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2021-07-06 Planning & Environment Committee Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 6 July 2021
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Full text of sections 2 to 73 (of 105)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 PRESENTATIONS 3
4 DEPUTATIONS 3
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU19/0119.02 OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A
MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX
AND SHORT-TERM ACCOMMODATION AND OPERATIONAL WORKS
(DRAINAGE WORK, STORMWATER, EARTHWORKS, LANDSCAPING,
CARPARKING & ACCESS) 2 NOLA STREET, NOOSAVILLE 4
2 RAP21/0016 – APPLICATION FOR A REFERRAL AGENCY RESPONSE FOR A
DWELLING HOUSE (FILLING BEYOND 3M OF THE FOOTPRINT OF BUILDING)
AT 11 CHURCH ST, POMONA 22
3 MCU20/0149 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR
SHORT-TERM ACCOMMODATION AT 29 FERGUSON ST, SUNSHINE BEACH 35
4 MCU15/0069.01 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A
MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX
AND SHORT-TERM ACCOMMODATION AT 1/39 DUKE STREET, SUNSHINE
BEACH 60
5 MCU19/0114 PLANNING & ENVIRONMENT COURT APPEAL NO 970 OF 2021
- APPLICATION FOR A SENIORS LIVING COMMUNITY, NEW COOROY GOLF
CLUBHOUSE & FACILITIES, BOUNDARY REALIGNMENT & ACCESS
EASEMENT AT 30, 114, 122 & 144 MYALL ST, COOROY 79
6 ENVIRONMENT PROJECT & ALLIANCE GRANTS 84
6 REPORTS FOR NOTING BY THE COMMITTEE 91
7 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MAY
2021 91
7 CLOSED SESSION 105
Page 2 of 105
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 8 June 2021 be
received and confirmed.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 3 of 105
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU19/0119.02 OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL
CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND SHORT-TERM
ACCOMMODATION AND OPERATIONAL WORKS (DRAINAGE WORK, STORMWATER,
EARTHWORKS, LANDSCAPING, CARPARKING & ACCESS) 2 NOLA STREET,
NOOSAVILLE
Author Development Planner, Tara Norley
Environment and Sustainable Development Department
Index ECM / Applications / MCU19/0119.02
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Hunter Hopkins Project 5 Pty Ltd
Proposal Other Change to a Development Approval for a Material Change of
Use for Multiple Housing - Type 2 Duplex and Short-term
accommodation and Operational Works (Drainage work, Stormwater,
Earthworks, Landscaping, Carparking & Access)
Properly Made Date 8 February 2021
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 18 June 2021
Number of Submissions One
PROPERTY DETAILS
Property Address 2 Nola Street, Noosaville
RP Description Lot 1 on RP142848
Land Area 687.67m²
Existing Use of Land Dual occupancy (under construction)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Plan Area Noosaville
Overlays Acid Sulfate Soils (5m AHD or below)
Flood Hazard
Assessment Type Other Change (Impact)
Page 4 of 105
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 July 2021 regarding Application No. MCU19/0119.02 &
OPW19/0216.02 for an Other Change to a Development Approval for a Material Change of Use
for Multiple Housing - Type 2 Duplex and Short-term accommodation and Operational Works
(Drainage work, Stormwater, Earthworks, Landscaping, Carparking & Access) situated at 2 Nola
Street, Noosaville and
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further
erode the permanent housing in the area, impacting permanent resident amenity.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and
(h) of the Medium Density Residential Zone Code as:
a. The proposal is located in an area that it is not predominantly home to permanent
residents, with many properties being used for visitor accommodation and/or
properties permitted for visitor accommodation.
b. The proposal seeks to establish a new short-term visitor accommodation facility
within a recently approved dual occupancy, and is not located within a well-
established resort or holiday units.
3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and
Performance Outcome PO21 of the Noosaville Local Plan Code as:
a. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential amenity of permanent residents.
b. While the code seeks to maintain visitor accommodation in the area, it does not
seek to increase the extent of visitor accommodation within the area to the
detriment of permanent residents.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
a. The proposed visitor accommodation is not appropriately located and integrated
with permanent residents in the area given the number and density of properties
currently being used for visitor accommodation and/or permitted for visitor
accommodation.
b. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents.
5. There is no need for additional short term accommodation in the area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant proposes an Other Change to the existing approval to utilise the approved dual
occupancy (currently under construction) for both permanent and/or short-term accommodation.
No changes are proposed to the built form of the approved building under construction, with all
parts of both dwellings to be available for the proposed use.
The applicant advises that:
They will utilise a local property manager to oversee letting, management and maintenance
of the premises.
Page 5 of 105
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
They will prepare a code of conduct and management agreement for all guests utilising the
premises for short term accommodation.
All guests will be required to sign the agreement and terms of rental.
The two car garage and associated driveway will be available for carparking for guests.
Designated bin areas are provided on site.
No events, weddings, parties or the like are to occur on the premises.
In support of the proposal the applicant advises:
3 bedrooms, max 6 persons per dwelling (12 in total) on site.
Use of outdoor living areas and pool area to be limited to 9 pm.
Approval for short term accommodation is sought for both units.
The outdoor deck and pool area are located at the rear of the site and adjoin a landscaped
setback area of the adjoining resort accommodation.
The pool area and associated terrace area are screened by a 1.8m high fence.
The second floor terrace off the master bedroom is fully screened for privacy and to minimise
opportunities for overlooking.
The property is proposed to be fully fenced and landscaped.
A copy of the proposal plans are included as Attachment 1.
The subject site and surrounding locality are detailed in the following aerial photographs:
Figure 1 – Site Locality
Page 6 of 105
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Figure 2 – Floor Plans (ground and upper level)
Figure 3 – Elevations
2. SITE DETAILS
2.1. Background
A development permit for a Material Change of Use - Multiple Housing - Type 2 Duplex and
Operational Works (Drainage work, Stormwater, Earthworks, Landscaping, Carparking & Access)
was issued on 23 December 2019.
A Minor Change application was approved on 12 February 2020. The change related to the
requirement for creating a stormwater easement along the northern boundary of the subject site
and the level of geotechnical testing required.
Page 7 of 105
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
2.2. Site Description
The subject site is a rectangular shaped lot located on the northern side of Nola Street, Noosaville
and described as Lot 1 on RP142848. The site contains a contemporary residential dual occupancy
(currently under construction).
Pedestrian and vehicular access is from Nola Street with two double garages accessible from the
driveway. The subject site is serviced by standard infrastructure including reticulated water supply
and sewerage, underground telecommunications and overhead electricity supply, bitumen
roadways and kerb and channel.
2.3. Surrounding Land Uses
North: Sandy Beach Resort (21 apartments for short-term accommodation)
South: Dual occupancy (southern side of Nola Street)
East: Four multiple dwellings approved for both permanent and short-term accommodation uses
West: Coral Beach Noosa Resort (47 apartments for short-term accommodation)
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the
provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek to protect neighbourhoods of
permanent housing from short-term visitor accommodation that would impact on the amenity
enjoyed by residents. The planning scheme also seeks to protect areas for visitor accommodation
with a range of accommodation styles envisaged to support the local tourism industry.
The subject site is not located in a designated visitor accommodation area being zoned Medium
Density Residential. The area is also dominated by sites developed for multiple dwelling units and
duplex dwellings that have been typically predominantly used for visitor accommodation,
particularly those properties in proximity to the Noosa River and Gympie Terrace. Properties
setback further from Noosa River and Gympie Terrace have been mostly used by permanent
residents.
Page 8 of 105
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Code Provisions
The subject site is located in the Noosaville Local Plan Area and is zoned Medium Density
Residential. The proposed use is identified as a consistent use with the zone and is required to
follow an impact assessable application process.
The Medium Density Residential Zone Code, the Noosaville Local Plan Code and the Visitor
Accommodation Code all include provisions which address the potential impacts of short-term
accommodation. The relevant provisions are:
Medium Density Residential Zone Code
6.3.2.2 Purpose and Overall Outcomes
(a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
(b) The character of medium density residential neighbourhoods varies due to factors
such as proximity to beaches, the Noosa River, recreation spaces, centres,
topography, availability of views, the established vegetated character, the presence
of visitor accommodation and the age of development
(h) Short-term visitor accommodation is predominately provided through well-
established resorts and holiday units.
6.3.2.3 Assessment Criteria
Role and function
PO6 AO6.2
Visitor accommodation is limited to formats Short-term accommodation does not:
compatible with the character and use of a. constitute a party house;
the area so as not to cause unreasonable b. create noise that would unreasonably
loss of residential amenity, having regard impact on the residential amenity
to: enjoyed by the adjoining or
a. the privacy of residents on the subject surrounding properties.
property or adjoining properties;
b. any likely increase in noise to
adjoining properties;
c. the scale of the use and its
compatibility with the character and
uses within the property or
surrounding area;
d. retention of the primary residential
function of an area;
e. the residential function and
arrangement of common property;
f. the impact on the safety and efficiency
of the local road network;
g. the impact of waste storage areas on
the visual amenity of the area;
h. the location of waste storage areas in
relation to sensitive land uses; and
i. any impact on shared vehicular
access or parking.
Noosaville Local Plan Code
7.2.4.2 Purpose and Overall Outcomes
(f) The Noosaville local plan area maintains its roles for both the provision of much of
the commercial, retail, administrative, industrial and social needs of the coastal urban
portion of Noosa Shire and as a major focus area for visitor accommodation and
services
Page 9 of 105
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
(s) Development in the Medium Density and High Density Housing zones accommodates
a greater diversity in housing types including dual occupancies, multiple dwellings,
retirement facilities and residential care facilities.
(t) Development ensures permanent residents of Noosaville enjoy high levels of
residential amenity and accessibility to urban services and recreational opportunities
7.2.4.3 Assessment Criteria
Development in the Noosaville Local Plan Area generally (All Zones)
PO1
Development enhances the role of Noosaville as a major focus for visitor accommodation
and services in Noosa Shire with high levels of accessibility to outdoor recreational
pursuits and urban services.
Visitor Facilities
PO21
A range of visitor accommodation including low cost and family friendly short-term
accommodation and tourist park accommodation, including the Noosa River Caravan
Park at Russell Street is maintained.
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
(1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation
is appropriately located, designed and operated in a manner which meets visitor
needs, protects and enhances landscape values, protects the amenity of
surrounding premises and avoids conflicts with surrounding uses.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in
coastal areas and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively
responds to site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity and
natural landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or
landscape fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract from
the amenity enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to
carry out agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and the
length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
9.3.5.3 Criteria for assessment
Safety and amenity
PO12
Sufficient on-site car parking is provided to accommodate the number and type of vehicles
likely to be generated by the visitor accommodation having regard to the number of
guests, staff or visitors.
Page 10 of 105
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
The planning scheme prioritises the preservation of medium density residential neighbourhoods
for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding
residential areas from the impacts of short-term accommodation. Whilst acknowledging that there
are a number of permanent residential dwellings within the surrounding area, it is noted that the
surrounding area consists predominantly of visitor accommodation facilities, including Sandy
Beach Resort, Sunset Cove Noosa Holiday Resort, Coral Beach Noosa Resort, and Como Noosa
Luxury Riverside Apartments (refer to Figure 5). Furthermore, there are numerous properties which
are currently being used for short-term accommodation (refer to Figure 6) or properties which have
a development approval which provides for the dwelling to be used interchangeably for permanent
or short term accommodation.
As the proposal is located in an area that would not be considered ‘predominantly home to
permanent residents’ it does not comply with the Purpose and Overall Outcome (a) of the Medium
Density Residential Zone Code. In addition, as the proposal is for the use to establish within new
dwellings, it does not comply with the Purpose and Overall Outcome (h) of the Medium Density
Residential Zone Code, which seeks to ensure Short-term visitor accommodation is predominately
provided through well-established resorts and holiday units.
The proposal does not comply with the Purpose and Overall Outcome (2)(t) and Performance
Outcome PO21 of the Noosaville Local Plan Code, as while the Code seeks to maintain
Noosaville’s role for visitors, it does not seek to increase visitor accommodation in the area and
increasing visitor accommodation in the area is likely to further impact on the amenity of permanent
residents in the area.
The proposal is also not consistent with Purpose and Overall Outcomes (1) and (2)(f) of the Visitor
Accommodation Code, as the proposed visitor accommodation is not appropriately located and
will detract from permanent residents amenity. There is also no need for additional visitor
accommodation in the area, as the extent of visitor accommodation does not integrate well with
permanents in the area and dominates the area.
The below image includes existing resort style accommodation located within the Medium Density
Residential zone in proximity to the subject site.
Figure 5: Location of visitor accommodation within the medium density residential portion of the
neighbourhood1
1
Disclaimer – the mapped visitor accommodation are taken from Council’s existing database. It is noted the map may include errors and
omissions.
Page 11 of 105
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
Principal Strategic Planner, Strategic Planning
4.3. Public Notification
The application was publicly notified for sixteen (16) business days in accordance with the Planning
Act 2016. It is noted that an administrative error by the applicant resulted in incorrect images being
included on the public notification signage placed on the subject site. The Planning Act 2016
requires a minimum of 2 images of the proposed development to be included on the public notice
on the premises, showing relevant details of the proposal (e.g. photomontage, elevations) and
must give the public a general indication of what is being proposed. The sign included an image
and floor plan of a two storey dwelling, however was not the dwellings subject to the application
(refer to Figures 7 and 8).
Figure 7: Copy of public notification signage placed on property
Page 12 of 105
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Figure 8: Render of 2 Nola Street development
The images included on the signage were from the adjoining 4 Nola Street approval, specifically
the southern elevation of the 2 dwellings located on the corner of Nola Street and The Cockleshell.
It is noted that 4 Nola Street is owned by the same owner as 2 Nola Street, and includes an
approval for a Material Change of Use for Multiple Housing Type 4 Conventional (4 Units) and
Visitor Accommodation Type 4 Conventional. The four multiple dwellings at 4 Nola Street and the
dual occupancy at 2 Nola Street are both currently under construction, are designed by the same
building designer, and are similar in built form (refer to Figures 9 and 10).
Figure 9: Dual occupancy under construction at 2 Nola Street
Page 13 of 105
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Figure 10: Multiple dwellings (4 dwellings) under construction at 4 Nola Street
Figure 11: Subject site (2 Nola St - red), adjoining property (4 Nola St - green)
and submitter property (3 Nola St – orange)
Page 14 of 105
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
The DA Rules allows an assessment manager (Council) to continue to assess and decide an
application, even if some of the requirements of the DA Rules about the notice have not been
complied with, provided the assessment manager considers that any non-compliance has not:
adversely affected the awareness of the public of the existence and nature of the application,
or
restricted the opportunity of the public to make properly made submissions about the
development application.
In this regard, it is acknowledged that although the inclusion of the incorrect image had the potential
to cause confusion to the public:
the signage was correctly located on the subject premises and included the correct address,
lot and plan number and application information, including the proposed use;
the letters to adjoining property owners and notification in the newspaper did not include the
images, and provided the correct information in regards to the application details;
all notification types provided the correct details in terms of the submission period, how to
view the application material and how to make a submission; and
it is noted that the one submission received in relation to the application was able to
determine that the image was incorrect and that the application related to the dwelling
currently under construction on the subject site.
Therefore, it is considered that the incorrect image did not adversely affect the awareness of the
public of the existence and nature of the application, and did not restrict the opportunity of the
public to make properly made submissions about the development application.
One properly made submission was received. The following table provides a summary and
assessment of the issues raised by submitters.
Matters Raised Comments
Review of the application submitted to Noosa The original application (MCU19/0119) for a Dual
Council shows it being made by Hunter Hopkins Occupancy was approved on 20 December 2019.
Project 5 Pty Ltd the developers of Nola The Planning Act allows an applicant to lodge an
Residences, therefore it is not unreasonable to Other Change application seeking approval for a
assume that this was the intended use of the new use to establish on site. The subject Other
property from the outset. This being the case the Change application was publicly notified for fifteen
intended use should have been made known business days, and required a notice to be placed
publicly during the Development Application on the property, a notice in a local newspaper, and
phase so that interested parties could submit an letters to adjoining landowners.
objection at that point in time. The general public
It is unclear to whom the ‘other 4 residences in the
and buyers of the other 4 residences in the
development’ is in reference to, however it is noted
development have been deprived of this
the adjoining property at 4 Nola Street, owned by
opportunity to object prior to development
the same company as the subject site (Hunter
approval and given it is not beyond the realms of
Hopkins Project 5 Pty Ltd) also received an
possibility that other owners could be from
approval for a Material Change of Use for Multiple
interstate it is quite possible that they will not
Housing Type 4 Conventional (4 Units) and Visitor
have seen the public notice re this Application.
Accommodation Type 4 Conventional on 19
The public notice displayed at the construction
February 2020. As such, the adjoining property to
site is not a true representation of what has
the east is proposed to be used for either
actually been submitted to Noosa Council. It
permanent or short-term accommodation,
indicates that the townhouse on the corner of
commensurate with the proposal over the subject
Nola Street and The Cockleshell is the property
site. Additionally, the current Other Change
that the application applies too and not the two
application was open to submissions through the
duplexes identified in the application therefore
public notification period. Only one submission was
misrepresenting and misleading any interested
received regarding the proposal. No submissions
parties with regard to the scope and intent of the
were received from adjoining property owners.
application.
Page 15 of 105
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Due to the inaccurate image and floor plan The incorrect image included on the public
depicted in the Public Notice this Application notification signage on the subject site is
should be null and void or as a minimum the addressed above.
consultation period extended with accurate
representation of what is being covered in the
Application for informed public opinion to be
made.
The current zoning for this site as medium It is noted that although short-term accommodation
density residential was presumably made to is a consistent land use within the Medium Density
ensure that permanent Noosa residents can Residential Zone, there is no need for additional
enjoy the benefits that this affords them. The visitor accommodation in the area, and the area
potential impact on surrounding residents’ rights includes a large number of properties used and/or
to a quiet and peaceful enjoyment of their able to be used for short term accommodation.
properties would be significantly impacted if this Additional visitor accommodation development in
application is approved. Short-term letting is this location is likely further erode the residential
notorious for large gatherings of individuals amenity for permanent residents and therefore is
celebrating a variety of events and causing not supported.
public disruption. Whilst the application states
that:
“They will utilise a local property manager to
oversee letting, management and maintenance
of the premises”; in accordance with the
Proposed Local Law – Short Stay Letting or
Home Hosted Accommodation (Revised) that is
currently out for comment, this offers no comfort
to neighbours particularly out of business hours
when getting a response within the nominated
30 minutes, or any timeframe after dark, is highly
unlikely.
The requirement to sign a Code of Conduct and
Management Agreement for all Guests suggests
that there is the potential for unacceptable
behaviour. Evidence would show that merely
signing such a document does not curtail
disruptive behaviour.
The claim that – “The use of the site for short
term accommodation provides visitor
accommodation for the area in a building form
that is characteristic of the area” is immaterial.
Short term tenants of less than 3 months and not
likely to place much stead in the building design.
The approval of this application will impact the
surrounding permanent residents’ rights to the
quiet and peaceful enjoyment of their properties.
It is noted on the plans that there is just the one It is noted that the proposal complies with car
single driveway that widens to allow access to parking requirements under Noosa Plan 2020,
both garages with any parking on the driveway however there would still be potential that on-street
appearing to only provide enough space for one car parking would occur should the proposal be
additional vehicle behind the garage doors supported.
without obstructing the neighbouring garage. It is
quite foreseeable that there will be increased
congestion on the street outside. Nola Street is a
short cul de sac where residents already
encounter driveways being blocked, cars parking
on corners obstructing views and creating
unsafe traffic conditions.
Approval of this Application will undoubtedly
cause more traffic congestion and contribute
further to the constant traffic safety concerns.
Page 16 of 105
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
5. CONCLUSION & REASONS FOR DECISION
The application seeks to use a dwelling house, situated within the Medium Density Residential
Zone, for the purpose of short-term accommodation. The planning scheme seeks to prioritise the
preservation of medium density residential neighbourhoods for predominantly permanent
residential dwellings and seeks to protect the amenity of surrounding residential areas from the
impacts of short-term accommodation. Whilst acknowledging that short-term accommodation has
been identified as a consistent use within the applicable zone, the subject site is located within an
area that is not considered to be predominantly permanent residential and as such does not comply
with a number of provisions of the Noosa Plan 2020. Additional visitor accommodation is not
needed in the area and is likely to further erode the residential amenity for permanent residents in
the area. Accordingly, the application is recommended for refusal.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
x Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 17 of 105
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Attachment 1
Page 18 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Attachment 1
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Page 18 of 105Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 19 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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Page 19 of 105Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
2 RAP21/0016 – APPLICATION FOR A REFERRAL AGENCY RESPONSE FOR A
DWELLING HOUSE (FILLING BEYOND 3M OF THE FOOTPRINT OF BUILDING) AT 11
CHURCH ST, POMONA
Author Development Planner, Tara Norley
Environment & Sustainable Development Department
Index ECM / Applications / RAP21/0016
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant David Michael James Nedved
Joanne Rosario Nedved
Proposal Referral Agency Response – Dwelling house (filling beyond 3m of the
footprint of building)
Properly Made Date 4 June 2021
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 18 June 2021
PROPERTY DETAILS
Property Address 11 Church Street, Pomona
RP Description Lot 1 on SP301620
Land Area 1104.0m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium density residential
Precinct Not applicable
Local Plan Area Not applicable
Overlays Bushfire Hazard (Potential Impact Buffer)
Flood Hazard
Landslide Hazard
Assessment Type Referral Agency Response - Planning
Page 22 of 105
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 July 2021 regarding Application No. RAP21/0016 for a Referral
Agency Response for a Dwelling house (filling beyond 3m of the footprint of building) situated at
11 Church Street, Pomona and request the assessment manager (private building certifier) to grant
a development approval subject to the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
J206156 01A Contour Survey Plan, prepared by Kevin Holt Consulting 04/11/2020
S4486 Sheet 02 NA Site Plan, prepared by Stylemaster 21/01/2021
S4486 Sheet 04 NA Elevations, prepared by Stylemaster 21/01/2021
S4486 Sheet 05 NA Elevations, prepared by Stylemaster 21/01/2021
Sunset Clause for Referral Agency Response
3. This Referral Agency response is no longer valid if the use has not commenced within 4
years of the date of this notice, unless otherwise extended in writing by Council.
Nature and Extent of Approved Use
4. The approved development is limited to the extent of fill proposed on the site. The proposed
dwelling house does not form part of this approval.
Flood Immunity, Drainage and Earthworks
5. All cut and fill must be in accordance with the Approved Plans.
6. Fill material placed over services must not impose any additional surcharge loading on the
service.
7. Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides
and base of services). A retaining wall must be provided to support the soil surrounding utility
infrastructure where proximate to excavation activities.
8. Compaction with a vibrating roller must not be carried out within 600mm of any utility
infrastructure.
9. Other than for accessways, filling must not extend more than the fill/batter line as shown on
Approved Site Plan, prepared by Stylemaster and dated 21 January 2021.
10. Earthworks required on site must be carried out in accordance with Council’s Planning
Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or concentrate or direct overland flow on to an
adjoining property.
Page 23 of 105
Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
REPORT
6. PROPOSAL
This application seeks approval to fill beyond 3 metres from the outer walls of the Dwelling house.
The proposed fill extends up to 7m from the dwelling (approximately 2.8m from the covered outdoor
patio area). A majority of the fill will be contained by a retaining wall (approximately 1.0m at its
highest point).
It is noted that a dwelling house in this location is Accepted Development, subject to requirements
and therefore does not require Council planning approval provided the proposal complies with the
relevant outcomes of Noosa Plan 2020. As such, the subject application is requesting a Referral
Agency Response for the extent of fill only
Figure 1 – Locality
Page 24 of 105
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Figure 2 – Subject Site
Figure 3 – Fill Location
7. BACKGROUND
The subject lot was created via a Development Permit for Reconfiguring a Lot (one lot into four
lots) approved on 3 May 2018. The original subdivision application addressed issues including the
lot size and configuration, flood hazard and bushfire hazard.
Page 25 of 105
Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
The original subdivision approval (RAL17/0511) addressed the flood hazard overlay on the site at
the time the lots were created. The original application included a flood model outlining flood levels
across the site and was required to ensure that the proposed lots will have adequate levels of flood
immunity and safe access. The flood modelling was reviewed by an external Hydrology and Water
Management Consultant. The original planning report for the subdivision application states:
‘…the issues of flood impact on the proposed development has been suitably addressed by the
applicant and Council’s hydraulic consultant. The application demonstrates and provides for
sufficient area, being 1000 square metres, that is available for development on each lot.’
8. SITE DETAILS
Site & Locality Description
Road Frontage 32m frontage to Church Street
Existing Significant Vegetation The site is free of vegetation
Topography The site slopes from the south eastern corner of the lot down to the
north western boundary
Surrounding Land Uses The site is surrounded by a mix of low density residential and
medium density residential zoned land. The predominant existing
development in proximity to the site is single dwelling houses. The
Pomona Local Centre is located approximately 140m to the east of
the subject site.
9. ASSESSMENT
The applicable planning scheme for this application is Noosa Plan 2020. The following planning
scheme codes are applicable to this application:
Low Density Residential Zone; and
Low Density Housing Code
The application has been assessed against the above codes and has been found to be compliant
with, or can be conditioned to comply with, the relevant provisions of the codes. The pertinent
matters arising out of the assessment are outlined and discussed below.
Low Density Housing Code
Acceptable Outcome AO21 of the Low Density House Code states:
Filling other than accessways:
(a) does not extend more than the equivalent of 3 metres around the main building, measured
from the outer walls of the building;
(b) is limited to a maximum of 500m2; and
(c) does not impact on the local drainage of adjoining properties.
The proposal is to extend up to 7m from the outer walls of the building, and as such does not
comply with AO21. Corresponding Performance Outcome PO21 states:
Earthworks and drainage operational works do not directly, indirectly or cumulatively cause
adverse impacts external to the development site by:
(a) causing ponding of water on the site or nearby land;
(b) increasing flooding, which adversely affects the safety or use of any land upstream and
downstream;
(c) adversely affecting the flow of water in any overland flow path; and
(d) adversely affecting the privacy or visual amenity of surrounding property.
Page 26 of 105
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
The application was forwarded to an external Environmental and Civil Engineering consultant for
comment, who provided the following comments specific to the fill proposed on the site:
I don’t believe the proposed filling will have any measurable impact on flooding.
It can be seen from the below extract from Council’s 1%AEP flood mapping that the flooding
affecting the site is backwater flooding due to the flow restriction at Church Street. In other words,
the flooding can be described as very low velocity pooling of water back into the gully adjacent to
the site.
Filling can potentially impact flood levels through either restricting the available flowpath (reduction
in flood conveyance) and/or displacing floodwater through a reduction in flood storage. In this
situation, due to the low velocity backwater nature of the flooding, the only mechanism that is
relevant is potential reduction in flood storage.
As the reduction in flood storage caused by the filling is very small relative to the total storage
available at this location, the impacts would be expected to be negligible.
The area of filling which is triggering the application (more than 3m from main building) is generally
the fill batter (apart from the patio). The 1%AEP flood level at 2100 is 91.8mAHD, which
corresponds to an area of filling of approximately 30m2 which is both outside of the 3m building
setback and subject to fill. The total inundation area for this gully during this event is ~3,000m2.
Figure X: Council’s 1%AEP flood mapping
Council’s Environment Officer also reviewed the proposal plans and did not raise any concerns
regarding the fill and proximity to waterway.
The proposal complies with PO21, as the fill will not cause ponding of water on the site or nearby
land, will not increase flooding and will not affect the flow of water in any overland flow path. In
addition, the fill is proposed to create a flat house pad and outdoor recreation area only, and is
located in proximity to the existing shared access driveway for 11A and 11B Church Street only,
and as such will not adversely affect the privacy or visual amenity of surrounding property. In this
regard, it is recommended that the application be supported.
Page 27 of 105
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
10. CONSULTATION
10.1. Referral Agencies
Not applicable
10.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
Environment Officer, Development Assessment
10.3. Other Referrals
The application was forwarded to the following external experts for review and/or comment:
Switchback Consulting, Environmental and Civil Engineering
10.4. Public Notification
Not applicable
11. COMMENTS RECEIVED ON APPLICATION
The application is Code assessable under Noosa Plan 2020 and therefore, under the Planning Act
2016, is not required to be publicly notified and is not open to submissions. It is acknowledge
however that a number of comments were received from the public in regards to the proposal. The
following table provides a summary and assessment of the comments made, for Council’s
information only.
It is noted that there appears to be some confusion amongst the public/commenters regarding this
application and the recent Request to Apply a Superseded Planning Scheme - Reconfiguring a Lot
(1 lot into 4 lots and drainage reserve) at 11C Church Street, Pomona.
Matters Raised Comments
Due to the Flood Hazard Overlay on this property, The proposal has been reviewed by an
I am concerned that filling could adversely impact Environmental and Civil Engineering consultant in
on overall hydrology, hydraulics and flood regards to impact on flooding, and it has been
capacity of this waterway. determined the proposal will not result in any
adverse or additional impacts in terms of flooding.
Any change to the level of this block could The proposal has been reviewed by an
adversely affect the flow of water to adjoining Environmental and Civil Engineering consultant in
properties and the biosphere of the creek. This regards to impact on flooding, and it has been
should be examined closely by council before any determined the proposal will not result in any
approval is granted. adverse or additional impacts in terms of flooding.
This proposal has the potential to cause further The proposal has been reviewed by Council’s
significant harm to the existing watercourse. It has Environment Officer and it is not anticipated to
been degraded by the existing sub division and result in any adverse impacts on the waterway to
lead to silting and destruction of the previous flow. the north. The fill is proposed a minimum of
At times it is now stagnant and full of exotic approximately 5m from the mapped waterway and
weeds. Further changes can only lead to a is not within a riparian buffer area. It is also noted
worsening of the situation. I oppose any that the proposal includes cut and fill, and as such
importation of fill beyond the house footprint. it is unlikely fill will be imported to the site.
I would be concerned about additional fill being The proposal has been reviewed by an
approved in terms of how this may impact on the Environmental and Civil Engineering consultant in
creek, its flow and the biosphere of the creek as regards to impact on flooding, and it has been
well as potential impacts related to flooding and determined the proposal will not result in any
flow of creek through other properties. adverse or additional impacts in terms of flooding.
The proposal has been reviewed by Council’s
Environment Officer and the fill is not anticipated
to result in any adverse impacts on the waterway
to the north.
Page 28 of 105
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Matters Raised Comments
I feel changing any natural flow will definitely be The proposal is for fill in order to establish a flat
an impact on both wildlife and residents that I am house and recreation site only. The proposed fill
genuinely concerned for. Developers should have will not result in changes to the natural flow of the
minimal environmental change to land flow and waterway.
wildlife corridors as slowly getting pushed aside
which is sad and unnecessary in the push by
developers.
I am concerned that any changes to the The proposal is for fill in order to establish a flat
subdivision development at 11 Church St will house and recreation site only. The proposal does
impact on the creek running through this not include any changes to the subdivision
development, and particularly the wildlife approval.
(including frogs) downstream. Noosa Shire prides
itself on its Biosphere status, lessening any
environmental responsibility during development
does not add anything to the community or
nature, it robs the community and nature of its
rightful future Community and nature before
developers interests please
This is a sensitive area of Pomona with abundant No building works are proposed as part of this
wildlife - if they are building within the creek area application. It is noted however that the fill is
then this has to be against the Noosa plan? proposed a minimum of approximately 5m from
the mapped waterway and is not within a riparian
buffer area.
As a nearby resident who has lived just The proposal is for fill in order to establish a flat
downstream for over 15 years, I am truly house and recreation site only. The proposal has
concerned about the impact of ANY further been reviewed by an Environmental and Civil
development at 11 Church St on the riparian Engineering consultant in regards to impact on
reserve, wildlife corridor and nearby character flooding, and it has been determined the proposal
precinct. There is a Flood Hazard Overlay on the will not result in any adverse or additional impacts
site and I know how quickly the creek comes up. in terms of flooding.
The Noosa Plan 2020 seeks that no development The proposal has been reviewed by Council’s
occur within 10 metres of a waterway. I surely Environment Officer and the fill is not anticipated
hope this is respected and honoured for the safety to result in any adverse impacts on the waterway
of the community and all species that depend to the north.
upon its wellbeing.
Subdivision development at 11 Church Street. The application is not for subdivision.
More wildlife in peril. No respect for environmental
issues. Please keep Pomona as is and forget new
developments!
The heart of Pomona village is no place for The application is for fill for the purposes of
developers. We need 'preservers' not developers. establishing a building pad to construct a dwelling
Those who respect and seek to preserve the house only.
cultural heritage bestowed on the hinterland
villages as manifested in its unique architecture;
those who respect the rich biodiversity of the
micro landscape of which we residents are
custodians. If Noosa Council is committed to its
2020 Plan this proposed development should not
go ahead. The unique character of the hinterland
villages and biodiversity Noosa Tourism uses in
its destination promotion should constitute more
than simple marketing tools. Preserve, not
destroy!
Page 29 of 105
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Matters Raised Comments
I have just been made aware of this development The application is for fill for the purposes of
application and wish to strongly oppose it on establishing a building pad to construct a dwelling
environmental grounds, and because I remain house only.
strongly opposed to medium density housing
occurring in Pomona. I believe Pomona and the
Hinterland will lose its identity as a beautiful
tourist area if it becomes over populated.
I do not like the idea of a block of units put on this The application is for fill for the purposes of
historic site. Once this is approved it sets a establishing a building pad to construct a dwelling
precedent for future applications. That means house only.
more vehicles and people in a space that is
getting overcrowded now. There is a lovely family
of kangaroos that frequent this area and the local
residents love them being there. It would certainly
impact their visits. To add fill to the Creek is not
ok either. Why can't Council realise they are
taking away the true amenity of this unique and
beautiful area. Don't ruin this beautiful part of the
Noosa Hinterland by allowing a block of units to
be built. I am totally against this application.
12. CONCLUSION & REASONS FOR DECISION
The application seeks a Referral Agency Response for a Dwelling house (filling beyond 3m of the
footprint of building), for the purposes of establishing a house pad and flat outdoor recreation area.
The application is considered to comply with the relevant outcomes of Noosa Plan 2020 and will
not cause ponding of water on the site or nearby land, land, will not increase flooding or affect the
flow of water in any overland flow path. In addition, the proposal will not result in any adverse
impacts on neighbouring properties in terms of privacy or amenity, due to the location of the fill.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 30 of 105
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 31 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Disclaimer: This Contour Plan must be used in conjunction Attachment 1 CONTO U R
with the photographs supplied. 4 s
SURVEY PLAN
Disclaimer: Kevin Holt Consulting take no responsibility for a
the location of any non-visible services. 4 v7 i CLIENT: Stylemaster Homes
Warning: Heights are derived from GNSS observations based on 4 Yo __ SITE ADDRESS:
AUSGEOID 2020 and adjusted to local AHD by interpolation. This o£ , FLL os,
warning forms an integral part of this plan. _ AZ Lot 1 Church Street,
— Pomona
SERVICES 4 AZ 6 C4 ent
OM Power. —-—C- - WO 2 4 4S, Cape EO pea i age REAL PROPERTY DESCRIPTION
UG Power - YES “vacant A A KE PS SOSH es gore re ee LAE} Lot: 1
Water - LDP BOT She No Bg FL PP eg: ol] on: SP301620
i YES A ‘yks SS ew oe S554 oS a at athe
Oo . - 4 7 cate Ss 385 eet Ve} = ote! + | Area: 1104 m?
Telecom YES Be Lo as ? ken WS
Gas —+—f - NOTFOUND * 4 A deve Ss Leh. | oe ey Noosa S.C.
Sewer s—© YES 4 A BE: Sf 3 OF fr ot go Datum: AHDD (PSM129853 RL=87.262m)
- - ine J asf i tour Interval: 0.25m
Stormwater ——s*——@®—- - JOREAR A oes: FOS fen bei ®, uM: VIDE: GNSS 3DCQ = 0,018
a re Se fop, LEGEND
A ‘ s. 4 ES ee x Ugur Poe LOCATOR POTHOLE
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4 Cis Yao o Suet tb Yo Ie POWER Box O AR VALVE
BE ~ Y ‘ oe re PowER LINE O stop vate
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4 CAS oF: 7 Ps O Tastes pr —¥ —waTR LE
Ye & 2n-B f YY A 1—— TELSTRA LINE STORMWATER MUHILE
4 OSL. [ee] K GAS MARIER = GULY BRATE
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ee feo Gt EEE
ee . . “Ey 2, - SP301620 3S ¥ Ji PEO 09 Tie postion of Fence Lies, Retssing Wats and citer
foe ages mS Of # o [222] pe etal Is Indicative onily and should not be relied upon as
. oh qepicting the Boundary Lines. This is 2 plan of VISIBLE
Os ef | f Te VG SERVICES ONLY. The location of pegs found have NOT
Pe hy eG - a ey BEEN CHECKED and as such should not be relled on as
VE scope —_ ae 2 5 es | Marking the comers of the lot. An kientification Survey
> pie iy e. “. oa [332 Bong = should be carried out prior to any construction works.
Ge eo a * |e tis ©
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‘'p ~ oes eg 4983 te Po [Nex Ps ay en Phone 07 3219 0400
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© —_— —= bp a2
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- oS Steel Fence e 270°0' ° 1 2 ng No Fag Fd 4 ‘, i A no oesonanbp SURVEYOR: MT (AP)
= & ae e P7186 e? ge -
3 ¢ 2 7 we SCALE: 1:200
pprites © RP71186 Flood Search has not been undertaken for subject lot. Cs DATE DRAFTED: 4/11/2020
Scale |: 200 — Lengths are in Metres. =e toritooas ” @>> JOB NO. PLAN NO. REV
Tite Search has not been undertaken for subject lot. .
2 0 2 4 6 8 0 2 MW 6 18 20 22 24 26 2g |Checkwith DNAMtoreasementandencumbrance Intonation. | © QENOTESPHOTON® & DIRECTION J206156) J206156-01A
Page 31 of 105Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 32 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
1 \ \ \e QSEXEE \
‘CONARI ALL LEVELS ON SE PRIOR TO COMMENGING WORK. | 3% \ \ \ \ \ hee \ 2 SERVICES °o
Al. PUREED POR TOSECERARC TOTO BATES P| 28 \ \ to, \ oe \ we -
couse Aimonves => * \ ND \ sPs01620 O/H Power ———— - NO <
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1:200 ISSUE: CONTRACT 21/01/2021 [cours [| (| | —‘(oewumaenseme —SC=~—“~*S*CSCSCSCSCS EET. =OD_—=
Page 32 of 105Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 33 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
o
-_
COLoRBOND CUSTOM OFS a
ROOFING ROOF AT 2086 oO
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iw
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NOTES: RO BATTS 0 ALL LIGHTWEIGHT CLADDED EXTERNAL WALLS
ROOF TRUSSES AND WALL FRAMES TO: ENCLUDING HEBEL /BRICK VENEER.
MANUFACTURES SPECFICATIONS. NOTE:
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HEBEL CLADOING 188mm MATRIX fmm AXONSTRIA {3mm REFER TOLIGH TWEIGHT CLADDING DETALSFOR REQUIRED - BAL: LOW ‘
ALLLIGH TWEIGHT CLADOING EXCEPT FOR MATAEX TD MAVETOX3mm INSTALABONMETHOOS - PROVIDE SARKING TO ENTIRE ROOF
(BATTENS . REFER CLADOING DETAILS EAVES OVERHANG AND GABLE ENDS MEASURED 1D FRAME
ACCESS 245S {POSED DWELLING [__SaaWaeY | OATE REE] OTE | menos SSCS
ISTYLEMASTER HOMES) SDODNC a
S18 = master pEeeees CH H E LOT 1 (#11) CHURCH STREET a ee a
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1100 ISSUE: CONTRACT 21/01/2021 [couours | | | | osmarnsame SSC=~=“*C*C*~*C CS
Page 33 of 105Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 34 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
o
_
t
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ELEVATION C
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NOTES: ROBATTS TO ALL LIGHTWEIGHT CLADDED EXTERNAL WALLS
ine es To ENCLUDING HEBEL /GRICK VENEER. NOTE:
GLAZING TOWINDOWSD00RS TD AST. 206 SE + PROVIDE 2570mm CEILING HT
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MEBEL CLADOING { Simm. MATFEX 110mm AXON'STRIA {mm REFER TOLIGH TWEIGHT CLADDING DETALSFOR REQUIRED ~ BAL: LOW
ALL LIGHTWEIGHT CLADOING EXCEPT FOR MATAIX 7D MAVETOXIGmm INSTALARON METHOOS - PROVIDE SARKING TO ENTIRE ROOF
GATTENS - REFER CLAQUING DETAILS EAVES OVERHANG AND GABLE ENDS MEASURED 1D FRAME
ACCESSES roPonen Tn [Se
S18 = master PCat MES BEACH HOUSE OR: NEDVED fea | | |_| revossunsmes
T: LOT 4 (#11) CHURCH STREET [eco | | | | _ecossummacmmman; SSCS
Comehometostyle. [mwa ana ELEVATIONS POMONA
1:100 ISSUE: CONTRACT 21/01/2021 feos ee see a
Page 34 of 105Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
3 MCU20/0149 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT-TERM
ACCOMMODATION AT 29 FERGUSON ST, SUNSHINE BEACH
Author Development Planner, Tara Norley
Environment and Sustainable Development Department
Index ECM / Applications / MCU20/0149
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Brian Thomas Ross
Proposal Material Change of Use - Short-term accommodation
Properly Made Date 7 December 2020
Information Request Date 6 January 2021
Information Response Date 11 March 2021
Decision Due Date 5 July 2021
Number of Submissions Fifteen (11 properly made)
PROPERTY DETAILS
Property Address 29 Ferguson St Sunshine Beach Qld 4567
RP Description Lot 283 RP 48111
Land Area 536.0m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays Biodiversity (Protected Vegetation Overlay Area)
Landslide Hazard
Assessment Type Impact
Page 35 of 105
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 July 2021 regarding Application No. MCU20/0149 for a Development
Permit for Material Change of Use - Short-term accommodation situated at 29 Ferguson St
Sunshine Beach and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with Strategic Intent and Outcomes for the Shire as
increased visitor accommodation is not sought or needed for the area and visitor
accommodation will further erode the permanent housing in the area, impacting
permanent resident amenity.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and
(h) of the Medium Density Residential Zone Code as:
a. The proposal seeks to establish a new short-term visitor accommodation facility
within a newly constructed dwelling, and is not located within a well-established
resort or holiday units.
b. There are a number of sites advertised as being available for visitor
accommodation in the immediate neighbourhood and zoned medium density
residential.
3. The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcomes (2)(o) and
(v)(iii) and Performance Outcomes PO1, PO2 & PO15 of the Coastal Communities
Local Plan Code as:
a. The extent of visitor accommodation has started to erode the available supply of
permanent housing in the local plan area.
b. The proposal, being a single dwelling unit, does not deliver on the intent of the
Medium Density Residential zone to provide greater diversity in housing types,
including dual occupancies and multiple dwellings.
c. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential neighbourhood and amenity of permanent residents.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
a. The proposed short term accommodation will not integrate well into the area
given the extent of visitor accommodation in the area.
b. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents given resident’s reasonable expectations for the area.
5. There is no need for additional short term accommodation in the area.
6. The proposed new building does not comply with Performance Outcome PO12(f) of
the Medium Density Residential Zone Code as the proposed front building setback is
not consistent with the predominant character of the surrounding area and does not
allow sufficient landscaping in the front to enhance the streetscape.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application is seeking to obtain a Development Permit for Material Change of Use – Short-
term Accommodation. The proposal includes a new dwelling that contains three bedrooms, each
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with an ensuite, a dining area and a partially enclosed living area to the rear. The proposal also
includes a pool and outdoor living area to the rear.
The proposed new dwelling includes:
Living and bedroom areas connected by covered walkways in a pavilion style design;
Basement car parking for 3 vehicles and service area including laundry and bin storage;
Defined landscape entry including staggered landscaped feature fencing;
Three bedrooms each with an ensuite;
Outdoor dining areas located to the centre of the dwelling;
Open plan kitchen, living and dining areas;
Media room;
Small pool and outdoor living areas;
Pitched roof form with large eaves and overhangs to maintain privacy for guests and
minimise noise;
Extensive landscaping to boundaries of the site.
The applicant advises that:
3 bedrooms, max 6 person on site.
Use of outdoor living areas and pool area to be limited to 9 pm.
They will utilise a local property manager to oversee letting, management and maintenance
of the premises.
They will prepare a code of conduct and management agreement for all guests utilising the
premises for short term accommodation.
All guests will be required to sign the agreement and terms of rental.
The three car garage and basement will be available for carparking for guests.
No events, weddings, parties or the like are to occur on the premises.
In support of the proposal the applicant advises:
The site is located in the Medium Density Residential zone which details short term
accommodation as being a consistent use
The design of the dwelling minimises impacts on the surrounding area through the use of a
basement carpark, minimal windows to side boundaries, fencing and extensive landscaping;
The short term accommodation is of a small scale and accommodated in a single storey, 3
bedroom dwelling;
The basement carparking and service area reduces potential impacts of noise from patrons
on the surrounding area; and
The surrounding land uses and roadways to the site and the characteristics of the locality
support the use of the site for short term accommodation.
A copy of the proposal plans are included as Attachment 1.
The subject site and surrounding locality are detailed in the following figures:
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Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Basement Floor Plan
Figure 4 – Basement Floor Plan
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Figure 5 – Elevations
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 41 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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Page 41 of 105Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Figure 6 – Renders
2. SITE DETAILS
2.1. Site Description
The subject site is a rectangular shaped lot located on the northern side of Ferguson Street,
Sunshine Beach and described as Lot 283 on RP48111. The site contains a dwelling house (to be
removed).
Pedestrian and vehicular access is from Ferguson Street. The subject site is serviced by standard
infrastructure including reticulated water supply and sewerage, underground telecommunications
and overhead electricity supply, bitumen roadways and kerb and channel.
2.2. Surrounding Land Uses
North: Dwelling houses
South: Dwelling houses
East: Dwelling houses
West: Dual occupancy
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
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statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the
provisions are relevant to the development.
Code Provisions
The subject site is located in Sunshine Beach and is zoned Medium Density Residential. The
proposed use is identified as a consistent use with the zone and is required to follow an impact
assessable application process.
The pertinent issues arising out of the assessment are discussed below.
SHORT-TERM ACCOMMODATION USE
Strategic Framework
The planning scheme acknowledges that the Shire’s coastal areas are the most popular with
visitors and that visitors contribute to Noosa’s economy. However, the strategic intent is to broaden
the economic structure of the local economy and be less reliant on a tourism driven industry.
Accordingly increased visitor accommodation is not sought by The Noosa Plan 2020 and the
strategic outcomes instead seek to protect identified areas for visitor accommodation and
neighbourhoods of permanent housing from short-term visitor accommodation.
The subject site is not located in a designated visitor accommodation area being zoned Medium
Density Residential. The area has a significant amount of visitor accommodation that is adversely
impacting on resident’s residential amenity.
Code Provisions
The subject site is located in the Coastal Communities Local Plan Area and is zoned Medium
Density Residential. The proposed use is identified as a consistent use with the zone and is
required to follow an impact assessable application process.
The Medium Density Residential Zone Code, Coastal Communities Local Plan Code and Visitor
Accommodation Code all include provisions which address the potential impacts of short-term
accommodation.
Notably Part 1, section 1.5 of the Noosa Plan 2020 states local plan codes (i.e. Coastal
Communities Local Plan Code) prevails over zone codes (i.e. Medium Density Residential Zone
Code), use codes and other development codes to the extent of any inconsistency. This provides
for different requirements to be established for different areas of the Shire but which may be zoned
the same and reflects community preferences.
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The relevant provisions are:
SHORT-TERM ACCOMMODATION USE
Coastal Communities Local Plan Code
7.2.4.2 Purpose and Overall Outcomes
(o) Development in the Medium Density Housing zones accommodates a greater
diversity in housing types including dual occupancies, multiple dwellings, retirement
facilities and residential care facilities.
(v) Development in Sunshine Beach –
(iii) for visitor accommodation is managed appropriately so as not to reduce the
amenity of the surrounding permanent residents and to retain an adequate
supply of permanent housing in the local plan area;
7.2.4.3 Assessment Criteria
Development in the Coastal Communities Local Plan Area generally (All Zones)
PO1
Development enhances the role of the coastal communities as a beachside residential
area which also include a considerable amount of visitor accommodation.
PO2
Development contributes to the lifestyle and amenity of residents and visitors in the
coastal communities.
Visitor Facilities
PO14
Development provides a diversity of types and styles of visitor accommodation to cater
for a range of visitor experiences in close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent
residential dwellings.
Medium Density Residential Zone Code
6.3.2.2 Purpose and Overall Outcomes
(a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
(b) The character of medium density residential neighbourhoods varies due to factors
such as proximity to beaches, the Noosa River, recreation spaces, centres,
topography, availability of views, the established vegetated character, the presence
of visitor accommodation and the age of development.
(h) Short-term visitor accommodation is predominately provided through well-
established resorts and holiday units.
6.3.2.3 Assessment Criteria
Role and function
PO6 AO6.2
Visitor accommodation is limited to formats Short-term accommodation does not:
compatible with the character and use of a. constitute a party house;
the area so as not to cause unreasonable
loss of residential amenity, having regard b. create noise that would unreasonably
to: impact on the residential amenity
enjoyed by the adjoining or
a. the privacy of residents on the subject surrounding properties.
property or adjoining properties;
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b. any likely increase in noise to adjoining
properties;
c. the scale of the use and its compatibility
with the character and uses within the
property or surrounding area;
d. retention of the primary residential
function of an area;
e. the residential function and
arrangement of common property;
f. the impact on the safety and efficiency
of the local road network;
g. the impact of waste storage areas on
the visual amenity of the area;
h. the location of waste storage areas in
relation to sensitive land uses; and
i. any impact on shared vehicular access
or parking.
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
(1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation
is appropriately located, designed and operated in a manner which meets visitor
needs, protects and enhances landscape values, protects the amenity of
surrounding premises and avoids conflicts with surrounding uses.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in
coastal areas and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively
responds to site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity
and natural landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or
landscape fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract
from the amenity enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to
carry out agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and the
length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
9.3.5.3 Criteria for assessment
Safety and amenity
PO12
Sufficient on-site car parking is provided to accommodate the number and type of vehicles
likely to be generated by the visitor accommodation having regard to the number of
guests, staff or visitors.
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While short term accommodation is identified as a consistent use in the Medium Density
Residential zone and a considerable amount is envisaged in the local plan area, the planning
scheme seeks to ensure:
visitor accommodation is not to the detriment of an adequate supply of permanent housing,
and
neighbourhoods of permanent residents are protected from influxes of short-term visitors
whose interest and priorities are not compatible with residential amenity.
Review shows that there is a significant amount of visitor accommodation (or sites with a current
approval that allow for visitor accommodation) in the local plan area, with a number of sites
advertised as being available for visitor accommodation in the immediate neighbourhood and
zoned medium density residential.
The extent of visitor accommodation has started to erode the available supply of permanent
housing and consequently additional visitor accommodation will not integrate well with the area.
The applicant has further not demonstrated that there is a need for further short term
accommodation.
Visitor accommodation can impact significantly on residents amenity as evidence by the
submissions received to the application from residents and complaints received by Council
generally.
The proposal, being a single dwelling unit, does also not deliver on the intent of the Medium Density
Residential zone to provide greater diversity in housing types, including dual occupancies and
multiple dwellings.
Figure 11: Location of visitor accommodation within the medium density residential portion of the
neighbourhood2
2
Disclaimer – the mapped visitor accommodation are taken from Council’s existing database. It is noted the map may include errors and
omissions.
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BUILT FORM PROVISIONS
Criteria Planning Scheme Proposal Complies
Building height
storeys 2 storeys max 1 storey + basement
metres 8 metres 6.1 metres
Site cover 40% max 40%
Plot ratio 0.4:1 max. 0.32:1
Boundary setbacks
Frontage 6.0 metres min 4 metres X
Side (south west) 1.5 metres min 1.5 metres
Side (north east) 1.5 metres min 1.5 metres
Rear 6.0 metres min 4.8 metres X
Length of wall 15 metres max 12.5 metres
Roof Form
Pitch N/A N/A N/A
Eaves N/A N/A N/A
Soft landscaping 107m² min (20%) >107m²
Carparking 3 uncovered min 3 covered
Front and Rear Setbacks
Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code states:
Buildings and structures meet the following minimum boundary setbacks:
(a) for frontages - 6 metres
(b) for side boundaries -
(i) 1.5 metres setback up to 4.5 metres height;
(ii) 2 metres setback between 4.5 metres and 7.5 metres height; and
(iii) 2.5 metres where above 7.5 metres height
(c) for the rear boundary - 6 metres
The proposal includes a front boundary setback of 4m to the roof and 6m to the dwelling, and a
rear boundary setback of 4.8m to the roof, 7m to the ‘outdoor living’ and 8m to the dwelling.
Therefore, the proposal does not comply with AO12.1 of the Medium Density Residential Zone
Code.
Figure 7: Front and Rear setbacks (refer to Figures 8 and 9 for outlined excerpts)
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Figure 8: Front setback
Figure 9: Rear setback
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Figure 10: Rear setback
Corresponding Performance Outcome PO12 of the Medium Density Residential Zone Code
states:
Buildings and structures are designed and sited to:
(a) provide a high level of amenity to users of the subject site and adjoining premises, including
provision of visual and acoustic privacy;
(b) not unreasonably obstruct views or cause overlooking of private open space or habitable
areas of adjoining premises;
(c) provide adequate distance from adjoining land uses;
(d) preserve existing vegetation that will help buffer development;
(e) allow for space and landscaping to be provided between buildings including adequate area
at ground level for landscaping with trees, shrubs, outdoor living and utilities;
(f) be consistent with the predominant character of the surrounding area; and
(g) protect the natural character and avoid adverse impacts on ecologically important areas such
as national parks, waterways and wetlands.
The front setback, at 4.0m to the roof over the front terrace is not considered to comply with PO12
as the setback is not consistent with the predominant character of the surrounding area and as
such is not supported.
The rear setback, at 4.8m to the roof over the ‘outdoor living’ area is considered to comply with
PO12 as the intrusion into the setback relates to the roof only, and therefore still provides adequate
distance from the adjoining dwelling to the rear, which is setback approximately 12m from the rear
boundary.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
Coordinator Engineering, Development Assessment
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4.3. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. Eleven properly made submissions were received. The following table provides a
summary and assessment of the issues raised by submitters.
Matters Raised Comments
Carparking
Parking congestion making roads unsafe for The use is not supported, however it is noted that the
drivers and pedestrians proposed development includes a basement carpark
Concerned the guests will not utilise the providing for three onsite carparks for guests, which
basement and will park on street instead. complies with Noosa Plan 2020 carparking
requirements.
Reduction in permanent residential
Proliferation in short-term accommodation in It is noted that although short-term accommodation is
proximity. Full time residents being ‘squeezed a consistent land use within the Medium Density
out’ Residential Zone, it is not intended to erode the
There is a shortage of long-term availability of housing for permanent residents.
accommodation in the Noosa area. In our
experience long-term renters integrate better
in the neighbourhood with more responsible
behaviour i.e. less noise.
Noise and Amenity
Concerned that Noosa Council is allowing The site is zoned Medium Density Residential and is
development which increases the density of intended to be developed for dual occupancy and
people residing in this section of Sunshine multiple dwelling developments.
Beach, and specifically Ferguson Street,
increases traffic and parking difficulties,
increases the noise level and changes the
environment which changes the ambience of
the area.
Design
Location of the BBQ in proximity to adjoining The BBQ was removed in response to the Information
properties bedrooms Request issued.
Location of the rangehood in proximity to The dwelling complies with side setback requirements.
adjoining properties bedrooms A range hood is a standard inclusion in most dwellings
and would be no different if the dwelling was being
utilised as a dwelling house.
Location of the kitchen bench and cooktops in The dwelling complies with side setback requirements.
proximity to adjoining property. In addition, there are no windows/doors located on the
north eastern elevation, and as such the location of
the kitchen is considered acceptable.
General
Concerns regarding construction procedures / These concerns would arise with any redevelopment
fencing of a site.
Concerns regarding black rat infestations Not a relevant consideration for this development
application.
Vegetation within the road reserve The use is not supported therefore there will be no
Asbestos changes to the vegetation within the road reserve.
Management of the use The asbestos removal is managed through any
demolition approval and the relevant Building Certifier.
Council is currently working on a new Local Law to
assist in managing short-term accommodation in the
Shire.
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5. CONCLUSION & REASONS FOR DECISION
The application seeks to use a new dwelling, situated within the Medium Density Residential Zone,
for the purpose of short-term accommodation. The planning scheme seeks to prioritise the
preservation of medium density residential neighbourhoods for predominantly permanent
residential dwellings and seeks to protect the amenity of surrounding residential areas from the
impacts of short-term accommodation. Whilst acknowledging that short-term accommodation has
been identified as a consistent use in the area it is not intended to erode the supply of permanent
housing and there is a significant amount of visitor accommodation currently offered or approved
for visitor accommodation in the Coastal Community area. Further, the applicant has not
demonstrated a need for additional visitor accommodation in the area and is likely to further erode
the residential amenity for permanent residents. Accordingly, the application is recommended for
refusal.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Page 52 of 105
\ Jf Attachment 1
GENERAL NOTES é
DO NOT SCALE PLANS, USE WRITTEN DIMENSIONS ONLY. IF IN DOUBT, ASK ‘
THE OWNER/BUILDER SUBCONTRACTOR SHALL VERIFY ALL DIMENSIONS, LEVELS, a - hy
SETBACKS AND SPECIFICATIONS PRIOR TO COMMENCING WORKS OR ORDERING Sk, eo Sp: ey, eg
MATERIALS AND SHALL BE RESPONSIBLE FOR ENSURING THAT ALL BUILDING WORKS Seco, O~ >,
CONFORM TO THE NATIONAL CONSTRUCTION CODE OF AUSTRALIA, CURRENT de, y
AUSTRALIAN STANDARDS, BUILDING REGULATIONS AND TOWN PLANNING 2
5 1 1 1 8 9 1780 590 13 17 19 >
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5 1 1 1 9 2 660 609 237 11 96 REPORT
5 1 1 1 9 3 722 599 37 31 94 ANY
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5 1 1 1 9 5 904 609 21 11 96 TO
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5 1 1 1 12 4 594 663 38 11 94 2006
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5 1 1 1 12 6 697 663 13 11 93 IN
5 1 1 1 12 7 717 663 188 12 93 BUILDINGS
5 1 1 1 12 8 798 653 17 31 92 -
5 1 1 1 12 9 816 663 89 12 96 SELECTION
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5 1 1 1 13 6 861 682 21 11 96 OF
5 1 1 1 13 7 889 682 52 11 96 SHEET
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kas YY 4 LY \ eer ae enact
THESE PLANS SHALL BE READ IN CONJUNCTION WITH ANY SOIL, STRUCTURAL AND NX EP Se My, gS & Ss . 6.500m above ng
CIVIL ENGINEERING COMPUTIONS AND DRAWINGS \ SY Lae KY CY N aN \
ALL BUILDINGS SHALL BE PROTECTED AGAINST TERMITE ATTACK IN ACCORDANCE RK 2 Jo NO) y \ yr \
WITH AS 3660.1 AND A DURABLE NOTICE SHALL BE PLACED IN THE METER BOX CO Ye $\ KNX My VAX \
INDICATING TYPE OF BARRIER AND REQUIRED PERIODICAL INSPECTIONS 6 MI" LSS . oO > > \ .
my YS ESBS S . ‘ Orn \ proposed roof line
RS. K QQ QB me KO \ ‘
SAFETY GLAZING TO BE USED IN THE FOLLOWINGS CASES - No NY SN XS NX . 4 4 N y
) ALL ROOMS - WITHIN 500mm VERTICAL OF THE FLOOR a % SACS AY Jf pp Dp XK
i) BATHROOMS - WITHIN 1500mm VERTICAL OF THE BATH BASE b y S Xs SQ Y fl fb .
iil) FULLY GLAZED DOORS 7 \ Rave NS AN Y r C A VM as \ &
iv) SHOWER SCREENS & QQGG S SX lsd dey C y, \ se
Y) WITHIN 300mm OF A DOOR AND <1200mm ABOVE FLOOR LEVEL \ CO ARESYKD Se, VK) XY RS x 4
vi) WINDOW SIZES ARE NOMINAL ONLY, ACTUAL SIZES WILL VARY RET Oe XG? > YS EX\> EX e
WITH MANUFACTURER, AND ARE TO BE VERIFIED WITH SAME. FLASHING ALL ROUND 4 ROB » O <Y) cS KR x
STORMWATER TO BE TAKEN TO ON SITE STORAGE OF PROVIDED, THEN THE LEGAL 7 ‘ SASSY LS CN. \W \
POINT OF DISCHARGE AS DETERMINED BY THE RELEVANT AUTHORITY, XQ +, G Y OP KK YAY USN \
TILED DECKS OVER LIVABLE AREAS ARE TO BE, IN THE FOLLOWING ORDER OVER THE f é < EX SV éN YY> 4 KDW \ Sy
FLOOR JOISTS : 19mm COMPRESSED FIBRE CEMENT SHEET, WITH ONE LAYER OF s a7 *s O RQ—?DAWAK A XW WG XQ ee fi
PARCHEM EMERPROOF 750 WITH A SECOND LAYER OF SAND SEED WITH ADFT OF IN. f oS R2VYXY SS NS &\ \ %
1300 MICRON, INSTALLED TO MANUF. SPECIFICATIONS, AND FLOOR TILES OVER, ALL ao ROBES O (LX NS x Ye 43.900 m
CORNERS TO HAVE 20mm MASTIC SEALANT UNDER THE PARCHEM EMERPROOF 750. \ QO A Ns ane \ S% &
FOOTINGS ARE TO BE WHOLLY WITHIN TITLE BOUNDARIES AND ARE NOT TO ENCROACH BAG EN PSY ST xs 22~_®/
EASEMENTS. IT IS RECOMMENDED THAT WHERE BUILDINGS ARE TO BE LOCATED IN NGL 43,600m XQ SVG £2» ESS ey ®%, i+ £Ny
CLOSE PROXIMITY OF BOUNDARIES, A CHECK SURVEY BE CONDUCTED BY A LICENSED Roof RL 49.330m N SSK PLY Xv Gey IN CoO roof line of existing
SURVEYOR Scesliaishoverng \ COS Qy CPW « . high set house
ALL STEELWORK IN MASONRY TO BE HOT DIP GALVANISED >. SA R CLP) NS.
\ WS % LEX
ALL WET AREAS TO COMPLY WITH BCA 3.8.1.2 AND AS 3740. SPLASH BACKS SHALL erapissarosrun XQ BSS S Oo, £» A / ae
BE IMPERVIOUS FOR 150mm ABOVE SINKS, TROUGHS AND HAND BASINS WITHIN \ GEN GQ O <2 ys S/ Bio
76mm OF THE WALL. \ eo yy s 2») A~\ By AO A Dak Mn,
PROVIDE WALL TIES AT 600mm SPACINGS BOTH VERTICAL AND HORIZONTAL AND. \ Kt ANY YCpyS as x 0,2?
WITHIN 300mm OF ARTICULATION JOINTS. BRICK TIES TO BE STAINLESS STEEL. ina} . i SOK NX r. ey
SUB-FLOOR VENTILATION MINIMUM 7500mm/sq FOR EXTERNAL WALLS AND ie ee ane \ we Bote q& gS eo e
1500mm/sq FOR INTERNAL WALLS BELOW BEARER 9 G | 5 Vv x? AR oe
THERMAL INSULATION TO BE PROVIDED TO ACHIEVE MINIMUM REQUIREMENTS AS | y 8 ay xX
\ oe
SPECIFIED BY LICENSED ASSESSOR % X KL vf Os xy
STAIR REQUIREMENTS : MIN, TREAD 240mm, MIN. RISER 115mm, MAX. RISER 190mm, \ wea, v,) SG 3
SPACE BETWEEN OPEN TREADS MAX. 125mm. TREADS TO BE NON SLIP SURFACE eg 8 tf Sy &y x
BALUSTRADES : MIN, 1000mm ABOVE LANDINGS WITH MAX. OPENING OF 125mm AND \ a0 Uy OC S Q &
IN ACCORDANCE WITH BCA 3.9.2 os 2 “ff, ty mS SK gs
FOR STAINLESS STEEL BALUSTRADE, REFER TO Table 3.9.2.1 (WIRE BALUSTRADE &, 6 eal SS oN
CONSTRUCTION - REQUIRED WIRE TENSION AND MAXIMUM PERMISSIBLE Ni N QO ~ Qy S$ w
DEFLECTION) OF THE BCA Sa, oy SJ « S Y 5 &
THE BUILDER SHALL TAKE ALL STEPS NECESSARY TO ENSURE THE STABILITY OF SITE PLAN or Oy SB & x
EXISTING AND NEW STRUCTURES THROUGH-OUT CONSTRUCTION VY Vv
DENOTES LOCATION OF SMOKE DETECTORS (refer electrical layout plans), SCALE: 1:200 &
TO BE HARD WIRED WITH EMERGENCY BACK-UP AND COMPLY WITH AS 3786 g
PROVIDE LIFT OFF HINGES, OPEN OUT DOOR OR MIN 1200mm CLEARANCE FROM DOOR
TO PAN IN WATER CLOSETS
EXHAUST FANS FROM SANITARY COMPARTMENTS ARE TO BE DUCTED EXTERNALLY
OR TOA VENTED ROOF SPACE IN COMPLIANCE WITH AS 1668.2
THESE NOTES ARE NEITHER EXHAUSTIVE NOR A SUBSTITUTE FOR REGULATIONS, x
STATUTORY REQUIREMENTS, BUILDING PRACTICE OR CONTRACTUAL OBLIGATIONS Be
SURVEYOR TO CONFIRM SETOUT PRIOR TO COMMENCEMENT OF WORKS L
THESE PLANS ARE PROTECTED BY COPY RIGHT AND ARE THE PROPERTY OF THE
AUTHOR.
GENERAL NOTES i CLIENT NAME: Brian Ross
‘ 5 Use written dimensions only. DO NOT seale drawings. Contracters to verify al | Site Plan SITE ADDRESS: 29 Ferguscn Street, Sunshine Beach
natani des nyse el dimensions and levels en site prior to commencing works and shop drawings
Site location is Category N3 or fo engneer's requirements
residential building design ‘These rawings.are to a peack in conjunction with rengineers desigrend ISSUE: W DATE: 11/03/2021 [oar Aug20200 [| DRAWING Ne
Poet ieieonaandgleeniel aici enn OA details, the accompanying bulding specification and schedule of finishes ———— = A000Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 53 of 105
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Page 54 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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Page 54 of 105Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 55 of 105
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GENERAL NOTES: “Roof Plan CLIENT NAME: Brian Ross
: Py Use written dimensions only. DO NOT scale drawings, Contractors to verify all str E55; 29 Fel Street, Sunshine Beach
natani desi za 6 dimensions and levels en site prior 1 commencing works and shop crawings. —————
Site location is Category N3 or to engneer's requirements.
residential building design These drawings are to be read in conjunction with engineer's design and F ome Augzon0 | S~*d DRAWING No
Pac air aerate a sasata details, the accompanying building specification and schedule of finishes sae eee! tee A103
PREC REL CY ICS 1c MU cee If in doubt, please request clarification, DO NOT ASSUME.Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 56 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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5 1 1 1 24 4 2135 2287 72 34 96 105Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Page 57 of 105
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GENERAL NOTES; ; ; “Ele vations CLIENT NAME: Brian Ross
natani design Hi neruone HVliewls Ghee iin Benen Reta are Scie owines SENSES Beer Siee Sure neeead
Site location is Category N3 or to engneer's requirements.
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Page 58 of 105Section 59
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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ASection 60
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
4 MCU15/0069.01 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A
MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
SHORT-TERM ACCOMMODATION AT 1/39 DUKE STREET, SUNSHINE BEACH
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU15/0069.01
Attachments 1. Proposal plans
APPLICATION DETAILS
Applicant AM McDonald
Proposal Material Change of Use - Short-term accommodation
Properly Made Date 17 March 2021
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 2 July 2021
Number of Submissions 3 - 2 object and 1 x impartial
PROPERTY DETAILS
Property Address Sails On Duke 1/39 Duke St Sunshine Beach Qld 4567
RP Description Lot 1 SP 268333
Land Area 281m2
Existing Use of Land Duplex
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential Zone
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays Landslide Hazard Overlay – Moderate and High Hazard Areas
Assessment Type Other Change to Approval Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 June 2021 regarding Application No. MCU15/0069.01 for an Other
Change to a Development Approval for a Material Change of Use for Multiple Housing - Type 2
Duplex situated at 1/39 Duke Street, Sunshine Beach, and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
erode the dwelling units available for permanent housing in the area, impacting
permanent resident amenity.
d. The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome
(2)(v)(iii) of the Coastal Communities Local Plan Code as:
e. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential amenity of permanent residents.
f. The proposal is located on a site which is not identified for tourist accommodation
and given the extent of visitor accommodation in the area zoned High Density
Residential will impact on the availability of multi units for permanent residents.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and
(j) of the High Density Residential Zone Code as:
c. The proposal is located in an area that is not predominantly home to permanent
residents, with many properties being used for visitor accommodation and/or
properties permitted for visitor accommodation and the proposal will erode the
availability of dwelling units for permanent residents.
d. The proposal seeks to establish a new short-term visitor accommodation facility
within a recently approved dual occupancy, and is not located within a well-
established resort or holiday units.
3. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
c. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents given resident’s reasonable expectations for the area.
4. There is no need for additional short term accommodation in the area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
This application seeks an Other Change to an existing development approval to allow the use of
an existing dwelling unit within a duplex to be used for Short Term Accommodation. The dwelling
unit contains 3 bedrooms, and it is proposed that each bedroom accommodate 2 persons therefore
the maximum number of guests proposed is 6.
The applicant advises that the following features relating to the management of the short-term
accommodation are proposed:
Maximum of 6 guests only within the three bedrooms.
A local property manager (Aspire/Sunshine Beach Accommodation/Noosa Luxury Holidays)
will oversee the letting, management and maintenance.
A code of conduct is to be developed for all guests.
A local contact person must respond to complaints within 30 minutes of notification.
The double garage and guest parking will be made available.
No parties or events are to occur on the premises.
Restrict the use of outdoor areas after 9pm.
No parties or events.
The subject site and surrounding locality are detailed in the following aerial photographs:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Figure 1 – Subject site
Figure 2 – Locality Plan
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
2. SITE DETAILS
2.1 Background
A development permit for Multiple Housing Type 2 – Duplex was issued on 14 October 2015. The
duplex replaced a detached house and comprises 2 x 3 bedroom, 2 storey dwelling units. The site
is accessed via a single crossover from Duke Street. Each dwelling unit contains a double garage
whilst 2 additional visitor car parks are also provided on the subject site.
A summary of the approved plans are detailed below:
Figure 3 – Ground Floor Plan
Figure 4 – First Floor Plan
Figure 5 – First Floor Plan
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Figures 6 - 8 – Elevations
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
2.2 Site Description
The subject site is located on the southern side of Duke Street and contains a duplex dwelling
which comprises 2 levels with car parking below. Each dwelling unit occupies an entire floor level.
The 3 bedroom unit which forms the basis of this application is located on the first level. No
changes are proposed to the existing unit. A 21m2 deck off the living/dining area overlooks Duke
Street.
A pool and associated deck is located in the communal area to the rear of the building.
The following image details the completed built form of the development.
Figures 9 – Subject building (Source: realestate.com.au)
2.3 Surrounding Land Uses
North: 37 Duke Street: A multiple dwelling development comprising 3 dwelling units. The units
are able to be used for both permanent and short-term accommodation as the development was
approved pre-Noosa 2006 planning scheme.
South: 43 Duke Street (Sunshine Vista): A multiple dwelling development comprising 18 dwelling
units. The units are able to be used for the both permanent and short-term accommodation as the
development was approved pre-Noosa 2006 planning scheme.
East: 18 Douglas Street and Duke Street shops: office and shops within the Tourist
Accommodation Zone
West: 39 – 41 Elanda Street – (Seabreeze on Sunshine): A multiple dwelling development
comprising 8 dwelling units which are able to be used for both permanent and short-term
accommodation as the development was approved pre-Noosa 2006 planning scheme.
3 ASSESSMENT
3.1 Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
3.2 State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3 Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the
provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek that neighbourhoods of permanent
housing are protected from short term visitor accommodation that would impact on the amenity
enjoyed by residents. The planning scheme also seeks to protect areas for visitor accommodation
with a range of accommodation styles envisaged to support the local tourism industry.
The subject site is not located in a designated visitor accommodation area being zoned High
Density Residential. The broader area contains a mix of dwellings, multiple dwelling units and
duplex dwellings that are being used as a mix of permanent residences and short term
accommodation. Properties setback further from the beach, primarily within the Low Density
Residential Zone, have been mostly used by permanent residents.
Locality Provisions
The subject site is located in the Coastal Communities Local Plan Area and is zoned High Density
Residential. The proposed use is identified as a consistent use with the zone and is required to
follow an impact assessable application process.
Notably Part 1, section 1.5 of the Noosa Plan 2020 states local plan codes (i.e. Coastal
Communities Local Plan Code) prevails over zone codes (i.e. High Density Residential Zone
Code), use codes and other development codes to the extent of any inconsistency. This provides
for different requirements to be established for different areas of the Shire but which may be zoned
the same.
The Coastal Communities Local Plan Code, the High Residential Zone Code and Visitor
Accommodation Code all contain requirements for short term accommodation. The relevant
provisions are:
Coastal Communities Local Plan Code
7.2.6.2 Purpose and Overall Outcomes
(m) Sites identified for tourist accommodation are retained and developed for that use
to maintain a diversity and choice of visitor accommodation and affordability in the
local plan area.
(v) Development in Sunshine Beach –
(ii) has a comparatively high proportion of multi-unit accommodation for
both visitors and residents;
(iii) for visitor accommodation is managed appropriately so as not to reduce the
amenity of the surrounding permanent residents and to retain and adequate
supply of permanent housing in the local plan area;
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7.2.1.3 Assessment Criteria
PO14
Development provides a diversity of types and styles of visitor accommodation to cater for a range
of visitor experiences in close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent residential
dwellings.
High Density Residential Zone code
6.3.3.2 Purpose and Overall Outcomes
(2) (a) High density residential neighbourhoods are predominantly home to permanent residents.
(d) New uses are located, designed and managed to be compatible with surrounding uses.
(j) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
6.3.3.3 Assessment Criteria
AO3.5
Short-term accommodation does not:
c. constitute a party house;
d. create noise that would unreasonably impact on the residential amenity enjoyed by the
adjoining or surrounding properties.
PO3
Visitor accommodation is limited to formats compatible with the character and use of the area so
as not to cause unreasonable loss of residential amenity, having regard to:
j. the privacy of residents on the subject property or adjoining properties;
k. any likely increase in noise to adjoining properties;
l. the scale of the use and its compatibility with the character and uses within the property or
surrounding area;
m. retention of the primary residential function of an area;
n. the residential function and arrangement of common property;
o. the impact on the safety and efficiency of the local road network;
p. the impact of waste storage areas on the visual amenity of the area;
q. the location of waste storage areas in relation to sensitive land uses; and
r. any impact on shared vehicular access or parking.
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
(3) The purpose of the Visitor Accommodation code is to ensure visitor accommodation
is appropriately located, designed and operated in a manner which meets visitor
needs, protects and enhances landscape values, protects the amenity of
surrounding premises and avoids conflicts with surrounding uses.
(4) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in
coastal areas and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively
responds to site characteristics.
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(d) Visitor accommodation does not detrimentally impact upon the biodiversity
and natural landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or
landscape fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract
from the amenity enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to
carry out agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and the
length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
9.3.5.3 Criteria for assessment
Safety and Amenity
PO12
Sufficient on site car-parking is provided to accommodate the number and type vehicles likely to
be generated by the visitor accommodation having regard to the number of guests, staff or visitors.
The planning scheme prioritises the preservation of high density residential neighbourhoods for
predominantly permanent residential dwelling units and seeks to protect the amenity of surrounding
residential areas from the impacts of short term accommodation.
The following image details those properties within the High Density Residential Zone in proximity
of the subject site which are being used for short-term accommodation (highlighted in yellow):
Figure 10: Location of visitor accommodation within the high density residential portion of the neighbourhood3
3
Disclaimer – the mapped visitor accommodation are taken from Council’s existing database. It is noted the map may include errors and
omissions.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Whilst the proposal is in part consistent with the Coastal Communities Local Plan in that it
contributes to the provision of tourist accommodation and is not located in an area which is
predominantly permanent residential, the code does not seek to increase visitor accommodation
in the high density residential area and seeks to provide multi-unit accommodation for both
permanents and visitors.
The area zoned High Density Residential is predominantly being used for visitor accommodation,
including Sunshine Vista, Sundancer and La Mer (refer to Figure 10). Furthermore, there are
numerous properties which have a development approval issued prior to the Noosa Plan 2006
which provides for the dwelling units to be used interchangeably for permanent or short term
accommodation.
Increasing visitor accommodation in this area is likely to further impact on the amenity of remaining
permanent residents and impact on the availability of dwelling units for permanent residents.
Similarly the High Density Residential Zone also seeks provide for multi-unit accommodation to
cater for both visitors and permanents and it is considered that there is no need for additional visitor
accommodation in the area.
The proposal is also not consistent with the Purpose and Overall Outcomes (1) and (2)(f) of the
Visitor Accommodation Code is likely to detract from the amenity enjoyed by residents given
resident’s reasonable expectations for the area.
4 CONSULTATION
4.1 Referral Agencies
Not applicable
4.2 Internal Council Referrals
Not applicable
4.3 Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. 3 properly made submissions were received. The following table provides a summary
and assessment of the issues raised by submitters.
Matters Raised Comments
Amenity
The amenity of the area is currently impacted It is noted that short-term accommodation can result in
due to the noise from AirBnB parties occurring amenity impacts when not appropriately managed.
at the premises
No on site manager means bad behaviour
does not get controlled
Current use of the premises for short-tern
accommodation has resulted in amenity
impacts associated with noise (partying, music,
yelling on the unit situated above the subject
premises
Existing use has seen up to 16 people stay on
the premises including in their cars in the
garage
Current point of contact has been ineffectual.
Currently using pool until 1 or 2 am and
creating a mess
Currently being used for short-term which has
resulted in damage to property and littering
Sunshine Beach is becoming overcrowded
Page 69 of 105
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Matters Raised Comments
Car parking It is noted that the proposal complies with car parking
Car parking – at times the existing use has requirements under Noosa Plan 2020. Issues
resulted in up to 4 cars and a jet ski on site. associated with how the cars are parked on site may
require resolution via the body corporate.
5 CONCLUSION & REASONS FOR DECISION
The application seeks to use one of the dwelling units associated with a duplex development,
situated within the High Density Residential Zone, for the purpose of short-term accommodation.
Preservation of high density residential neighbourhoods for predominantly permanent residential
dwellings is a key priority of the planning scheme. The scheme also seeks to protect the amenity
of surrounding residential areas from the impacts of short-term accommodation.
Noting that short-term accommodation is a consistent use within the high density residential zone,
the subject site is located within an area that it is not predominantly home to permanent residents,
with many properties being used for visitor accommodation and/or properties permitted for visitor
accommodation and therefore does not comply with a number of provisions of Noosa Plan 2020.
There is no need for additional visitor accommodation in the area and the potential amenity impacts
resulting from the use of the subject site for the purpose of short term accommodation is likely to
further erode the residential amenity for permanent residents in the area. Accordingly, the
application is recommended for refusal.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
x
Design and Delivery
Page 70 of 105
Section 71
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
Attachment 1
Page 71 of 105
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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Page 72 of 105Section 73
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 JULY 2021
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Page 73 of 105The text continues on section 74.