Council Report MCU20 0073.01

MCU20/0073.01 - Other Change to a Development approval A MATERIAL change OF USE for Multiple Housing, to include Short Term Accommodation, situated at 13 & 15 PARK CRESCENT SUNSHINE BEACHD

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development

Index	ECM / Applications / MCU20/0073.01

Attachments	Nil

APPLICATION DETAILS
Applicant	Mark Charles Bain
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	25 August 2021
Information Request Date	13 September 2021
Information Response Date	15 September 2021
Decision Due Date	16 December 2021
Number of Submissions	Nil
PROPERTY DETAILS
Property Address	13-15 Park Cres Sunshine Beach
RP Description	BUP4161 and Lot 1, Lot 2 and Lot 3 on BUP4161 and Lot 447 on RP48112
Land Area	13 Park Crescent – 610m2 15 Park Crescent – 509m2
Existing Use of Land	13 Park Crescent – multiple dwelling (3 units) 15 Park Crescent – dwelling house
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	High Density Residential
Precinct	Not applicable
Local Plan Area	Coastal Communities
Overlays	Landslide Hazard
Assessment Type	Other Change to Approval – Impact Assessable
EXECUTIVE SUMMARY
The proposal seeks approval for 4 approved multiple dwelling units to be used for Short term accommodation to accommodate up to 24 people.
The application is recommended for refusal as the proposal will further erode the permanent housing in the area and there is no need for additional accommodation for visitors to the area.  The proposal is contrary to the scheme’s requirements to maintain the area as predominantly home to permanent residents, and the use is not proposed within a well-established resort or holiday units which has the potential to impact on the amenity of permanent residents.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 December 2021 regarding Application No. MCU20/0073.01 for an Other Change to a Material Change of Use Multiple Housing to include Short Term Accommodation, situated at 13 & 15 Park Cres 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 6.3.3.2 Purpose and Overall Outcomes (2)(a) and (j) of the High Density Residential Zone Code as:
The proposal seeks to establish a new short-term visitor accommodation facility within residential dwellings, and not located within a well-established resort or holiday units.
There are a number of sites advertised as being available for visitor accommodation in the immediate neighbourhood and zoned high density residential.
3.	The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcomes (2) (v)(iii) and Performance Outcomes PO2 of the Coastal Communities Local Plan Code as:
The extent of visitor accommodation has started to erode the available supply of permanent housing in the local plan area.
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) (e) & (f) of the Visitor Accommodation Code as:
The proposed short term accommodation will not integrate well into the area given the extent of visitor accommodation in the area.
The proposed visitor accommodation is likely to detract from the amenity enjoyed by residents given resident’s reasonable expectations for the area.
5.	The proposal does not comply with Performance outcome PO3 (a) and (b) of the High Density Residential zone code as there is the potential to overlook the private open space of neighbouring properties from all balconies and unreasonably impact on the amenity of those residents.
6.	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
PROPOSAL
The applicant proposes an Other Change to the existing approval to utilise the approved multiple dwellings (4 dwelling units) for both permanent and/or short-term accommodation. No changes are proposed to the built form of the approved building. The approved multiple dwelling (not yet constructed) comprises a 3 storey building plus basement parking. The Ground Floor contains two dwellings, each containing three bedrooms and three bathrooms, a study, and an open kitchen, dining and living area. The First Floor and Second Floor both contain one dwelling each, each containing three bedrooms, four bathrooms, a study, and an open kitchen, dining and living area. Each of the dwellings includes outdoor private space, comprised of a deck and swimming pool. The development includes a shared basement, including 4 two car garages, two visitor car parks, three storage areas, and a bin storage. The development also includes a shared lift and stairwell, accessible from each level.
The applicant advises the following with regard to the short term use:
Maximum of 2 guests per bedrooms.
A local property manager 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 an allotted timeframe. • Onsite car parking is available for guests.
No parties or events are to occur on the premises.
Restrict the use of outdoor areas after 9pm.
The following Figures 1 – 4 provide a locality plan, site plan, floor plans and elevations.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Basement Floor Plan

Figure 4 – Ground Floor Plan

Figure 5 – First Floor plan

Figure 6 – Second floor plan

Figure 7 – East Elevation
site details
Background
On 7th December 2020, a Material Change of Use was approved for 4 x 3 bedroom multiple dwelling units. The buildings as approved has not been constructed. The applicant has indicated construction will commence early 2022.
An Information request was issued to the applicant on 13 September 2021. The letter advised that Council officers were not supportive of the proposal and the applicant had an option to withdraw the application or continue with the application process. The following is a summary of the issues raised to provide an opportunity for the applicant to address:
Number of guests expected, acknowledging that the units are capable of accommodating up to 24 people given the number of bedrooms;
Balconies overlook adjoining property and how this will be managed.
The applicant advised the expected numbers were 24 people and that given the balconies faced east (towards the ocean), there are no privacy issues associated with the proposed use.
Site Description
The subject site comprises of 2 existing lots, with 13 Park Crescent currently containing a multiple dwelling (3 dwellings) and 15 Park Crescent containing a dwelling house. Both buildings will be demolished and replaced by the proposed development. The site slopes from the north western boundary down to the south eastern boundary.
Surrounding Land Uses
The subject site is located in a residential area, comprised of a mix of dwelling houses, dual occupancies and multiple dwellings. The site is within the High Density Residential zone and is adjoined by a dual occupancy and multiple dwelling to the rear. The eastern side of Park Crescent opposite the subject site is comprised of dwelling houses, which directly adjoin the dunes.

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
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 urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Coastal Communities Local Plan Code
High Density Residential Zone Code
Visitor Accommodation Code
Works Codes
The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Coastal Communities Locality 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.
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 specifically sought by The Noosa Plan 2020, apart from some key identified sites and areas zoned Tourist Accommodation, and the strategic outcomes instead seek to protect identified areas for visitor accommodation and neighbourhoods of permanent housing from short-term visitor accommodation.
Code Provisions
The High 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. Residential 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 the differences between the local areas and community preferences.
The relevant provisions are:
Coastal Communities Local Plan Code
7.2.6.2	Purpose and Overall Outcomes
Development in Sunshine Beach –
(v)	(i) provides housing, multi-unit accommodation and small scale retail, commercial and dining uses in a secluded vegetated, beachside setting;
(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 to be located in areas which are predominantly permanent residential dwellings.
High Density Residential Zone Code
Purpose and Overall Outcomes
The purpose of the High density residential zone is to provide for
high density multiple dwellings; and
community uses, and small-scale services, facilities and infrastructure, to support local residents
(j)   	Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
Development maintains a high level of residential amenity having regard to traffic, noise, dust, odour, lighting and other locally specific impacts.

6.3.3.3	Assessment Criteria
Role and function
PO3 Land uses including short-term accommodation are limited to those which are compatible with high density living in urban neighbourhoods and do not cause unreasonable loss of amenity, having regard to: the privacy of residents on the subject property or adjoining properties; any likely increase in noise to adjoining properties; the scale of the use and its compatibility with the character and uses within the property or surrounding area; of an area; the residential function and arrangement of common property; the impact on the safety and efficiency of the local road network; the impact of waste storage areas on the visual amenity of the area or sensitive land uses; the location of the waste storage in relation to sensitive land use	AO3.1 Land uses do not typically rely on people other than residents of the site to be present on the site between the hours of  7:00pm and 7:00am.  AO3.2 Well established visitor accommodation including resort complexes and short-term accommodation is scattered amongst permanent residents.  AO3.3 Buildings are designed and orientated so that the majority of outdoor living areas face away from the habitable areas of adjoining dwellings.  AO3.4 Waste storage areas are screened and located to the rear or side of a building and are not located along any frontage to a public street or space.  AO3.5 Short-term accommodation does not: constitute a party house; and create noise which would unreasonably impact on the residential amenity enjoyed by the adjoining or surrounding properties.
Visitor Accommodation Code
9.3.5.2	Purpose and Overall Outcomes
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.
The overall outcomes sought for the Visitor Accommodation Code are:
Visitor accommodation is compatible with and benefits from Noosa Shire’s natural environmental values.
Visitor accommodation offers a wide range of experiences for guests both in coastal areas and in the hinterland.
Visitor accommodation is located and designed in a manner which sensitively responds to site characteristics.
Visitor accommodation does not detrimentally impact upon the biodiversity and natural landscape values of its setting.
The density and design of visitor accommodation integrates with the urban or landscape fabric of its particular locality.
Visitor accommodation located near permanent residents does not detract from the amenity enjoyed by residents.
Visitor accommodation does not impact on the ability of rural land owners to carry out agricultural pursuits.
Visitor accommodation provides high quality amenities and facilities commensurate with its setting, the types of accommodation supplied and the length of stay accommodated.
Visitor accommodation forms a key element of the local tourism industry.
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.
While short term accommodation is identified as a consistent use in the High Density Residential zone, 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.
The planning scheme prioritises the retention of the primary residential function and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation. A 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 high and medium density residential.  Figure 8 shows the High Density Residential zone neighbourhood.

Figure 8 – High Density Residential zone
The proposal is for the use to be established within new dwellings (once constructed), which does not comply with the Purpose and Overall Outcome (j) of the High Density Residential Zone Code, which seeks to ensure Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
The proposal also does not comply with the Purpose and Overall Outcome (2) (v) (iii) of the Coastal Communities Local Plan Code, as the short term accommodation use has the potential to impact on the amenity of the surrounding permanent residents, and the proposal will further erode the supply of permanent housing in the local plan area.
The proposal is also not consistent with Purpose and Overall Outcomes (1) and (2) (e) and (f) of the Visitor Accommodation Code, as the proposed visitor accommodation is not well integrated with the surrounding area, given the extent of visitor accommodation and therefore will detract from permanent residents’ amenity. The applicant advises that a maximum of 2 people per bedroom, and with 3 bedrooms in 4 units, which equates to 24 people on site for the short term accommodation use.
Figure 9 shows the extent of existing Short term accommodation (April 2020) identified with dots. 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. Further, the applicant has not provided any material to demonstrate there is a need for further short term accommodation.

Figure 9 - Short Term Accommodation

Visitor accommodation can impact significantly on resident’s amenity as evidenced by the submissions received from residents and complaints received by Council generally.
The proposal will contribute to the proliferation of short term accommodation in the area and erode the dwelling units available for permanent residents.  Based on the Tourism accommodation carrying capacity data April 2020, 28% of residential dwellings in Sunshine Beach, including houses and units were in use as Short Term Accommodation. The extent of short term accommodation in the coastal areas of Noosa is contributing to the housing crisis currently being experienced, adversely impacting the supply of housing when there is no demonstrated need for additional visitor accommodation.
Amenity
Performance Outcome P03 (a) & (b) is relevant to this assessment and is provided below.
PO3
Land uses including short-term accommodation are limited to those which are compatible with high density living in urban neighbourhoods and do not cause unreasonable loss of amenity, having regard to:
the privacy of residents on the subject property or adjoining properties;
any likely increase in noise to adjoining properties;
Performance Outcome PO3 (a) seeks to that uses do not unreasonably impact on the privacy of neighbouring properties.
The yet to be constructed building has balconies on all levels that wrap around the building which have views to the east, north and south where numerous neighbouring dwellings exist. Refer Figure 7 – east elevation.  It is acknowledged that although the building has been approved for residential living, there are additional impacts associated with a short term accommodation use which impacts on surrounding residents.  The applicant was asked to demonstrate how impacts of overlooking could be managed, but the applicant did not offer any solutions.
Accordingly, it is considered that the proposal does not comply with PO3.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
The application was publicly notified for sixteen (16) business days in accordance with the Planning Act 2016. No submissions were received.
conclusion & REASONS FOR DECISION
The application seeks to use 4 units, situated within the High Density Residential Zone, for the purpose of short-term accommodation. The planning scheme seeks to prioritise the preservation of high 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 area already accommodates a significant number of dwellings being used for short term accommodation and the proposal will further erode the supply of dwellings for permanent residents. This is of great concern given the current housing crisis, including lack of supply of housing and additional accommodation for visitors to the area is not needed. 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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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 DECEMBER 2021

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