore.

Figures 1 and 2 below show the locality and the location of the tenancy within the complex.

Figure 1 - Locality

Figure 2 - The subject tenancy highlighted in purple.

The following planning scheme overlays are applicable to this application

Natural hazards Overlay – High Potential Acid Sulfate Soils
Natural Hazards Overlay - Flood hazard

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument
any applicable master plan
any applicable preliminary approval overriding the planning scheme and

The application has also been assessed against the planning scheme, including the following applicable codes:

Noosaville Locality Code
Business Uses Code
Landscaping Code
Engineering Works Codes

The subject site is located in the Noosaville Locality and is zoned Visitor Mixed Use. The proposed use is identified as a consistent use within the zone and is required to follow an impact assessable application process.
Locality Provisions
The relevant provisions of the Noosaville Locality Code for the Visitor Mixed Use zone include:
S55.1 	Business Uses are Entertainment & dining businesses or Retail businesses offering food, shopping, entertainment and personal services to residents and visitors.

S56.2 	Business Uses operate only between the hours of 7am to 10pm, 7 days a week, except Friday and Saturday, where Entertainment and dining business uses may operate until 12 midnight.
In addition to the above Probable Solutions, mixed use developments must meet Specific Outcome O56 which reads:
O56 	Mixed-use development, incorporating accommodation units, is designed and operated to ensure business uses do not have any adverse impact on the amenity enjoyed by residents, including impacts associated with—
a) 	visual and acoustic privacy;
b) 	safety and security; and
c) 	lighting.
The Noosa Plan provides support for the proposed Pilates studio providing the business does not adversely impact on the amenity of the residential uses that surround the site.
Pilates is becoming more popular and the proposed use would compliment and add positively to the services offered to local residents and visitors to the area.
The proposed use does not raise any significant planning concerns except for potential noise nuisance.
Noise
The applicant proposes early morning classes (from 6am Mon- Fri) consisting of up to 5 clients. The tenancy is within a mixed business use complex which does not include a residential use. However, units adjoin the site to the south east and there is the potential for noise nuisance. New windows facing south and new doors facing north are proposed. It is considered that Pilates does not generally create noise nuisance and is a reasonably quiet use. The applicant suggests background music may be used but it would unlikely to be above voice audibility.

The upper level consists of a suspended concrete floor and concrete filled masonry block external walls which have good acoustic properties. Given the material’s acoustic properties it is unlikely noise would emanate from the building to adversely impact on the nearby residential amenity. To ensure residential amenity a condition is recommended that requires the south facing windows to remain closed until 7am and compliance with relevant noise level criteria.

Access to the upper level is by aluminum stairs located to the east side between the street level shops. It is unlikely this would cause a noise nuisance as they are partially blocked by the building and not fully open to the car park adjoining the residential units.

Carparking
The proposal attracts a similar car parking rate to the previous office use. Table 1 below shows a comparison between the new and previous use.

Table 1 - Car Parking Comparison
Use	Planning Scheme requirement	Number of spaces required
Existing Commercial business type 1 – office	1 space per 20m² or 1 space per 2 employees	6.6 spaces
Entertainment and dining business type 3	1 space per 20m² or 1 space per 3 persons capable of being entertained	6.6 spaces

It is not expected the proposal will generate the need for additional car parking on-site.

Office Use
The owner of the complex wishes to maintain the office use over the upper level tenancies. This raises no concern given the offices were approved as part of the original approval.

CONSULTATION:

Public Notification
The application was publicly notified for 15 days in accordance with the requirements of the Sustainable Planning Act 2009.  One properly made submission was received.

The following table provides a summary and assessment of the issues raised by submitter.

Issues	Comments
The proposal raises noise concerns given the 6am classes and the 7pm finishing time	Pilates is generally a quiet use. The external walls are concrete filled masonry blocks which have good acoustic properties. Conditions are included to ensure windows facing the neighbouring residential use are closed for early classes and relevant noise levels are complied with.
The plan appears to be inaccurate	Agree. An accurate plan of the upper level has been provided since the public notification stage of the application process.
There is only a low barrier along the walkway and raises safety issues.	Agree. This is not a planning matter, but Building regulations would require a balustrade. The owner advises a compliant handrail will be installed.
Entertainment and dining business is a broad category which includes greater noise generating businesses such as restaurants and bars. ‘Would Council process permit such a change or would there be another round of consultation.’	The approval is for Entertainment and dining business type 3 – Pilates studio. Should another entertainment and dining business be proposed, the relevant planning process is required to be followed. Under the current Planning Scheme all Entertainment and dining businesses are impact assessable which require public notification in accordance with the relevant planning legislation.

CONCLUSION:

The proposed development complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU16/0089 for a Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 - Recreation, amusement & fitness (Pilates Studio) situated at 203 Gympie Tce NOOSAVILLE  QLD  4566 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU16/0089

1.	APPLICATION DETAILS

Application No:	MCU16/0089
Street Address:	203 Gympie Tce NOOSAVILLE  QLD  4566
Real Property Description:	Lot 2 RP 138699
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Entertainment & Dining Business Type 2 - Recreation, amusement & fitness (Pilates Studio)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	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
1512 Usage		Site Plan Permitted Change of Use, prepared by Greg Gibbs Architects	Jan 2016
1512 Pilates		Floor Plan, prepared by Greg Gibbs Architects	Sept 2016
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 6am to 9pm 7 days per week.
Noise
South and east facing windows/doors must remain closed prior to 7am.
The business must be operated in a manner that prevents noise emissions (including mechanical equipment) exceeding the levels specified in Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
PERIOD	Noise level at noise sensitive place measured as the adjusted maximum sound pressure level (L10, adj,T)
7am – 6pm	Background noise level (L90,T) plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Background noise level plus 3 dB(A)
NOISE LIMITS AT A COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (L10, adj,T)
7am – 6pm	Background noise level (L90,T) plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
The Entertainment and Dining Business Type 2 – Pilates Studio must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the surrounding properties. In this regard, when requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by any noise emissions from the premises. Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards.  The report must be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice.

5.	REFERRAL AGENCIES

Not Applicable.

6.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Noise
For the purpose of measuring and certifying relevant noise conditions and reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps, rooftop plant and equipment. etc) a suitably qualified person is either:
a Registered Professional Engineer of Queensland, or
an environmental consultant with a minimum of three (3) years current experience in the field of acoustics.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
7.	PROPERTY NOTES

Not Applicable.

8.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

9.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building work)

10.	SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Advertising Devices Code

11.	SUBMISSIONS

There was 1 properly made submission about the application.  In accordance with Sustainable Planning Act 2009, the name and address of the submitter is provided and attached.

12.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

13.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

14.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

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DELEGATED AUTHORITY REPORT

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