76 ordinary meeting 6 - city of cairns · specifically an f45 personal training studio, which is to...

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Agenda – Ordinary Meeting 12 February 2020 - #6277994

ORDINARY MEETING

12 FEBRUARY 2020 6

MATERIAL CHANGE OF USE INDOOR SPORT AND RECREATION – 2-8 TRINITY BEACH ROAD TRINITY BEACH – DIVISION 9 Nastassja Lazarus | 8/8/1542 | #6252268 PROPOSAL: INDOOR SPORT AND RECREATION (GYM) LANDOWNER: VASEY ESPLANADE PTY LTD APPLICANT: VASEY ESPLANADE PTY LTD C/- URBAN SYNC PTY LTD PO BOX 2970 CAIRNS QLD 4870 LOCATION OF SITE: 2-8 TRINITY BEACH ROAD TRINITY BEACH

PROPERTY: LOT 10 ON SP294324 ZONE: TOURIST ACCOMMODATION LOCAL PLAN: NOT APPLICABLE PLANNING SCHEME: CAIRNS PLAN 2016 V1.3 REFERRAL AGENCIES: NOT APPLICABLE NUMBER OF SUBMITTERS: 52 STATUTORY ASSESSMENT DEADLINE: 26 FEBRUARY 2020 APPLICATION DATE: 5 AUGUST 2019 DIVISION: 9 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. NOTICE OF INTENTION TO COMMENCE

USE 3. INFRASTRUCTURE CHARGES NOTICE

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LOCALITY PLAN

RECOMMENDATION

That Council approves the development application for Indoor Sport and Recreation over land described as Lot 10 SP 294324, located at 2-8 Trinity Beach Road, Trinity Beach, subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S)

The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date GA First Level – annotating “Back of House” and “Main Entrance”

DWG No: A2002, Revision CA-08

Received by Council on 17 January 2020.

Assessment Manager Conditions

1. This approval, granted under the provisions of the Planning Act 2016, shall lapse 6 years from the day the approval takes effect in accordance with the provisions of Section 85 of the Planning Act 2016.

2. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

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a. The specifications, facts and circumstances as set out in the application submitted to Council;

b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 3. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use 4. Prior to commencement of the use on the site, written notice must be given to

Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (Attached at Appendix 2).

Car parking 5. The amount of vehicle parking made available on site is 36 car parking spaces.

Car parking must be in accordance with condition 8 of Decision Notice decided on 29 April 2019 for a Change Application (Minor Change), Planning Reference: 8/8/1411, Document Reference: #6060983.

Limitations on Use 6. The use of the premises for Indoor Sport and Recreation is limited as follows: a. Opening hours are limited to between the hours: i. 5:00 am and 7:30pm Monday to Friday; ii. 6:30am and 7:30pm on Saturdays; and iii. 7:30am and 7:30pm on Sundays.

b. Patron access is not permitted outside of opening hours (ie. 24 hour swipe card access is not permitted).

c. Group classes are limited to between the hours: i. 5:00 am and 10:30 am and between 4:00 pm and 7:30 pm Monday to

Friday; ii. 6:30am and 9:30am on Saturdays; and iii. 7:30am and 10:00am on Sundays;

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d. Group training classes are limited to a maximum of 25 people per session; and

e. A maximum of three (3) staff on site at any given time; and f. Group training classes must not commence within 15 minutes of the

previous class ending; and g. Only one (1) class is to be conducted at any one time.

Acoustic Mitigation 7. The Owner/Applicant/Operator/Occupier must abide by the following noise

mitigation measures: a. Acoustic Mitigation fence i. Install a 2m high (when measured from ground level) acoustic

mitigation fence along the northern property boundary, adjoining the Roydon Apartments (83-87 Vasey Esplanade, Trinity Beach) as identified in Figure 4 of the Noise Impact Assessment – Version 1, prepared by MWA Environmental, dated: 6 November 2019.

ii. The Applicant is to submit details of the acoustic mitigation fence

to Council prior to the construction of the fence; details must:

A. Be prepared by a suitably qualified Engineer specialising in Acoustic Engineering; and

B. Demonstrate that a minimum surface area density of 12.5 kg/m2

can be achieved using minimal gaps and from materials such as masonry, timber paling (softwood minimum 20mm thickness) or fibre cement.

iii. The acoustic mitigation fence must be installed prior to the land use

commencing; and the acoustic mitigation fence must be maintained for the life of the development in accordance with endorsed details submitted to Council.

b. All openings are to be fully closed for the duration of classes in order to

limit noise impacts to surrounding land uses; and c. Install impact isolating flooring (such as rubber impact tiles) to the floor

of the studio where weights are to be used. Details are to be submitted to the satisfaction of Council prior to installation.

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Air-conditioning Screens 8. Any additional air-conditioning units to be installed that would be located

above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

ADVICE 1. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

2. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 3. Noise associated with the approved use including amplified music, and

including noise from air conditioning units, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 2008 and Environmental Protection Regulation 1998.

Infrastructure Charges Notice 4. A charge levied for the supply of trunk infrastructure is payable to Council

towards the provision of trunk infrastructure in accordance with the Infrastructure Charges Notice. The original Infrastructure Charges Notice will be provided under cover of a separate letter.

The amount in the Infrastructure Charges Notice has been calculated

according to Council’s Infrastructure Charges Resolution. Please note that this Decision Notice and the Infrastructure Charges Notice

are stand-alone documents. The Planning Act 2016 confers rights to make representations and appeal in relation to a Decision Notice and an Infrastructure Charges Notice separately.

The amount in the Infrastructure Charges Notice is subject to index

adjustments and may be different at the time of payment. Please contact the Planning Approvals Team at council for review of the charge amount prior to payment.

The time when payment is due is contained in the Infrastructure Charges

Notice.

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5. For information relating to the Planning Act 2016 log on to https://planning.dsdmip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au

LAND USE DEFINITIONS* In accordance with CairnsPlan 2016 the approved land use of Indoor Sport and Recreation is defined as: “Premises used for leisure, sport or recreation conducted wholly or mainly indoors” *This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. EXECUTIVE SUMMARY Council is in receipt of an application for Development Permit – Material Change of Use - Indoor Sport and Recreation (Gym) located at 2-8 Trinity Beach Road, Trinity Beach, on land described as Lot 10 on SP294324. The proposal seeks to establish a Gym, more specifically an F45 Personal Training Studio, which is to be operated within an existing building located at the intersection of Trinity Beach Road and Vasey Esplanade. The subject site is located within in the Tourist Accommodation Zone under Cairns Plan 2016 v1.3. The site is affected by a number of overlays, including Acid Sulfate Soils overlay, Airport Environs Overlay, Coastal Processes Overlay, Landscape Values Overlay, Transport Network Overlay, although many of the overlays have been addressed with the construction of the existing building as per a previous Development Permit (Planning Reference: 8/8/1411 - #6060983). An Indoor Sport and Recreation use is Impact Assessable within the Tourist Accommodation Zone. The application was publicly advertised and 52 submissions were received. The property has a site area of 2,965m² and contains an existing two-storey building improved with several tenancies, car parking, bin store, bike racks, landscaping and access to Trinity Beach Road. The gym is proposed to occupy three existing vacant tenancies on the first floor of the existing building at 2-8 Trinity Beach Road, (fronting Vasey Esplanade). Construction work for the Gym would involve an internal fit out. There is no increase to the site cover or GFA of the existing building.

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The Gym would have a gross floor area of approximately 334m2 and approximately 252m2 would be used for the exercise area with the balance of the tenancy used for bathrooms, reception, ancillary office, storage and staff rooms. TOWN PLANNING CONSIDERATIONS Background The building has been constructed in accordance with Planning Reference: 8/8/1411 – Decision Notice: #6060983. The proposed Gym would be located on the first floor of the building, across three vacant tenancies. Existing tenancies are present in the building, they include:

Ground Level First Floor Level - Tuk Tuk Thai Food; - Convenience Store; - Giving and Living Gift Co. (clothing and homewares store); and - Car Hire.

- Learning Tree Tutoring; and - Avoca Day Spa.

On 30 April 2019 a Minor Change to the Approval issued (Planning Reference: 8/8/1411 - #6060983). The Minor Change was to effect the removal of architectural screens along the eastern frontage and around the corner of the building, specifically to remove the horizontal elements of the screens on the upper level fronting Vasey Esplanade and the vertical elements on the corner. On 2 March 2016 Council issued a Development Permit for the construction of a new building with uses over the site that fell within the land use definitions of Shopping Facilities, Business Facilities and Restaurants (Planning Reference: 8/8/1411/ - #5033618). On 8 May 2013 Council at its Planning & Environment Committee Meeting approved a Mixed Use Development for Multiple Dwellings / Holiday Accommodation / Restaurants / Shopping Facilities and Business Facilities over land at 2-4 Trinity Beach Road and 79 & 81 Vasey Esplanade (Council ref: 8/8/1248). Proposal The proposed Indoor Sport and Recreation use (Gym), more specifically an F45 Personal Training Studio involves the use of three existing vacant tenancies fronting Vasey Esplanade, located at first floor level of the existing building at 2-8 Trinity Beach Road.

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The Gym would have a gross floor area of approximately 334m2 and approximately 252m2 would be used for the exercise area with the balance of the tenancy used for bathrooms, reception, ancillary office, storage and staff rooms; see Figure 1: Site Plan – Proposed Gym. The Gym fit-out would involve removing the existing internal walls between the three vacant tenancies, internal alterations to provide for the exercise area, the fitting out of the reception, offices, storage, toilets and change rooms. The personal training studio would follow an ‘F45’ model, which specialises in team-based exercise classes delivered in a maximum of 45 minute sessions. Opening hours for the Gym would be limited to between the hours: i. 5:00 am and 7:30pm Monday to Friday; ii. 6:30am and 7:30pm on Saturdays; and iii. 7:30am and 7:30pm on Sundays. Group classes would be limited to between the hours of: i. 5:00 am and 10:30 am and between 4:00 pm and 7:30 pm Monday to Friday; ii. 6:30am and 9:30am on Saturdays; and iii. 7:30am and 10:00am on Sundays; Classes would accommodate a maximum of 25 people per class, with a maximum of 3 staff present. It is also anticipated that “one-to-one” type personal training sessions may take place within the opening hours, outside of group class times. For the avoidance of doubt the use would not involve 24 hour member access.

Figure 1: Site Plan – Proposed Gym (#6283158)

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Statement of Reasons The following information is provided in accordance with section 63 of the Planning Act 2016. REASONS FOR DECISION The reasons for this decision are: 1. Through recommended conditions the proposed development can be designed

and operated to mitigate impacts on sensitive receiving environments (ie. Short-term accommodation and multiple dwellings).

2. The subject site and surrounding properties are a mix of land uses (ie.

Restaurants, bars, cafes) supporting Short-Term Accommodation in the Tourist Accommodation Zone. The Gym would positively contribute to the mix of uses in the Tourist Accommodation zone, supporting Short-Term accommodation, without being of a scale nor of an intensity that would detract from the hierarchy of centres, particularly the Neighbourhood Centre and Local Centre at Trinity Beach.

3. The proposed development has been assessed in accordance with the provisions

of the CairnsPlan 2016v1.3 and is considered to comply with the overall outcomes of the applicable codes.

4. In assessing the proposed development, conditions have been recommended to

ensure compliance with the assessment benchmarks of the CairnsPlan 2016v1.3. 5. The proposed development is generally consistent with the provisions of the Far

North Queensland Regional Plan 2009-2031. ASSESSMENT BENCHMARKS The proposed development was assessed against the following assessment benchmarks of CairnsPlan 2016 v1.3.

Assessment Benchmarks

Zone Tourist accommodation

Local Plans

None applicable

Overlays Acid sulfate soils Airport environs Coastal processes Landscape values Transport network

Development codes Sport and recreation activities Environmental performance Excavation and filling Infrastructure works

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Landscaping Parking and access

Strategic Framework Assessment The development proposal requires assessment against the Strategic Framework. The applicable Strategic Outcomes under the Themes for the planning scheme are as discussed as follows: Strategic Framework Assessment

3.3 Settlement Pattern Theme 3.3.1 Strategic Outcomes Proposal complies. The proposed development would

occur within the area defined as “urban area”. The development would not prevent planned development of adjacent land subject to local plans, master plans, structure plans or any other land use plan. The proposal would not result in direct impacts of nor contribute to the worsening of impacts resulting from natural hazard impacts. The proposal contributes towards the provision and diversity of sport and recreational activities for the Northern Beaches. There is currently a mix of land uses present at Trinity Beach, along Vasey Esplanade and Trinity Beach Road. The proposal is considered to be an appropriate co-location with compatible land uses, including existing restaurants, bars and cafes. Furthermore, noting the presence of the surrounding built form, the proposed Gym would be sited in a location surrounded by higher density residential (short and long term accommodation) and therefore within a walkable distance to existing residential land uses at Trinity Beach. Measures can be put in place to ameliorate environmental (noise) impacts resulting from the land use to sensitive and vulnerable land uses (namely residential), this is achieved through a combination of conditions associated with any approval of a Development Permit and overarching legislation, such as the Environmental Protection Act 1994.

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3.3.2 Element – centres and centre activities

Proposal Complies. The proposed Gym is located approximately: - 175 metres from land in the Neighbourhood Centre zone at 22-24 and 28-30 Trinity Beach Road; and - 965 metres from land in the Local Centre zone at 1- 3, 5-9 and 11-13 Rabaul Street, Trinity Beach. Although the area surrounding the Gym takes on a mixed use nature, considering that the Gym would cater for a maximum of 25 people per class, the Gym is not considered to be of a scale or intensity that would detract from the hierarchy of centres, particularly the Neighbourhood Centre and Local Centre at Trinity Beach.

3.3.3 Element – mixed use areas and specialised centres

Proposal complies. Although, the subject site is within the Tourist Accommodation zone, the proposed Gym positively contributes to the existing mix of uses in the immediate area, and is considered appropriate to cater for the needs of residential communities.

3.3.4 Element – industry areas and activities

Not Applicable.

3.3.5 Element – Residential Areas and Activities

Proposal complies. The Strategic Outcome identifies non-residential uses are provided where they are appropriate, support the local community, do not detract from the residential amenity of the area or compromise the role and successful function of centres within the hierarchy of centres. The proposal seeks to establish a gym across three vacant tenancies located on the first floor of an existing development at 2-8 Vasey Esplanade, Trinity Beach. The Tourist Accommodation zone is recognised as a residential zone, although the Tourist Accommodation zone does accommodate a number of land uses that are not residential in nature, with the intention of supporting uses that would logically be particularly co-located with short-term accommodation, including Food and Drink Outlet, Function Facility, Hotel (definition with many ancillary uses), Shop and Tourist Park. On 2 March 2016 Council approved a Development Permit for the construction of a new building with uses over the site that fell within the land use definitions of Shopping Facilities, Business Facilities and Restaurants (Planning Reference: 8/8/1411/ - #5033618). It is acknowledged that these uses are not typical of a Residential Zone, although in the context of Trinity Beach and surrounding short-term accommodation and entertainment type uses (Restaurant, cafes and Tavern) which are typically uses that generate noise and activity late into the evening, that the establishment of a Gym is also considered to be acceptable. The proposal is considered appropriate given the site context and location of surrounding land uses in the

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general area.

3.3.6 Element – Rural Activities Not Applicable. 3.3.7 Element - Townships and Small Communities

Not Applicable.

3.3.8 Element – Islands Not Applicable. 3.3.9 Element – Built Form, Design and City Image

Proposal complies. The proposal would be located within an existing building, an internal fit-out would occur although no changes are to occur to the exterior of the building.

3.3.10 Element – Places of Significance and Neighbourhood Character

Not Applicable.

3.3.11 Element – Community Health and Wellbeing

Proposal complies. The proposal contributes towards the provision and diversity of sport and recreational activities for the Northern Beaches. The development will be operated to avoid impacts on sensitive land uses.

3.4 Natural Areas and Features Theme

3.4.1 Strategic Outcomes

Not Applicable. The proposal would be located within an existing building at first floor level.

3.5 Economic Theme 3.5.1 Strategic Outcomes Proposal complies. The intent of the Strategic Framework

theme is achieved through providing economic benefits and opportunities are maximised through the promotion of appropriate land uses, minimisation of land use conflicts and protection of significant infrastructure. The proposal contributes towards the provision and diversity of sport and recreational activities for the Northern Beaches and in doing so promotes a diverse and thriving economy

3.5.2 Element – Strong and Diverse Economy

The Strategic Framework supports development that contributes to diversifying the economy in locations where development is complimentary to scale, is highly accessible, avoids areas vulnerable to natural hazards and is supported by necessary infrastructure. It is considered the development supports this component.

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3.5.3 Element – Tourism Proposal complies. The proposal would be complementary to and compatible with other land uses including short-term accommodation present at Trinity Beach.

3.5.4 Element – Agriculture Not Applicable.

3.5.5 Element – Ports, Aviation and Defence

Not Applicable.

3.6 Infrastructure Theme 3.6.1 Strategic Outcomes The proposed development does not compromise the

Strategic Outcomes of the Infrastructure Theme.

3.6.2 Element – Energy Not Applicable.

3.6.3 Element – Transport Proposal Complies. Considering the scale and intensity of the proposed Gym, the use would not detrimentally impact upon the existing transport network. The subject site is located adjoining an existing Bus Station / Bus lay down area at Vallance Park

3.6.4 Element – Water and Waste

The existing building is connected to reticulated water and sewer infrastructure.

3.6.5 Element – Open Space and Recreation

Not Applicable.

Overall Outcomes Assessment The proposed development does not comply with the Performance Outcomes Tourist Accommodation Zone Code Overall Outcomes The purpose of the Tourist Accommodation zone code is to

provide for short-term accommodation supported by community uses and small-scale services and facilities in locations where there are tourist attractions. The local government purpose of the code is to provide for multiple dwellings and the establishment of short-term accommodation that has a tropical design and character. The purpose of the code will be achieved through the following overall outcomes: (a) short-term accommodation is provided at a scale, density and in locations that service tourist needs; (b) a range of accommodation activities is established at a scale and density to service local and tourist needs; (c) development provides a high level of amenity taking into account impacts such as traffic, noise, dust, odour, and lighting; (d) development facilitates opportunities for establishing

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tourist facilities and services within, or adjacent to, tourist accommodation to complement the tourist accommodation and enhance the attractiveness of tourist areas; (e) development provides a high level of amenity, incorporating tropical architectural elements and building design features; (f) development reflects and responds to the natural features and constraints of the land; (g) community facilities, open space and recreational areas and appropriate infrastructure to support the needs of the local community are provided. The development would contribute towards the provision of small-scale services and facilities within the zone. The development would utilise vacant tenancies within an existing building, and as such would not utilise vacant land. Therefore the proposed Gym would not limit the opportunity for future community use and accommodation type (ie. short-term accommodation) uses to establish within the zone. The development would provide sport and recreation activities to service the locality and would complement the needs of permanent residents and tourists residing in the area and the Northern Beaches more broadly. The use would therefore contribute towards the activity and vibrancy of Vasey Esplanade and Trinity Beach more broadly. It is acknowledged that the dominant noise issues associated with the development will result from: 1. Music being played as a motivator during classes; 2. Members dropping weights; and 3. Members utilising the carpark in the early hours of the morning. Regulation of noise will be undertaken in accordance with State legislation, being the Environmental Protection Act 1994. Officers have also established reasonable and relevant conditions to ameliorate noise impacts to adjoining land uses. The acoustic mitigation conditions prepared by Officers are informed by the recommendations of a Noise Impact Assessment prepared by MWA Environmental (Dated: 6 November 2019) submitted by the Applicant. Conditions include: - Installation and maintenance of a 2m high acoustic mitigation fence on the northern property boundary, existing Roydon Apartments. The extent of the fence includes the property boundary to the existing car park area. - Closure of windows and doors for the duration of

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classes to mitigate the noise generated from amplified music; and - Installation of impact isolating flooring to mitigate the noise and vibration impact of weights being dropped. Details must be supplied to Council prior to installation for Council endorsement. Conditions have also been recommended regarding limitation of use, including: - Limiting opening hours; - Limiting group class times; - Establishing 15 minute intervals between classes to manage fluctuations in patron numbers between class times; - Limiting group class sizes to a maximum of 25 people; - Limiting staff numbers to a maximum of three (3)

people. The recommended conditions are considered to be appropriate in establishing a use that is designed and operated to mitigate impacts on sensitive receiving environments. It is therefore considered that the proposal would be well located context of existing land uses in the area; and would not detrimentally impact upon the character and amenity of the area.

Sport and Recreational Facilities Code Overall Outcomes The purpose of the Sport and recreation activities code is to

ensure that Sport and recreation activities are appropriately located, designed and operated. The purpose of the code will be achieved through the following overall outcomes: (a) sport and recreation activities are established in appropriate locations that provide convenient access for users; (b) the scale and design of development complements the desired character of the locality; (c) development minimises adverse impacts on the amenity of nearby sensitive land uses; (d) development provides sufficient on-site parking and manoeuvring for the use; (e) landscaping of the site contributes to maintaining or establishing attractive streetscapes. The location of the proposed Gym is appropriate given that the scale of the operation will be limited to 25 people per class, with a maximum of three staff present at any given time, this would further be secured by a condition of approval.

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Further, the use of the site for a Gym is considered to be appropriate given the mix of uses present and approved at 2-8 Trinity Beach Road (Subject Site) as per the previous Development Permit (8/8/1411 - #6060983), including Shopping Facilities, Business Facilities and Restaurants. Shops and a restaurant are present at Ground Floor Level and a tutoring service and day spa are present on the First Floor Level. For avoidance of doubt the proposal would not result in any alterations to the exterior façade. There would be no alterations to the front elevation overlooking Vasey Esplanade and Trinity Beach Road There would be no increase to the GFA of the existing building. Furthermore, the Gym would be located in a recently approved and constructed building, whereby vehicle access and circulation, carparking, user safety and landscaping have been recently considered. The recommended conditions regarding Acoustic Mitigation and Limitations on Use are considered to be appropriate in minimising adverse impacts on the amenity of nearby sensitive land uses, including Roydon Apartments, located at 83-87 Vasey Esplanade, adjoining the subject site to the north. It is therefore considered that the proposal can comply with the overall outcomes of the Sport and Recreation Activities code.

Environmental Performance Code Overall Outcomes The purpose of the Environmental performance code is to

ensure development is designed and operated to avoid or mitigate impacts on sensitive receiving environments. (2) The purpose of the code will be achieved through the following overall outcomes: (a) development that has potential to cause an adverse impact on amenity of adjacent and surrounding land, or environmental harm is avoided through location, design and operation of the development; (b) sensitive land uses are protected from amenity related impacts of lighting, odour, airborne particles and noise, through design and operation of the development; (c) development ensure stormwater is discharged lawfully; (d) development is located, designed, constructed and managed to avoid or minimise impacts arising from altered stormwater quality or flow; (e) development contributes to the removal and ongoing management of weed species; (f) development is located and designed to ensure that users

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and nearby sensitive land uses are not exposed to unacceptable levels of contaminants. (g) development is designed and operated to ensure activities involving the use, storage and disposal of potentially hazardous materials and chemicals, dangerous goods, and flammable or combustible substances are located and managed to avoid or mitigate potential adverse impacts on surrounding uses, and minimise the health and safety risks to communities and individuals. The location of the proposed Gym is considered to be acceptable given the mixed use nature of the area, with uses including residential accommodation, bars, cafés and restaurants. Much in the same way that bars and restaurants are a suitable use at this location, despite associated noise impacts, the same is considered for the proposed Gym, given the scale and intensity of the use and the ability to mitigate the severity of noise impacts by condition. It is noted that residential land uses are present in the area, with apartments (Roydon Apartments) located to the north of the subject site. The Roydon apartments are sited on the lot in a staggered “zig zag” nature, with the nearest distance from the Roydon apartments to the proposed Gym being approximately 11.5m. It is acknowledged that CairnsPlan 2016v1.3 recognises Short-Term Accommodation and Multiple Dwellings as sensitive land uses, although Officers consider that environmental harm can be mitigated through design and operation of the development. Officers have established reasonable and relevant conditions to ameliorate noise impacts to adjoining land uses. The acoustic mitigation conditions prepared by Officers are informed by the recommendations of a Noise Impact Assessment prepared by MWA Environmental (Dated: 6 November 2019) submitted by the Applicant. Conditions include: - Installation and maintenance of a 2m high acoustic mitigation fence on the northern property boundary, existing Roydon Apartments. The extent of the fence includes the property boundary to the existing car park area; - Closure of windows and doors for the duration of

classes to mitigate the noise generated from amplified music; and

- Installation of impact isolating flooring to mitigate the noise and vibration impact of weights being dropped. Details must be supplied to Council prior to installation for Council endorsement. Conditions have also been recommended regarding

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limitation of use, including: - Limiting opening hours; - Limiting group class times; - Establishing 15 minute intervals between classes to manage fluctuations in patron numbers between class times; - Limiting group class sizes to a maximum of 25 people; and - Limiting staff numbers to a maximum of three (3) people. The recommended conditions are considered to be appropriate in establishing a use that is designed and operated to mitigate impacts on sensitive receiving environments. Additionally, noise associated with the approved use including amplified music, and including noise from air service equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 2008 and Environmental Protection Regulation 1998. Words to this effect have been included as an advice note, this wording has not been included as a condition as it is State Legislation, which has precedence over the Planning Scheme and conditions of a Development Permit. It is therefore considered that the proposal could be designed and operate in a manner that would mitigate noise impacts on sensitive receiving environments (residential land uses).

Parking and Access Code Overall Outcomes The purpose of the code is to ensure that parking and access

infrastructure and facilities are provided to service the demand of the development. The purpose of the code will be achieved through the following overall outcomes: (a) on-site vehicle and bicycle parking facilities are provided to accommodate the demand generated by the development. (b) parking and access facilities are designed and constructed: (i) in accordance with relevant standards; (ii) to be convenient and accessible; (iii) so that they do not adversely impact on the safety and efficiency of the surrounding road network; (iv) so that they do not disrupt the on-street parking arrangements in the surrounding area

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The Code states that the parking demand for Indoor Sport and Recreation (Gym) is 1 space per 15m² of Gross Floor Area (GFA). If the parking demand is calculated on the basis of the GFA, which is approximately 334m², this triggers a demand for 23 parking spaces to be provided. Consideration is given to the fact that the area functions similar to that of a centre in the sense of co-located land uses. Therefore, applying a car parking rate of 1 parking space per 25m2 would be acceptable, resulting in a car parking rate of 14 car parking spaces. Although, as part of the existing development that will house the Gym, there are a total of thirty-six (36) on-site car parking spaces, as secured by condition 8 of the Development Permit (Planning Reference: 8/8/1411 - #6060983). While this is a considerable shortfall when compared to the parking rate of the planning scheme, consideration is given to the fact that: - The majority of the group training classes will operate outside of standard business hours; - The land use would establish in an area that functions similar to that of a centre in that there are many uses closely located to each other that would be utilised in conjunction with one-another (including cafes, bars, restaurants and Short-Term Accommodation); and - Consideration is also given to the opportunity for on- street vehicle parking along Vasey Esplanade in this location. High carpark demand along Vasey Esplanade is particularly noted on weekends during the middle of the day to evening. It is considered that the proposed weekend morning group classes would not coincide with peak use of on-street parking at Vasey Esplanade of a weekend. Additionally, the site contains four (4) bicycle parking spaces which is considered to be appropriate for the demand generated by patrons of the Gym. It is therefore considered that parking demand generated by the proposed Gym would not adversely impact upon the safety and efficiency of the surrounding road network nor would it detrimentally disrupt the on-street parking arrangements in the surrounding area.

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OTHER RELEVANT MATTERS FOR IMPACT ASSESSMENT The following matters were given regard to or assessment carried out against, in undertaking the assessment of this development application under Section 45 of the Planning Act 2016 and Section 31 of the Planning Regulations 2017: Assessment Benchmark/Other Relevant Matters

Assessment

Far North Queensland Regional Plan (FNQRP) 2009-2031

The development proposal is for an urban activity in the urban footprint and there are no requirements in the FNQ Regional Plan applicable to the development proposal.

State Planning Policy (SPP) Part E of the SPP contains the State Interest Policies and Assessment Benchmarks which are applicable to the development. The subject site is subject to several state interests including: Coastal Environment - Coastal Management District; Natural Hazards, Risk and Resilience (Flood Hazard

Area – Level 1 – Queensland Floodplain Assessment Overlay – Erosion Prone Area);

Strategic Airports and Aviation Facilities – Obstacle Limitation Surface Area, Wildlife Hazard Buffer Zone - 13km, & Aviation Facility.

The CairnsPlan 2016v1.3 advances the SPP except for erosion prone areas and therefore all the State interests have been appropriately reflected in the Scheme.

A temporary Local Planning Instrument applying to the premises in effect when the development application was properly made

There are no temporary local planning instruments relevant to the application.

MATTERS RAISED IN SUBMISSIONS In accordance with Impact Assessable procedures outlined in Part 4 of the Development Assessment Rules (DA Rules) the proposal was publicly notified for a minimum of 15 business days, with the following actions being carried out: Publish a notice at least once in the newspaper circulating generally in the locality; Place a notice on the land in the way prescribed under the regulation; and Give a notice to the owners of all lots adjoining the premises.

A Notice of Compliance was received on 2 December 2019. A summary of the submissions received is provided in the table below: No. of submissions received: 52 Properly Made 0 Not Properly Made Nature of submission 0 Support 52 Object

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Submitter Issue Council Officer Response Contrary to the Purpose of the Tourist accommodation zone.

See response to Overall Outcomes Assessment for the Tourist Accommodations zone.

Contrary to the Purpose of the Sport and Recreation activities code. The use is inappropriately located and will have adverse impacts on the amenity of sensitive land uses.

See response to Overall Outcomes Assessment for the Sport and Recreation activities code. Officers acknowledge the potential noise impacts to sensitive uses and recommend Acoustic Mitigation and Noise Limitation conditions.

Contrary to the Environmental Performance code as it does not ensure that sensitive land uses are protected from amenity related impacts of the proposed development, mainly noise.

See response to Overall Outcomes Assessment for the Environmental Performance code. Officers acknowledge the potential noise impacts to sensitive uses and recommend Acoustic Mitigation and Noise Limitation conditions accordingly.

Contrary to the Parking and Access code as the Applicant has not demonstrated how on site vehicle and bicycle facilities are adequate to accommodate the demand generated by the development.

See response to Overall Outcomes Assessment for the Parking and Access Code.

Submitter considers that the recommended mitigation actions are, ineffectual, unrealistic, unworkable and unenforceable.

Officers consider that the recommend Acoustic Mitigation and Noise Limitation conditions accordingly are reasonable and relevant and readily enforceable. Furthermore, noise associated with the approved use including amplified music, and including noise from air service equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 2008 and Environmental Protection Regulation 1998. Words to this effect have been included as an advice note, this wording has not been included as a condition as it is State Legislation, which has precedence over the Planning Scheme and conditions of a Development Permit.

A submitter noted that minutes from a Community Association meeting indicate that carparking on Vasey esplanade in front of 2-8 Trinity Beach Road is to be converted into Open Space.

Officers have general awareness of the desire to convert car parking spaces fronting the foreshore in front of 2-8 Trinity Beach Road into open space / grassed area, although this project is in preliminary stages and as such Council has not passed a motion to effect this change.

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INFRASTRUCTURE CHARGES The existing Use (Office) is rateable at a higher charge than the proposed use (Indoor Sport and Recreation), therefore the proposed development does not trigger Infrastructure Charges. Refer to Appendix 3 ATTACHMENTS Appendix 1 - Approved plan(s) and document(s) Appendix 2 - Notice of Intention to Commence Use Appendix 3 - Infrastructure charges notice

Nastassja Lazarus Planning Officer Action Officer

Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning & Environment

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APPENDIX 1: Approved plan(s) & document(s)

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APPENDIX 2: Notice of Intention to Commence Use Notice of Intention to Commence Use DEVELOPMENT PERMIT Planning Act 2016

Development Permit 8/8/1542 Date of Approval 4 December 2019 Approved Use Indoor Sport and Recreation Location 2-8 Trinity Beach Road TRINITY BEACH

Property Description Lot 10 on SP294324 I/we are hereby notifying Cairns Regional Council of my/our intention to commence the approved use outlined above on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicable conditions have been complied with. Applicant: Address: Contact Phone: Signature of Applicant/Owner: Date:

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APPENDIX 3: Infrastructure charges notice

76 ordinary meeting 6 - city of cairns · specifically an f45 personal training studio, which is to...

Documents