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Existing Approval Documents

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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.

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