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Existing Approval Documents
Existing Approval Documents Request for a Minor Change to the Conditions specified within approval - 19040DA. Shop 2B / 7-9 Gibson Road, NOOSAVILLE 4566 QLD Part Lot 2 on SP127822 EFM Health Clubs Noosaville 10th May 2024
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% FQ} 2) \ Environment & Planning Directorate’s Reports 10/3/2000 - Ordinary Meeting 16/3/2000 (100, rc | 13. PLANNING OFFICER’S (AW) REPORT FILE: 19040 DA ncrees | APPLICANT: Life Style and Focus Pty Ltd OWNER: Calardu Noosa Pty Ltd ATF Calardu NSA Trust SITE: 7 Gibson Road, Noosaville described as Lot 897 on RP 904040, Parish of Weyba, County March EXISTING USE: Vacant AREA: 4288 m? STRATEGIC PLAN: Preferred Business Centre Dominant Land Use: Other Designation: N/A ZONE: Special Facilities PROPOSED Indoor entertainment/martial art studio DEVELOPMENT: DEVELOPMENT Development Preliminary APPROVAL Permit Approval SOUGHT: Material Change of Use v Building Works Reconfigure a Lot Operational Works Plumbing & Drainage Works REFERRAL Nil AGENCIES: RECEIVED: 2 February 2000 NOTIFIED: 11 February - 4 March 2000 SUBMISSIONS: Nil FEES PAID: $1000.00 SEP c:\prod\word\doc\finalrep\00-03-10.doc 10/03/00
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‘Town Planning Zones
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Vilage Business
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PEARSE NT \
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Disclaimer: This plan reflects information
currently held in Council's records.
Accurate representations of boundaries over
individual allotments cannot be guaranteed.
Locations of entities shown on the plan are
indicative only. Do not attempt to scale!
4 Feb 2000
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NOOSA COUNCIL
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Environment & Planning Directorate’s Reports 10/3/2000 - Ordinary Meeting 16/3/2000 101 1 PROPOSAL The applicant is seeking to establish a Martial Arts Studio upstairs in the Harvey Norman Complex in Noosaville (refer to attachment 1 & 2). The business is presently being conducted at the Noosa Bicentennial Centre and caters for 59 students who attend an average of two classes per week. The majority of classes are conducted between the hours 4:00 pm and 9:00 pm. The applicant is seeking to establish the Centre at the Harvey Norman Complex to enable expansion and to increase the number of classes. The application was for an “educational establishment” which is defined as: ‘any premises used or intended for use as a school, college, university, technical institute, academy or other educational centre lecture hall, art gallery (non-commercial) or museum’ It is considered that a more appropriate definition pursuant to Section 1.2 of the Planning Scheme is “indoor entertainment” which is defined as: ‘any premises used or intended for use for any activity purpose of pursuit of an indoor nature which affords interest of amusement’. The latter may include uses such as dance halls, gymnasiums, sporting clubs and sports. The Acknowledgement Notice identified the use as “indoor entertainment” (martial arts studio). 2 TOWN PLANNING CONSIDERATIONS As the application was submitted under the new Integrated Planning Act (IPA) the assessment procedure follows the processes set out in the Integrated Development Assessment System (IDAS) i.e. Chapter 3 of IPA (1997). As Council has a transitional Planning Scheme applications are to be assessed against the relevant sections of the LG (PNE Act 1990) that would have applied if the application had been made under that Act. 2.1 STATUTORY REQUIREMENT The site is contained and does not conflict with the Business Centre preferred dominant land use designated within the Strategic Plan. The land is zoned Special Facilities with indoor entertainment requiring Impact Assessment within this zone. 2.2 COMPLIANCE WITH PROVISIONS OF THE TRANSITIONAL PLANNING SCHEME 2.2.1 Plan of Development On 14 October 1998, Council granted Development Approval for a showroom and professional offices at Lots 897 and 898 on RP 904040. Prior to this the site was the subject of a rezoning approval which resulted in the site being included within the Special Facilities (Commercial Uses as shown on Plan of Development) Zone (file no. R557). In accordance with the rezoning a Plan of Development (refer to attachment 2) is relevant for this site which indicates showrooms and professional offices as permitted development subject to conditions. Other uses such as educational establishments and indoor entertainments were identified as consent Development. SEP c:\prod\word\doc\finalrep\00-03-10.doc 10/03/00
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Environment & Planning Directorate’s Reports 10/3/2000 - Ordinary Meeting 16/3/2000 102 2.2.2 Car Parking The application for professional offices and showrooms indicated two professional offices would be located on the second storey at the front of each building and was assessed accordingly. The proposed use would be undertaken within one of these previously approved professional offices. A professional office requires one car space per 20 m? or part thereof of total use area or one space per two employees, whichever is the greater. Similarly indoor entertainment requires one space per 20 m? or part thereof of total use area or one space per three persons capable of being entertained at any one time, whichever is the greater. The floor area of the proposed Martial Arts Centre is approximately 353 m? and the maximum number of students in any one class is not expected to exceed 15. In the approval granted by Council for professional offices and showroom space the Planner’s Report indicated that the proposal would be providing 83 spaces whilst the Planning Scheme only required 52 spaces. In light of the above, it is considered there is adequate car parking provision. 2.2.3 Traffic/Character/Amenity It is not envisaged that the proposed use would generate a traffic problem nor would the character and amenity of the area be affected. The application is in order for approval. 3 OUTCOME OF PUBLIC NOTIFICATION The application was advertised for a period of 15 business days. No submissions were received. RECOMMENDATION With regard to 19040 DA (Lifestyle & Focus Pty Ltd) for a Material Change of Use of Premises for an Indoor Entertainment (Martial Arts Studio) at Tenancy A7 situated at 7 Gibson Road, Noosaville described as Lot 897 on RP 904040, Council approve the application and grant a Development Permit. Executive & Secretariat Human Resources Corporate Services Community Services Environment & Planning Works Business SEP c:\prod\word\doc\finalrep\00-03-10.doc 10/03/00
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 1
Comment [DSP]: Page: 1
Form 6 - Decision Notice If refused, delete the section headed
Referral Agencies
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION Referral Agency Address
Comment [DSP]: Page: 1
Insert Designer’s
Approval Type andName, Plandetails
Decision No. and
File No: 19040 DA Date of Decision: 16 MARCH 2000 Date ofdecided
Council Plan. to <
applicable codes
Comment mustPage:
[DSP]:
The developer comply 1 with the
1. APPLICANT DETAILS Insert Yes or No in each column
following codes for self-assessable
adjacent
developmentto each
relatedcategory.
to the development
Name: LIFESTYLE IN FOCUS PTY LTD approved under this Development Permit:-
Comment
1. < [DSP]: Page: 2
Postal address: PO BOX 1233 NOOSA HEADS QLD 4567
Type name of officer signing
SUBMISSIONS
Not applicable.
Phone no: 5474.8092 Fax no: 5473.5042 Mobile: Conditions and insert reasons for
refusal.
2. PROPERTY DESCRIPTION
Street address: TENANCY A7, 7 GIBSON ROAD
Suburb/locality NOOSAVILLE
Real property LOT 897 ON RP 904040, PARISH OF WEYBA, COUNTY OF MARCH 7/RP904040 PAR
description: WEYBA CTY MARCH
3. OWNER DETAILS
Name: CALARDU NOOSA P/L ATF CALARDU NSA TRUST
Postal address: A/1 RICHMOND RD FLEMINGTON NSW Postcode: 2140
4. APPROVAL TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Indoor Entertainment/Martial Art NO YES
Studio
5. DECISION DETAILS
Council decided to approve the application and grant a Development Permit.
6. SUBMISSIONS
No properly made submissions were received.
7. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
8. ASSESSMENT MANAGER
Name: Noosa Shire Council Signature: Date: 17/3/2000
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Noosa Council documents
NOOSA COUNCIL IDAS Development Application Decision Notice 2
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated Appeals by advice agency submitters
Planning Act (Chapter 4). 4.1.29.(1) An advice agency may, within the limits of
Division 8 - Appeals to court relating to its jurisdiction, appeal to the court about the giving
development applications of a development approval for a development
application if-
Appeals by applicants
(a) the development application involves impact
4.1.27.(1) An applicant for a development assessment; and
application may appeal to the court against any of
the following- (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(a) the refusal, or the refusal in part, of a application as a submission for an appeal.
development application;
(2) The appeal must be started within 20
(b) a matter stated in a development approval, business days after the day the decision notice or
including any condition applying to the negotiated decision notice is given to the advice
development, and the identification of a code agency as a submitter.
under section 3.1.6;1
Appeals for matters arising after approval given
(c) the decision to give a preliminary approval when (co-respondents)
a development permit was applied for;
4.1.30.(1) For a development approval given for a
(d) the length of a currency period; development application, a person to whom any of
(e) a deemed refusal. the following notices have been given may appeal to
the court against the decision in the notice-
(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the (a) a notice giving a decision on a request for
“applicant’s appeal period”) after the day the extension of the currency period for an approval;
decision notice or negotiated decision notice is (b) a notice giving a decision on a request to make
given to the applicant. a minor change to an approval.
(3) An appeal under subsection (1)(e) may be (2) The appeal must be started within 20
started at any time after the last day a decision on business days after the day the notice of the
the matter should have been made. decision is given to the person.
Appeals by submitters (3) Subsection (1)(a) does not apply if the
4.1.28.(1) A submitter for a development application approval resulted from a development application
may appeal to the court about- (superseded planning scheme) that was assessed
as if it were an application under a superseded
(a) the giving of a development approval, including
planning scheme.
any conditions (or lack of conditions) or other
provisions of the approval; or Division 9 - Appeals to court about other matters
(b) the length of a currency period for the approval. Appeals for matters arising after approval given
(no co-respondents)
(2) The appeal must be started within 20
business days (the “submitters appeal period”) 4.1.31.(1) A person to whom any of the following
after the day the decision notice or negotiated notices have been given may appeal to the court
decision notice is given to the submitter. against the decision in the notice-
(3) If a person withdraws a submission before (a) a notice giving a decision on a request to
the application is decided, the person may not change or cancel a condition of a development
appeal the decision. approval.
(4) If an application involves both impact (b) a notice under section 6.1.442 giving a decision
assessment and code assessment, appeal rights for to change or cancel a condition of a
submitters are available only for the part of the development approval.
application involving impact assessment. (2) The appeal must be started within 20
business days after the day the notice of the
decision is given to the person.
2 Section 6.1.44 (Conditions may be changed or cancelled by
1 Section 3.1.6 (Preliminary approval may override local planning
assessment manager or concurrence agency in certain
instrument) circumstances)
(3)
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