Delegated Report - Impact - Planning MCU19 0061 · MCU19/0061

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU19/0061
Applicant	Taikong Australia Pty Ltd
Proposal	Material Change of Use – Entertainment and Dining Business - Type 2 Recreation, Amusement & Fitness
Properly Made Date	5 June 2019
Decision Due Date	25 September 2019
Report Completed Date	20 September 2019
Number of Submissions	Two

PROPERTY DETAILS
Property Address	Bay Village 18/18 Hastings St Noosa Heads Qld 4567
RP Description	Lot 18 on SP140844
Land Area	204.8m²
Existing Use of Land	Shop (confectionary store)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use
Overlays	Natural Hazard (Acid Sulfate Soils and Flood Hazard)
Assessment Type	Impact
PROPOSAL
The application seeks approval for a Material Change of Use – Entertainment and Dining Business - Type 2 Recreation, Amusement & Fitness.
The proposal is for a ‘family entertainment’ facility, to be known as Fun & Games, an amusement venue featuring approximately 20 virtual reality and arcade games. The proposed use will be wholly contained within an existing shopfront, with internal fit-out proposed to the tenancy. The fit out will include a variety of amusement and recreational devices, machines and consoles providing a range of amusement games and activities for ages 4 to adult, with the primary target range being ages 6 - 14 years.
Opening hours are proposed to be 9:00am to 9:00pm daily during the high season period, with hours reducing to around 10:00am to 5:00pm in the low season pending demand. The venue will be staffed at all times.

Figure 1: Locality Plan

Figure 2: Site Plan

Figure 3: Floor Plan

Figure 4: Store Front Elevation
site details
Background
The Bay Village shopping centre was first established in the early 1980s and is one of the only shopping centres along Hastings Street. The centre contains a mix of uses, including retail, dining and entertainment. The subject site is currently a Retail Business Type 2 Shop & Salon, being a confectionary store (refer to Figure 5).

Figure 5: Existing Store Front
Site Description
The subject site is located within Bay Village, and is part of the Bay Village Building Unit Plan (BUP). Bay Village is a two storey mixed use development located at 18 Hastings Street, Noosa Heads. The 204.8m2 subject site is located within Lot 18 (Shop 18), within a ground floor tenancy towards the rear of the mall, facing the food court area and backing onto the existing carpark (refer to Figure 2). Bay Village includes a range of retail, entertainment and dining tenancies. The site includes in excess of 142 onsite car parks.
Surrounding Land Uses
The subject site is located on Hastings Street, Noosa Heads and is surrounded by mixed use development, including the Sofitel Resort to the west and The Hastings beach houses to the east.
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
The Noosa Plan.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Noosa Heads Locality Code
The subject site is located in the Noosa Heads Locality and is zoned Visitor Mixed Use. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
Overall outcomes
The proposal is considered to comply with the following Overall Outcomes of the Noosa Heads Locality Code:
m) 	Hastings Street accommodates a high proportion of entertainment and dining premises providing interest for visitors;
q) 	Noosa National Park, Main Beach, surf off the headlands, Hastings Street and Noosa Junction are key visitor attractions;
dd) 	Hastings Street’s character of low rise buildings, vibrant pedestrian friendly streetscape, mix of indoor and outdoor activities, diverse dining opportunities, specialty Retail businesses and pedestrian links to Main Beach is maintained;
ee) 	Hastings Street and Noosa Junction contain a range of entertainment and dining businesses and venues that operate into the evenings and include live music which creates a vibrant atmosphere;
qq) 	For the Visitor Mixed Use Zone—development—
comprises small business outlets with individual character
comprises residential development that includes a mixture of building sizes and are designed for Visitor accommodation, are setback from the street and beach frontages and have a landscaped character consistent with the street landscaping themes;
contributes to a high level of residential amenity, design quality, landscape quality and safety;
respects the scale and character of the streetscape and surrounding development;
enhances the traditional focus for Visitor accommodation in the coastal part of Noosa;
incorporates Entertainment and dining businesses, Retail businesses and Commercial businesses that are of particular interest to visitors;
contributes to the economy of Noosa through the tourism and hospitality sectors; and integrates with nearby public recreation and landscaped carparking areas;
The proposal is considered to comply with the above Overall Outcomes of the Noosa Heads Locality Code, as the proposal is for an indoor entertainment premises providing interest for visitors, reinforces Hastings Street as a key visitor attraction. The use is for a small business which will contribute to the economy of Noosa. In addition, the proposal does not include any changes to the built form of Bay Village, therefore maintaining Hastings Street’s character of low rise buildings, with a vibrant pedestrian friendly streetscape
Built Form
No changes to built form are proposed as part of this application.
Business Uses Code
Overall outcomes
The proposal is considered to comply with the following Overall Outcomes of the Business Uses Code:
a)	Existing and future populations have access to an adequate level of goods and services; and
b) 	Business Uses meet the needs and expectations of the Noosa community in terms of providing—
i 	human scale in the building design;
iii 	development that is compatible with the existing character and amenity of the streetscape and surrounding area;
iv 	visual and physical connectivity between indoor and outdoor spaces;
v 	high levels of visual and acoustic amenity;
vi 	a low key, informal atmosphere;
vii 	safety and security for property owners, employees and patrons;
viii	logical traffic arrangements without congestion or lengthy delays; and
ix 	for the protection of environment and heritage values.
c) 	Business Uses contribute positively to the Shire’s economy and employment;
d) 	Business Uses are located where there is an appropriate level of infrastructure and a wide range of functions to support those uses;
e) 	Business uses in an urban zone, have appropriate connection to reticulated sewerage, water supply, stormwater drainage, electricity, and telecommunications services;
f) 	Business development has high levels of accessibility and functionality.
The proposal is considered to comply with the above Overall Outcomes of the Business Uses Code, as the proposal, is a consistent use within the zone, is compatible with the existing character and amenity of the streetscape and surrounding area, and will reinforce the low key, informal atmosphere of the area. A new, unique business use in Hastings Street will contribute positively to the Shire’s economy and employment, and is within a location that has high levels of accessibility and functionality.
Noise
Specific Outcome O20 of the Business Uses Code states Development is designed and sited to avoid noise emissions that unreasonably diminish the amenity of the area or surrounding uses. The application material states that ‘machines will be adjusted to low level or no sound as the premises will have own sound system’. The development will be required to comply with the Environmental Protection Act 1994 in regards to noise.
Driveway and Carparking Code
Car Parking
The subject site directly adjoins the onsite car park located to the rear of the property. The original proposal for Bay Village (TPC 1816 for 30 shops, Commercial Premises, Professional Offices, Catering Shops, Caterer’s Room, Surgery and Car Park) required 83 car parking spaces as per the calculation in the Shire Planner’s 3 July 1986 report. This calculation was based on an estimate of gross floor area and use types. The development permit conditioned 99 spaces and one loading bay. Minor changes to the original approval have occurred over time as new uses have been approved.
Bay Village currently provides 142 car parking spaces, well in excess of the original application requirements. In addition, a calculation based on an approximate total gross floor area of 2600m2, with an average of 1 carpark required per 20m2, results in an estimated current carparking requirement of approximately 130 parks for the entirety of the Bay Village complex. This calculation includes the approximately 530m2 gross floor area of the Rolling Rock nightclub, a business that operates outside of standard operating hours.
Under the Driveway and Parking Code, Specific Outcome O7 requires sufficient carparking to be provided to accommodate the number and type of vehicles likely to be generated by the development. This is to be considered in context with the following:
the type and intensity of the use;
any existing parking available;
hours of operation;
likely number of users;
peak parking demands;
the availability of alternative parking.
The current use, being Retail Business Type 2 Shop & Salon, was required to provide 12 carparks for the use, as per the following requirements:
1 space per 20m2, or part thereof, of use area for areas up to 100m2; AND
1 space per 15m2 or part thereof of use area for areas in excess of 100m2.
The proposed use, being Entertainment and Dining Business - Type 2 Recreation, Amusement & Fitness, is required to provide 10.2 carparks for the use, as per the following requirements:
1 space per 20m2, or part thereof, of use area (equals 10.2 carparks); OR
1 space per 3 persons capable of being entertained at any one time (equals 6.66 carparks), whichever is the greater.
Given the site currently contains 142 onsite carparks, and the requirement for carparking for the proposed use is less than the requirement for the current use, it is considered sufficient car parking is already available on site to accommodate the proposal. In addition, the proposed use is considered complementary to the other existing uses on the site and within the surrounding locality. As the target demographic is 6-14 years, it is anticipated that patrons attending the venue would likely already be in the locality at Hastings Street, having travelled to the site with a parent/guardian or via public transport, and therefore will not be creating any additional demand on carparking.
Infrastructure Charges
The proposed development is to be located within an existing shopfront that currently contains a confectionary shop, and does not propose an increase to gross floor area or impervious area as part of the development. Therefore, the proposal will not be subject to an Infrastructure Charge, as the credit for the existing Retail Business Type 2 Shop & Salon (confectionary shop) is in excess of the charge payable for Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness.
draft planning scheme
Under the draft New Noosa Plan, the proposed use would be defined as Indoor sport and recreation - the use of premises for a leisure, sport or recreation activity conducted wholly or mainly indoors and would remain impact assessable under the draft planning scheme.
The subject site is located within the Tourist Accommodation Zone, Hastings Street Mixed Use Precinct. The draft Tourist Accommodation Zone reflects the intent of the current Visitor Mixed Use Zone under the existing Noosa Plan. The draft Noosa Heads Local Plan Code includes the following Overall Outcome:
Development in the Hastings Street Mixed use precinct and the Noosa Junction Hospitality precinct provides a range of well-designed business and entertainment activities including live music and other artistic performances which creates a vibrant atmosphere.
There would be no change to the assessment outcome under the draft New Noosa Plan.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
Public Notification
The application was publicly notified for fifteen business days in accordance with the Planning Act 2016. Two properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
This would have a significant impact on our business, and the other businesses around us who cater to a mature demographic, in one of the last boutique sole trader areas in Hastings St. A large part of our trade comes from patrons of the Sofitel, who come to Bay Village for shopping, and food. These people are generally over 50, as are most of the shopping patrons of Hastings Street. I am not against young people having fun, but I believe the Junction is a better area for this kind of business, which is far more accessible to young people. The centre already has to employ security to handle large congregations of youths in busy times. The idea of a 7 day a week business open till 9pm catering to a very young demographic will surely create an increased need for security. I hope the Noosa Council would see this concept will severely affect trade in Bay Village for the many businesses catering to reading, relaxation, fashion, health and beauty for the many mature visitors to Noosa. I am sure that this kind of change in the demographic of Bay Village would lead to a closing of a number of businesses in close proximity over time.	The site is located within the Visitor Mixed Use zone, with the proposed use being a consistent use within this location. Overall outcome qq) of the Noosa Heads Locality Code states For the Visitor Mixed Use Zone—development incorporates Entertainment and dining businesses that are of particular interest to visitors. The proposal is considered to comply with this outcome, is considered complimentary to the existing uses within the complex, and will provide a new form of entertain not currently offered within the Hastings Street area. Current issues with young people congregating and security requirements onsite as a result is not a planning issue, however it is considered the proposal will offer young people visiting Hasting Street an additional entertainment facility within the location, which may reduce the issues currently being experienced within Bay Village.
The proposed development is to attract Noosa locals and visiting families to the Hastings St precinct.  Age demographic of 4yrs to Adult, with the primary target market being 6 to 14yrs, who are reliant on parents/cars for transport or Buses to the proposed area. Traffic congestion, limited or paid parking is an established Noosa Community concern. The Summary of Proposed DA states there are 10 serviced car spaces within the Bay Village complex – it is not clear (in the application) if they are paid for and designated to the tenant, reducing the number of car spaces available for the general public.	The Bay Village site provides in excess of 142 onsite carparking for the whole of the development site. These carparks are not designated to specific tenancies. The current use, being Retail Business Type 2 Shop & Salon was required to provide 12 carparks for the use, whilst the proposed use is required to provide 10.2 parks. As the requirement for carparking under the proposed use is less than the requirement under the current use, it is considered sufficient car parking is located on site to accommodate the proposal. In addition, the proposed use is considered complementary to the other existing uses on the site and within the surrounding locality. As the target demographic is 6-14 years, it is anticipated that patrons attending the venue would likely already be in the locality at Hastings Street, having travelled to the site with a parent/guardian or via public transport, and therefore will not be creating any additional demand on carparking.
The DA states that sound and music from the arcade and gaming machines will be adjusted to a low level or no sound at all, as the premises will be fitted with their own sound system. Integrated “noise” is generally part of the purpose and excitement of arcade games and encourages vocal participation. The general public who frequent Bay Village (year-round) between the operating hours of 7am – 5pm presently enjoy a relaxed, calm atmosphere. Business meetings over coffee, browsing the book store, enjoying a Spa treatment and shopping at their leisure in up-market specialist retailers. Will Council place conditions on the level of sound from this system and recommend that the doors remain CLOSED during their operating hours?	The development will be required to comply with the Environmental Protection Act 1994 in regards to noise.
During Holiday times the food court is at peak capacity for breakfast and lunch. Bikes, Skateboards and Scooters are a constant safety issue for Centre management, tenants, and general public and cleaning staff. Bay Village has experienced difficulties with under 18’s congregating via social media, in the Food Court in the late afternoon and early evening – the cleaners are not employed as security and from time to time professional Security has been brought in to prevent escalation of any issues. This creates a sense of unease with the general public (including young families) and tenants, detracting from the precinct as a whole. It is a common occurrence to have increased security adopted in such venues because of the potential for unsociable behaviour, especially after core business hours. At present, the current security and or security monitoring is at best, deficient to perform such a function.	Issues with young people congregating and onsite security requirements is not a planning issue, however it is considered the proposal will offer young people visiting Hasting Street an additional entertainment facility within the location, which may reduce the issues currently being experienced within Bay Village.
What provision will the ‘Fun & Games’ tenancy for 4 -14yr olds have in place if any situation  arises on their premises during their extended trading times (9am to 9pm) With the potential of older children engaging, loitering on the premises.	Onsite security personnel requirements is not a planning issue. This will need to be addressed by Fun & Games management in conjunction with the Body Corporate.
How will age restrictions be enforced on games for 12yrs+ (virtual reality as stated in point 4. Development intent).	Age restrictions is not a planning issue. This will need to be monitored by Fun & Games management and patrons.
The proposed demographic for this DA is highly targeted in the media by health professionals and the education system all recommending less time spent on phones, computers/ gaming and virtual reality systems. Significant parallels have also been drawn between video games and gambling based upon psychological and behavioural parallels between some forms of gambling and arcade games. - http://jgi.camh.net/index.php/jgi/article/view/3962/4190 (Reference “International Centre for Youth Gambling & High Risk Behaviours – McGill University” December 2016).	Screen time is not a planning issue. However, it is noted that the proposal is located within a mixed use area containing a high proportion of entertainment, dining and retail businesses, and in proximity to Noosa National Park and Main Beach, providing a range of complementary activities for visitors/patrons of the venue to engage in.
Noosa Tourism heavily promotes Noosa and Hastings Street as an intergenerational destination for families and holiday makers with an emphasis on outdoor activities and healthy lifestyle. Noosa Junction now presents an excellent opportunity for this type of activity for the intended demographic as there are complementary businesses already in place. i.e. movie theatre, Friday Night Markets, surf and skate shops and a broad range of fast food, cafes and restaurants all aimed at a family demographic. There has never been any need for families holidaying in Noosa to travel to Mooloolaba for ‘family nights’ as stated in the Development Intent.	The site is located within the Visitor Mixed Use zone, with the proposed use being a consistent use within this location. Overall outcome qq) of the Noosa Heads Locality Code states For the Visitor Mixed Use Zone—development incorporates Entertainment and dining businesses that are of particular interest to visitors. The proposal is considered to comply with this outcome, is considered complementary to the existing uses within the complex, and will provide a new form of entertain not currently offered within the Hastings Street area. Other localities within the Shire are not relevant to this application or assessment.
conclusion & reasons for decision
The proposed development is a reuse of an existing tenancy in a retail and entertainment business complex. 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 MCU19/0061 for a Material Change of Use - Entertainment and Dining Business - Type 2 Recreation, Amusement & Fitness situated at Bay Village 18/18 Hastings Street, Noosa Heads Qld 4567 and described as Lot 18 on SP140844, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU19/0061
Street address:	Bay Village 18/18 Hastings Street, Noosa Heads Qld 4567
Real property description:	Lot 18 on SP140844
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Entertainment and Dining Business - Type 2 Recreation, Amusement & Fitness
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
19030 A.01	1	Proposed Floor Plan	29/05/2019
19030 A.02	1	Front Elevation	29/05/2019
Nature and Extent of Approved Use
The approved use must not operate outside the hours of 9am to 10pm daily, including Sundays and any public holiday.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Noise
When requested by Noosa Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels and recommendations for noise reduction must be undertaken to investigate any non-vexatious complaint caused by noise emissions from operations at the premises. Such monitoring must be undertaken and completed within a reasonable and practicable timeframe as nominated by council, and be performed by a suitably qualified and experienced person. The NIAR must be submitted to Council upon request.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 25 September 2025, unless an application to extend the currency period is approved by Council.
Building Appearance
Any security screens on the premises consist of grille or translucent screens and not solid shutters, screens or roller-doors.
All mechanical equipment and other service infrastructure located on the site must be:
located not less than 2 metres from a property boundary
fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified on the Approved Plans or the conditions of this Decision Notice. Materials stored outside of the building must not exceed 4 metres in height or half the height of the building, whichever is the greater.
Advertising Devices
The total amount of signage for the subject site must comply with the Advertising Devices Code.
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:
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
There were two properly made submissions about the application. In accordance with Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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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