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MCU19-0132 Applicant's Response to Council's IR

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19th December 2019

Our Ref: 2095
Council’s Ref: MCU19/0132

Noosa Shire Council
The Chief Executive Officer
9 Pelican Street
Tewantin QLD 4565
Via email: [email protected]


ATTENTION: Billy Glover


Response to Council’s Information Request– Application for a Development Permit to Establish a
Business Use - Entertaining and Dining Business – Type 2 Recreation, Amusement and Fitness
(Impact Assessable)

24 Venture Drive, NOOSAVILLE 4566 QLD
Lot 15 on SP216079


Dear Billy,

In relation to the abovementioned property and development application (MCU19/0132), on behalf of APPJ
Holdings Pty Ltd, we hereby submit the following information as requested in Council’s Information Request
dated 29th November 2019.

In accordance with section 13.2 of the Development Assessment Rules, we wish to advise that the
applicant is providing all of the information requested.

The following attachments are enclosed within this response:

          • Attachment 1 –Amended Site Plans prepared by Zest Building Design,
          • Attachment 2 – Anytime Fitness Noosa member usage data prepared by Anytime Fitness
              Noosa,
          • Attachment 3 – Acoustic Properties of Precast Concrete factsheet prepared by National
              Precast Concrete Association Australia, and
          • Attachment 4 – Swept Paths prepared by BMC Traffic.




RG Strategic                                                       PO Box 1818       07 5430 6659
                                                                   Noosa Heads       [email protected]
                                                                   QLD 4567          rgstrategic.com.au
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Page 2

Information Required by Council - Carparking and Operations (Planning)

1)   Notwithstanding the above advice and should the applicant seek to pursue the proposal, provide
     details and material demonstrating compliance with Specific Outcome O7 of the Driveways and
     Carparking Code, prepared by a suitably qualified and experienced traffic engineer. This must be
     supported by parking surveys at 2 existing gyms of similar floor area and mode of operation. The gross
     floor area, use area, carparking and membership levels of those gyms must be provided. Surveys must
     be undertaken at appropriate times (time of year, days and hours) to ensure the results are
     representative of actual conditions.

2) Notwithstanding item 1 above, should the submitted ‘Average Daily Member Usage’ data be used to
     support the response to Councils information request, the raw/source data and relevant details of the
     tenancy must be provided. The relevant details must include the gross floor area, use area, carparking
     and membership level.

3) Provide the proposed group training times and maximum numbers per group.


Applicant’s Response - Carparking and Operations (Planning)

1) Due to the costs associated with undertaking a traffic analysis, the applicant has not engaged a
qualified traffic consultant to undertake such analysis. Rather the applicant is relying on a reasonable
approach be considered.

We are able to ascertain the current customer base of Anytime Fitness Noosa as they are simply
relocating. However, to gather other gym’s (competitors) data is simply not possible.

Firstly, it must be stated that patronage numbers are not determined by the size or availability of gym floor
workout area. The assumption that Council makes that a larger gym results in an increase in membership
numbers is flawed. Economic consideration, catchment demographics (age, economic capacity –
discretionary expenditure on recreational pursuits, ease of access, and the like) and population numbers
of the catchment are greater means to which define potential usage of the facility.

The existing number of gym/fitness centres/boot camps/outdoor recreational opportunities are such that
a relocating facility will not automatically see a growth in membership. It may actually see a reduction in
membership as some members may have joined due to the convenience of the ancillary activities located
at the Noosa Civic.

As stated with the Driveway and Carparking Code, development that is consistent with the specific
outcomes in sections 14.112—14.114 complies with the Driveways and Carparking Code. Specific Outcome
07 within the Driveway and Carparking Code prescribes the following:

        O7 Sufficient carparking is provided to accommodate the number and type of vehicles likely to be
        generated by the development having regard to the specifics of the use including—


                                                                    PO Box 1818         07 5430 6659
                                                                    Noosa Heads         [email protected]
                                                                    QLD 4567            rgstrategic.com.au

Page 3

       a) the type and intensity of land use;
       b) any existing parking available on the site;
       c) hours of operation;
       d) likely numbers of users;
       e) the peak parking demand periods of uses on the site; and
       f) the availability of alternative carparking.


   a) The applicant is able to ascertain the number of carparking spaces required for their proposed use
   based on their current customer base. As Anytime Fitness Noosa is simply relocating, it is to be
   expected that existing membership numbers will remain the same. The intensity of the land use is
   validated through the patron usage data collected by the gym operators over the months of August
   and September 2019 (Attachment 2).

   b) A reconfiguration of the existing carparking arrangement is proposed. The redesign of the
   carparking area in front of the existing building will enable an additional 3 spaces to be provided. The
   reconfiguration of the carparking arrangement enables a more efficient use of land whilst not
   impeding on the ability of the site to be accessed by trucks or service vehicles.

   c) As Anytime Fitness Noosa operates as a 24-hour gym, this enables members to utilise the gym
   facilities at all times of the day. This flexibility reduces the impact on carparking as a result of peak
   attendance. As demonstrated by the patron usage data (Attachment 2) and the data complied on
   Australian gymnasiums (refer to Planning Report, Section 5.2), the periods of peak attendance are
   generally outside of peak business hours.

   d) The likely number of users can be ascertained by the patron usage data complied by the applicant
   (Attachment 2). Sufficient carparking infrastructure is provided to meet the likely number of uses at
   any one time as demonstrated within Tables 1 and 2 below.

   e) The peak parking demand periods are in direct correlation to the peak attendance rates by the
   members (Attachment 2). This data demonstrates that peak times generally occur in the mid-morning
   and early afternoon, and generally occurs outside peak business hours.

   f) In addition to complying with the carparking requirements as evidenced in (Tables 1 and 2 below),
   on-street carparking is available throughout the industrial estate. Venture Drive and the connecting
   roads are all approximately 12 metres wide (Figure 1) which facilitates on-street parking. Directly
   adjacent to the site’s crossover, there is sufficient space for at least two additional vehicles to be
   parked.

   Additionally, public transport is available to gym members with a bus stop located approximately 700
   metres from the gymnasium (Eumundi – Noosa Road).

As an impact assessable application, compliance with the probable solutions within the codes is not
mandatory. Probable solutions apply only to accepted development and are only one way of meeting
the Specific Outcomes of the code for Code Assessable applications. On this basis the proposed indoor
gymnasium has sufficient carparking available on site to address the expected parking demands. The

                                                                   PO Box 1818         07 5430 6659
                                                                   Noosa Heads         [email protected]
                                                                   QLD 4567            rgstrategic.com.au

Page 4

proposed carparking arrangement is consistent with the intent of Specific Outcome O7 and as such the
proposed development complies with the Driveway and Carparking Code.




Figure 1: Site Aerial Photograph
Source: NearMaps


Table 1: Proposed On-Site Carparking Infrastructure

 Qty of Spaces                            Existing                             Proposed

 Car park                                14 spaces                             17 spaces

 Motorcycle / Scooter                         0                     4 spaces (1 equivalent car space)

 PWD                                      1 space                               1 space

 Total                                  15 spaces                              19 spaces


Table 2: Prescribed Carparking Requirements

                                                                           Spaces          Proposal
   Planning Instrument                        Rate
                                                                          Required        Compliance
                            1 space per 20m2, or part thereof, of use 19 members (7
                            area; OR                                     spaces)
 Noosa Plan 2006            1 space per 3 persons capable of                 +                 ✓
                            being entertained at any one time,            3 staff
                            whichever is the greater                   = 10 spaces
 Draft New Noosa Plan
                            Sufficient spaces for the intended use        19 spaces            ✓
 2019
 Council’s Established      0.85 carparking spaces / person being
                            ‘entertained’
                                                                          17 spaces            ✓
 Rate




                                                                      PO Box 1818         07 5430 6659
                                                                      Noosa Heads         [email protected]
                                                                      QLD 4567            rgstrategic.com.au

Page 5

The Draft New Noosa Plan was endorsed by Noosa Council on the 11th December 2019 and as such
substantial consideration should be placed on the requirements prescribed within the new planning
scheme.

Council’s peer review consultant derived that parking demands associated with the Fitness Centre are
more likely to be in line with 1.5 persons per car

Using Council’s established car parking demand rate associated with an indoor gymnasium use located
within the Industry Zone of 1.5 persons/car space (see Delegated Report prepared by Lisa Pienaar
MCU16/0137), the following calculation represents the number of gym members and staff that can be on
site utilising the proposed car parking arrangements.

                19 carparking spaces available x 1.5 persons = 28.5 persons allowed on site.

The above calculation does not take into consideration the 15 bicycles spaces that are to be provided.

Further, with no more than 19 members attending the gymnasium at any one time and 3 staff members
on site, even allowing for a 5% growth in membership per year, sufficient carparking is available on site
for 5 years of continual exponential membership growth.



In summary,

• the proposed development is consistent with the intent of Specific Outcome O7 of the car parking
   code (Noosa Plan 2006),

• the proposed development is consistent with the requirements of the endorsed Draft New Noosa
   Plan, and

• the proposed development is consistent with Council’s established car parking demand rate
   (MCU16/0137).



2) Refer to Attachment 2 – Anytime Fitness Noosa member usage data prepared by Anytime Fitness
Noosa, including raw data.

3) Anytime Fitness Noosa will not be offering timetabled group training sessions. Gym staff are on site to
offer fitness assessments, personal one on one or small group training and specialised training (injury
recovery for example). Anytime Fitness Noosa will be accessible to members 24 hours a day.


Information Required by Council - Carparking (Engineering)

4) Provide detailed information that:

        a) includes the width of all access aisles and demonstrate they’re in accordance with AS/NZS
        2890.1:2004;

        b) clearly shows the dimensions of the spaces and associated clearances in accordance with


                                                                    PO Box 1818        07 5430 6659
                                                                    Noosa Heads        [email protected]
                                                                    QLD 4567           rgstrategic.com.au

Page 6

        AS/NZS2890.1:2004 for the relevant user class (class 2) and AS/NZS2890.6:2009 for the parking for
        people with disabilities;

        c) shows vehicular movements for entering/exiting proposed car spaces – specifically carpark
        spaces #3, #4, #5, #10 and #18.

                i. Note: Council considers that an acceptable number of maneuvers to access the spaces
                is a maximum of:

                ii. 3 movements for customer spaces; and

                iii. 4 movements for staff spaces.


Applicant’s Response - Carparking (Engineering)

Refer to Attachment 1 – Amended Site Plans prepared by Zest Building Design. The site plan details the
width of the access aisles and dimensions of the carparking spaces. The car parking area has been
redesigned and Swept Paths (Attachment 4) have been prepared by BMC Traffic which demonstrate the
vehicle movements on site.


Information Required by Council - Proposal Plans and Noise

5) Provide elevation and section plans of the building, including any resultant changes considering the
    items above.

6) Demonstrate how noise will be mitigated from emanating from the building.


Applicant’s Response - Proposal Plans and Noise

5) As stated within the Planning Report, no alterations to the external built form are proposed. Elevations
and detailed plans were submitted to Noosa Council with regard to the original approvals for MCU and
OPW (MCU16/0087 and OPW16/0159) and were approved by Council on 18th August 2016.

6) There is no requirement for noise mitigation measures as the proposed noise levels are as such that they
will not impact upon the adjoining industrial uses. There is no potential for noise impacts due to:

    a) the construction of the building,

    b) proposed gym operation style,

    c) uses occurring in the adjoining tenancies, and

    d) distance from sensitive uses.

a) The existing premises is constructed from prefabricated tilt up concrete slabs of 150mm thick. Utilising
existing industry data (Attachment 3 - Acoustic Properties of Precast Concrete Factsheet prepared by
the National Precast Concrete Association Australia) it is recognised that there would be a noise reduction
rating of up to 30dBa between internal and external receivers for this type of construction material.

                                                                     PO Box 1818        07 5430 6659
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au

Page 7

It is also recognised that sound will seek openings or less dense material through which to pass. This would
be concluded as the front roller doors which face directly onto the carpark and away from the adjoining
industrial uses. Further, the industrial unit is air-conditioned and therefore all openings to the gymnasium
will be closed during use.

b) Notwithstanding that the subject site is located in the Industry Zone of the Noosaville Locality, the
operation of Anytime Fitness Noosa provides far less impacts than a class-based fitness model. As this is
not a class-based gymnasium there is no loud themed “motivational” music which can present as impacts
(for example F45 style operations). Any music played within Anytime Fitness Noosa is at a level that still
enables patrons to be able to have a conversation. The current use operates within a shopping centre
and does not present any noise impacts to adjoining uses in the centre.

c) The current existing use west of the subject site is a caravan repair/maintenance use which utilises
processes as grinding, cutting and fitting of various materials including metal, hard plastics and the like.
These works are all undertaken with all roller doors open as demonstrated in Figure 2 below.




Figure 2: Adjoining Use West of Subject Site
Source: Google Street View

The current uses to the East are also situated in an industrial building fabricated from prefabricated
concreate tilt slabs that will prevent any perceived noise impacts from occurring (Figure 3).




Figure 2: Adjoining Use East of Subject Site
Source: Google Street View


                                                                    PO Box 1818        07 5430 6659
                                                                    Noosa Heads        [email protected]
                                                                    QLD 4567           rgstrategic.com.au

Page 8

d) The proposed indoor gymnasium is appropriately sited away from any sensitive uses. The closest
sensitive use is approximately 40 metres away (caretakers’ units within 20 Venture Drive). It is noted that
members utilising the gym’s facilities from 6:00PM onwards (6 persons/hour maximum) is significantly less
than during the peak times (8:00AM and 3/4:00PM). As such, the likelihood of the indoor gymnasium
impacting upon the amenity of the closest sensitive use is unlikely.

Furthermore, it would be expected that the amenity of the closest sensitive use is more likely to be
impacted upon by the nearby brewery and restaurant (Land and Sea) directly adjacent. The pub is
approximately 70 metres away and consistently has patron numbers which exceeds their current
approval. The pub holds functions and entertainment 7 days a week till late.


Information Required by Council - Easement and Landscaping

7) Provide amended proposal plans accurately detailing the property boundaries, easement at the rear
    of the site and demonstrating compliance with Probable Solution S1.1 of the Landscaping Code.


Applicant’s Response - Easement and Landscaping

Refer to Attachment 1 –Amended Site Plans prepared by Zest Building Design which details the rear
easement. No alteration to the existing landscaped areas are proposed.


Information Required by Council - Bicycle Parking and End of Trip Facilities

8) Provide details of the proposed bicycle parking and end of trip facilities demonstrating compliance
    with S31.2 and S31.3 of the Business Uses Code.


Applicant’s Response - Bicycle Parking and End of Trip Facilities

Refer to Attachment 1 – Amended Site Plans prepared by Zest Building Design which details the end of
trip facilities proposed. Two showers are included within the proposal, and sufficient area is available for
the storage of bicycles and personal items.



This ends my client’s response to matters raised by Council within their Information Request. We ask that
Council proceeds with the assessment of this application under section 13.3 of the Development
Assessment Rules, effectively ending our applicant’s response period. Should you require any additional
information or have any queries please to not hesitate to contact us.

Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic


                                                                       PO Box 1818     07 5430 6659
                                                                       Noosa Heads     [email protected]
                                                                       QLD 4567        rgstrategic.com.au

Page 9

STRATEGIC SOLUTIONS,
CREATIVE THINKING

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