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Planning Report

Material Change of Use (Indoor Sport and Recreation - Gym)

Lot 2 on SP103141

1 Fairneyview Fernvale Road, Fernvale Qld 4306

Prepared for: DJ and TM Brown Family TrustReference: 3959 (v1.0)

25 March 2019


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Document Control

Project ref: 3959 (v1.0)

Project Manager: Mark Toombs

Report title: Planning ReportDevelopment Application - Material Change of Use (Gym)

Site: 1 Fairneyview Fernvale Road, Fernvale Qld 4306Lot 2 SP103141

Author: Mark Toombs

Client: DJ and TM Brown Family Trust (Mr Duncan Brown)

Date of Issue: 25 March 2019

Distributed to:Client 1 x Hard copySomerset Regional Council 1 x Electronic copySARA 1 x Electronic copy

T J Kelly Surveys Pty Ltd

Mark ToombsPrincipal Planner

This Report has been prepared for the exclusive use of our Client, being the person or entity providing the instruction forthe preparation of this document. This Report and accompanying material can only be used for this agreed purpose andcannot be used by any other person or for any other purpose without the written consent of TJ Kelly Surveys Pty Ltd.

This document and all its content is copyright. Apart from fair dealing for the purposes of study, research, criticism and/orreview as permitted under the Copyright Act 1968, no part of the content may be reproduced, reused or redistributedwithout the prior written permission of TJ Kelly Surveys Pty Ltd.


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Table of Contents

Planning Report ___________________________________________________________

Development Particulars_________________________________________________ 4

1 Introduction _________________________________________________________ 5

2 Site Details___________________________________________________________ 62.1 Location & Description ____________________________________________________ 6

2.2 Site Characteristics & Improvements ________________________________________ 7

2.3 Site Photographs _________________________________________________________ 7

2.4 Surrounding Land Uses ___________________________________________________ 10

3 Proposal ____________________________________________________________ 11

4 State Planning Framework __________________________________________ 124.1 Planning Act 2016 _______________________________________________________ 12

4.2 Referral Agencies ________________________________________________________ 12

4.3 State Planning Policy 2017 ________________________________________________ 12

4.4 South East Queensland Regional Plan 2017 (Shaping SEQ) _____________________ 13

5 Somerset Region Planning Scheme 2016 ____________________________ 145.1 Strategic Framework _____________________________________________________ 14

5.2 Zoning _________________________________________________________________ 14

5.3 Land Use Definitions _____________________________________________________ 145.3.1 Level of Assessment ________________________________________________________145.3.2 Public Notification _________________________________________________________15

5.4 Assessment Benchmarks (Planning Scheme Codes) ____________________________ 155.4.1 Centre Zone Code__________________________________________________________155.4.2 Recreation Activities Code __________________________________________________165.4.3 High Impact Activities Management Areas Overlay Code _________________________165.4.4 Infrastructure Overlay Code _________________________________________________165.4.5 Landscape Code ___________________________________________________________175.4.6 Services, Works and Infrastructure Code ______________________________________175.4.7 Transport, Access and Parking Code __________________________________________175.4.8 Advertising Devices Code ___________________________________________________18

6 Planning Considerations _____________________________________________ 196.1 Amenity and Aesthetics ___________________________________________________ 19

6.2 Traffic _________________________________________________________________ 19

6.3 Services and Infrastructure _______________________________________________ 19

7 State Development Assessment Provisions __________________________ 20

8 Conclusion __________________________________________________________ 21


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Appendix 1: Assessment Benchmarks (Planning Scheme Codes)Appendix 2: Locality MapAppendix 3: Proposal PlansAppendix 4: State Development Assessment ProvisionsAppendix 5: Development Application Form


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Development ParticularsTABLE 1 – OVERVIEW

SITE AND PROPOSAL DETAILS

Address of Site 1 Fairneyview Fernvale Road,Fernvale Qld 4306

Real Property Description Lot 2 on SP103141

Total Area of Site 1391m²

Local Government Somerset Regional Council

Planning Scheme Somerset Region Planning Scheme 2016 (v3.0)

Zone Centre

Precinct N/A

SEQ Regional Plan Urban Footprint

Land Owner/s Capacity Builders Pty Ltd A.C.N. 117 394 162

Development Components Indoor Sports and Recreation - Gymnasium

TABLE 2 – ASPECTS OF DEVELOPMENT

TYPE OF DEVELOPMENT APPROVAL LEVEL OF ASSESSMENTMaterial Change of Use(Planning Scheme) Development Permit Impact

TABLE 3 – APPLICANT DETAILS

APPLICANT CONTACT DETAILS OUR REF NUMBERDJ and TM Brown Family TrustMr Duncan Brown

c/o TJ Kelly SurveysPO Box 221, Beaudesert Qld 4285Ph: (07) 5541 4722Fax: (07) 5541 4723Email: [email protected]

3959 (v1.0)


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1 IntroductionTJ Kelly Surveys Pty Ltd has been commissioned by DJ and TM Brown Family Trust to preparethis report in support of the application for a Material Change of Use of the subject premisesfor the purpose of an Indoor Sports and Recreation use, namely a gymnasium. The proposeduse will be conducted from within an established building on the subject land. No new buildingwork is proposed.

This report addresses the merits of the proposed development with regard to the provisions ofthe Somerset Region Planning Scheme 2016, the South East Queensland Regional Plan 2017(Shaping SEQ) and the Planning Act 2016. For the purpose of this report, the Somerset RegionPlanning Scheme 2016 will be referred to as the Planning Scheme, the Planning Act 2016 willbe referred to as the Act and the South East Queensland Regional Plan 2017 will be referred toas the Regional Plan.

The proposed development is an appropriate use for the subject site. It accords with the intentof the Centre Zone and is considered a logical and orderly form of infill development. Thechange in use of the existing building from that of a specialty retail showroom to a gym is notexpected to have any undue impact on the locality given its commercial context. All potentialimpacts can be mitigated and managed to ensure the character and amenity of the locality ismaintained. Furthermore, the change in use will not place any additional burden on existinginfrastructure. The development warrants Council’s favourable consideration.


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2 Site Details2.1 Location & Description

The subject site is situated at 1 Fairneyview Fernavle Road, Fernvale. It is conveniently locatedadjacent to the Brisbane Valley Highway on the southern approach to the township.

The subject land is comprised of a single allotment, but is comprised of two parts. The realproperty description of the land is Lot 2 on SP103141. The land is part of a CommunityManagement Scheme containing five freehold lots and Common Property. Common Propertyseparates the two parts of the subject lot. Refer to Survey Plan SP103141 included in Appendix3.

The two parts of land have a total area of 1391m². A stormwater easement (Easement ARP841169) bisects the land as seen on the survey plan.

Figure 1: Zone Map (Somerset Region Planning Scheme 2016)

The land is included in the Centre Zone as illustrated in the zoning map extract above.

Refer to Appendix 2 – Locality Map for cadastral information.


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2.2 Site Characteristics & Improvements

The part of the site subject to this application is generally triangular in its configuration and islargely surrounded by road. The Brisbane Valley Highway abuts the north-eastern boundarywhile Fairneyview Fernvale Road abuts the south-western boundary. The frontages to theseroads are 75.56 metres and 72.282 metres respectively.

The site is situated within the commercial centre of one of the main towns for the Region. Ithas been developed for urban purposes. Current uses include an electrical retailoutlet/showroom and storage sheds.

Access to the site is via a concrete crossover off Fairneyview Fernvale Road. The road hasbeen constructed to a kerb and channel standard and provides off-street parking immediatelyadjacent to the building.

2.3 Site PhotographsThe photographs below provide a visual overview of the characteristics and key features of thesite.

Photo 1: View of the subject premises. The electrical retail showroom buildingseen above is to be converted to a gym.


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Photo 2 – View of the subject building. Street parking is available adjacent to thebuilding which abuts the front boundary.

Photo 3: View of the premises, facing south along Fairneyview Fernvale Road.


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Photo 4: View of the rear of the site facing south along Brisbane Valley Highway.

Photo 5: A stormwater easement seen above bisects the site. In the background isthe Fernvale Shopping Centre.


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2.4 Surrounding Land Uses

As expected of a town centre, the locality contains a wide range of land uses. The dominantuse in the immediate locality is the town’s major shopping centre located directly opposite thesubject site. Other uses nearby include retail, commercial offices, light industry, and communityuses with surrounding residential development.

The urban township pattern of development and character of the immediate locality isillustrated by the aerial image provided below.


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3 ProposalIn accordance with the requirements of the Planning Scheme, a Development Permit issought for the following:

ƒ Material Change of Use – Indoor Sport & Recreation (Gymnasium).

This application relates only to the northern part of Lot 2 containing Building C shown on SurveyPlan SP103141. The southern part of Lot 2 will be used independently for purposes inaccordance with the Centre Zone.

The proposed gymnasium, which is defined as a Sports and Recreation Use, will operate withinan established building approved for commercial uses. The only building work involved withthe redevelopment of the site will be internal refurbishments.

The floor area of the gym is approximately 288m².

The gym is expected to operate between the hours of 5:30am and 8:30pm weekdays. OnSaturdays the hours are expected to be from 7:00am to Midday. It is expected that the businesswill employ two (2) full time equivalent staff members. Part time staff may also be requiredonce the gym has established a strong client base.

The western end of the premises is currently improved by two industrial storage sheds. Thesebuildings will be removed to accommodate the parking area. A new crossover will beconstructed off Fairneyview Fernvale Road to replace the existing access. The parking areawill be constructed to a gravel standard and will provide for nine (9) vehicles. The design hasallowed for the safe and efficient circulation of vehicles. Vehicles are able to enter and leavethe site in forward gear.

Opportunities for landscaping are limited as the building has been constructed along the streetboundary. Some minor works will be undertaken around the parking area which will enhancethe aesthetics of the premises.

There are no plans for any free standing advertising devices associated with the gym. Somesignage will likely be attached to the building in accordance with Council’s requirements.

The building is connected to all necessary infrastructure including reticulated water andsewerage systems. Only minor plumbing and drainage works are expected as part of theinternal renovations. Electricity and telecommunications services are already established.


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4 State Planning Framework4.1 Planning Act 2016

The purpose of the Planning Act 2016 is to establish an efficient, effective, transparent,integrated, coordinated and accountable system of land use planning and developmentassessment to facilitate the achievement of ecological sustainability.

The Planning Scheme identifies the proposal as being subject to Impact Assessment.Accordingly, the development application is to be assessed in accordance Section 30 of thePlanning Regulation 2017.

4.2 Referral Agencies

The Planning Regulation 2017 identifies the triggers and thresholds for when developmentapplications require assessment by the State. The referral triggers applicable to a MaterialChange of Use development application have been examined. It is concluded that the proposeddevelopment triggers referral to the following State Department for a concurrence approval:

ƒ Department of State Development, Manufacturing, Infrastructure & Planning (SARA).

The referral to SARA is triggered by the site’s adjacency to a State-controlled road, namely theBrisbane Valley Highway.

4.3 State Planning Policy 2017

The SPP is a key component of the land use system, which enables development, protects ournatural environment and allows communities to grow. It identifies the state’s interests inplanning and development and how they must be dealt with in the development assessmentprocess.

The SPP provides a comprehensive set of principles to guide local and state government in landuse planning and development assessment. The State Interests are arranged under five broadthemes as follows:

Liveable Communities & Housingƒ Liveable Communitiesƒ Housing Supply & Diversity

Economic Growthƒ Agricultureƒ Development and Constructionƒ Mining and Extractive Resourcesƒ Tourism


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Environment & Heritageƒ Biodiversityƒ Coastal Environmentƒ Cultural Heritageƒ Water Quality

Safety & Resilience to Hazardsƒ Emissions and Hazardous Activitiesƒ Natural Hazards

Infrastructureƒ Energy and Water Supplyƒ State Transport Infrastructureƒ Strategic Airports and Aviation Facilitiesƒ Strategic Ports

The State Interests identified for this site are those pertaining to the management of the Statetransport infrastructure. The proposed change in use is of a minor nature and will notcompromise the safety and efficiency of the State-controlled road network.

The proposed development accords with the principles of the State Planning Policy.

4.4 South East Queensland Regional Plan 2017 (Shaping SEQ)

The subject site is located within the Urban Footprint for the purposes of the South EastQueensland Regional Plan 2009-2031.

The urban footprint identifies land to provide for the region’s urban development needs to2031. Given the context of the site, the proposal is consistent with the principles and policiesof the Regional Plan. The Regulatory Provisions of the Plan are not applicable to theassessment of this development application.

The proposed development is consistent with the South East Queensland Regional Plan 2017.


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5 Somerset Region Planning Scheme 2016

5.1 Strategic Framework

The Strategic Framework sets policy direction and forms the basis for ensuring appropriatedevelopment occurs within the region for the life of the scheme. The strategic framework isstructured in a way that sets the strategic intent for the region, supported by seven centralthemes which collectively represent the policy intent of the scheme.

Fernvale is one of the five towns which form the major settlements in the Region. The subjectsite is included in the Urban Area which supports the surrounding residential and rural localities.The strategic outcomes relevant to the proposed development relate to the Settlement Patternand Economic Development themes. The proposed change in use maintains the commercialuse of the site. Converting a retail outlet to a gym does not compromise the intent of the urbanarea. The proposed development accords with the strategic outcomes and land use strategiesof the Scheme.

5.2 Zoning

The subject land is included in the Centre Zone. The purpose of the Centre zone is to providefor a variety of uses and activities to service all or part of the local government area, including,for example, administrative, business, community, cultural, entertainment, professional,residential or retail uses or activities.

The proposed change in use accords with the planning intent of the Centre Zone.

5.3 Land Use Definitions

The proposed gym is captured by the Scheme’s definition of Indoor Sports and Recreation.This reads as follows:

Indoor sport and recreation means the use of premises for a leisure, sport or recreation activityconducted wholly or mainly indoors.Examples of indoor sport and recreation- Amusement parlour, bowling alley, enclosed tennis courts,gymnasium, squash courts. It does not include Cinema, hotel, nightclub entertainment facility, theatre.

5.3.1 Level of Assessment

Pursuant to Table 5.5.1 Categories of development and assessment - Material Change of Use,contained in section 5.5 of the Planning Scheme, Indoor Sports and Recreation is identified asbeing Impact Assessable Development within the Centre Zone.


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5.3.2 Public Notification

The proposal as stated in section 5.3.1 above constitutes impact assessable development. Itis therefore subject to the statutory public notification process of the Planning Act 2016.

The development application will be placed on public display for a period not less than fifteen(15) business days.

5.4 Assessment Benchmarks (Planning Scheme Codes)In addition to the assessment of the potential impacts of the development, the proposal is tobe assessed against the Planning Scheme as a whole. The strategic framework was consideredin Section 5.1. The other Assessment Benchmarks to be assessed are the Scheme’s Codes.Those applicable to this application are identified hereunder:

Zone CodeCentre Zone Code

Use CodeRecreation Activities Code

Overlay CodesHigh Impact Activities Management Area Overlay CodeInfrastructure Overlay Code

Works CodesServices, Works & Infrastructure CodeTransport, Access and ParkingAdvertising Devices CodeLandscape Code

5.4.1 Centre Zone Code

In accordance with section 6.2.1.2 of the Scheme, the purpose of the Centre zone is to “providefor a variety of uses and activities to service all or part of the local government area, including,for example, administrative, business, community, cultural, entertainment, professional,residential or retail uses or activities.”

One of the key purposes of the Code is to reinforce the Fernvale town centre as the focus forthe location of centre activities and appropriate business activities in the Region. Also identifiedas a local government purpose is to facilitate the location of “entertainment and recreationactivities that are complementary to the predominant business and service function of the towncentres.”

The proposed gym accords with the planning intent for this zone and complies with the CentreZone Code. An assessment of the proposal against the provisions of the Code is provided inAppendix 1.


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5.4.2 Recreation Activities Code

The purpose of the recreation activity code is to ensure that development for recreationactivities is compatible with surrounding development and appropriately manages impacts. Thiswill be achieved by, amongst other things, ensuring:-

(a) sport and recreation facilities are established in appropriate locations that bestserve the community through accessibility, co-location and integration with otherlike facilities;

(b) recreation and sporting uses do not unduly impact on the amenity of thesurrounding area;

(c) a safe environment for users is provided; and(d) development is appropriately managed and does not adversely impact on water

quality

The proposed gym is appropriately located and will not injuriously affect the character andamenity of the locality. It complies with the Recreation Activities Code. An assessment againstthe provisions of the Code is included in Appendix 1.

5.4.3 High Impact Activities Management Areas Overlay Code

The subject site is within a High Impact Activities Management Area. The Code however is notapplicable to the assessment of the application as it seeks to protect the amenity andenvironmental values of the locality from the impacts of rural-based high impact activities.

5.4.4 Infrastructure Overlay Code

The purpose of the infrastructure overlay code is “to ensure that development is compatiblewith, and does not adversely affect the viability, integrity, operation and maintenance ofexisting and planned infrastructure within the Somerset Region as identified on theInfrastructure overlay maps OM009a-g, including amongst other things, highways and mainroads”.

The Code seeks to ensure, amongst other things, that:-

(a) existing and planned infrastructure facilities, networks and corridors are protectedfrom incompatible development; and

(b) development in proximity to existing and planned infrastructure facilities, networksand corridors is appropriately located, designed, constructed and operated to:(i) avoid compromising the integrity, operational efficiency and maintenance of

infrastructure; and(ii) protect the amenity, health and safety of people and property.

As stated throughout the report, the gym will utilize an established building and requires nodirect access to the State-controlled road. The development will not compromise the safetyand efficiency of the road network. Conversely, the gym will not be affected by reverse amenityimpacts.


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The proposed development complies with the Infrastructure Overlay Code. An assessmentagainst the provisions of the Code is included in Appendix 1.

5.4.5 Landscape Code

In accordance with section 8.3.3.2 of the Scheme, the purpose of the landscaping code is to“provide for landscaping that is functional, attractive, and complements the built form andnatural environment of the locality”.

The developed nature of the site means there is little opportunity for landscaping. Some minorworks will be undertaken around the car park to enhance the aesthetics of the premises.

The proposed development will comply with the Landscape Code. An assessment of theproposal against the provisions of this Code is provided in Appendix 1.

5.4.6 Services, Works and Infrastructure Code

The purpose of the services, works and infrastructure code is to ensure that development isprovided with the type and level of services and infrastructure that meet accepted standardsand prevent unacceptable off-site impacts.

The civil works and construction related provisions of the Code are not applicable for theassessment of this proposal as now new buildings are proposed. The existing buildings will beutilised along with the established infrastructure.

The proposed development will be maintained to ensure ongoing compliance with Council’srequirements. All necessary infrastructure has been established to service the development.The proposal complies with the Services, Works and Infrastructure Code. An assessment ofthe proposal against the provisions of this Code is provided in Appendix 1.

5.4.7 Transport, Access and Parking Code

The purpose of the transport, access and parking code is to ensure the safety and efficiency ofthe transport network is maintained and the appropriate transport and end of trip facilities areprovided by development.

The provisions of the Code relevant to this development are those pertaining to car parkingstandards and requirements. Roadworks are not required as a result of the change in use.

The gym will have adequate parking spaces to meet the expected demand. The Code (Table9.4.6.3B) requires parking at a rate of 1 space per 20m². It is submitted that considerationshould be given to the fact that this is a re-development of a site already established forcommercial uses.

The existing showroom would ordinarily require 8 spaces at the rate of 1/40m². This shouldtherefore be applied as a ‘credit’. The spaces required for this development should be the


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difference between the established showroom and the gym, which equates to seven (7) spaces.The proposed redevelopment will achieve nine (9).

In addition to this, Council will note that whilst the site can only accommodate a limited numberof spaces, ample street parking is established at the front of the premises. It is submitted thatthe parking demand for the gym will be met without causing any undue impact on the locality.

The proposal complies with the Transport, Access and Parking Code. An assessment of theproposal against the provisions of this Code is provided in Appendix 1.

5.4.8 Advertising Devices Code

There are no plans at this stage to erect any free-standing signage in association with thedevelopment. Notwithstanding this, should this change in the future any signage erected onthe property shall accord with all relevant laws.

The proposal will comply with the Advertising Devices Code and can be conditioned accordingly.


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6 Planning Considerations

6.1 Amenity and Aesthetics

The proposed development is of a small scale, low-intensity nature and is compatible with therange of commercial uses established in the Fernvale town centre. It is a non-intrusive use ofan existing building and associated infrastructure.

The redevelopment of the site is expected to make a positive contribution to the aesthetics ofthe locality. The two storage sheds on the northern side of the easement will be removed. Anew parking area will be provided along with some minor landscaping works. The buildingexterior of the gym will be retained.

In regards to acoustic amenity, the change in use from an electrical retail outlet to a gym isnot expected to have any undue impact on the locality by way of noise emissions given thesite’s commercial context and proximity to a major transport route.

6.2 Traffic

The change in use from a retail outlet to a gymnasium is not expected to cause any undueimpact on the road network. The proposal is of a minor nature and is appropriately locatedalong the higher order roads servicing the town.

The traffic movements associated with the gym will be dispersed over a period of time greaterthan that associated with a retail outlet. The gym will have peak times before and afterstandard business trading hours. This will ensure the potential traffic and parking impacts areminimal.

6.3 Services and Infrastructure

The proposed development will not place any undue burden on existing infrastructure. Thebuilding is appropriately serviced with reticulated water and sewerage. The site is also withinthe stormwater infrastructure service area. No alterations to the existing networks are requiredto service the change in use.


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7 State Development Assessment ProvisionsThe State Development Assessment Provisions set out the matters of interest to the State fordevelopment assessment purposes. The State interest in this development application isfocused on the management of potential impacts on the State-controlled road, namely theBrisbane Valley Highway.

The State Codes relevant to the assessment of the development are identified below.

ƒ State Code 1: Development in a State-controlled Road Environment; andƒ State Code 6: Protection of State Transport Networks.

The proposed change in use is expected to have a negligible impact on the road network. Directaccess from the highway is not proposed. The existing crossover will be widened but thelocation of the access remains unchanged.

In regard to stormwater, there is no adverse impact as no new buildings are proposed and thenet impervious area will be reduced with the removal of two storage sheds.

Compliance with both Codes is expected to be achieved. Refer to Appendix 4.


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8 Conclusion

The preceding assessment has demonstrated the merits of the proposal in respect to therelevant requirements of the Somerset Region Planning Scheme 2016, the Planning Act 2016,and the South East Queensland Regional Plan 2017.

The purpose of application is to seek approval for a Material Change of Use of the premises forthe purpose of establishing a gymnasium within an existing commercial building.

The proposed use accords with the intent of the Centre Zone for Fernvale. A gym is a lowintensity use compatible with the full range of commercial uses operating in this locality. Theredevelopment of the site will contribute positively to the character and amenity of the town.

In addition to an assessment of the potential impacts, the proposal has been assessed againstall relevant Codes of the Planning Scheme. In summary, the following points are noted:

ƒ The proposal complies with the Centre Zone Code;ƒ The proposed development complies with the relevant Use Code, namely the Recreation

Activities Code; andƒ The proposed development complies with the Infrastructure Overlay Code; the Services,

Works and Infrastructure Code; the Landscaping Code; and the Transport, Access andParking Code.

The proposed redevelopment of the premises is a sustainable form of infill development whichwill strengthen the role and functionality of the Fernvale town centre. Having regard to thefacts and circumstances outlined in this report, Council is urged to provide its support to thisproposal and issue the necessary approval in accordance with the Planning Act 2016.

TJ Kelly Surveys Pty LtdRef 3959, Version 1.025 March 2019

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