Delegated Report - Impact - Planning MCU21 0201 · MCU21/0201

Author	Consultant Planner
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0201
Applicant	JVL Investment Group
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	19 November 2021
Information Request Date	17 December 2021
Information Response Date	20 April 2022
Decision Due Date	27 September 2022
Report Completed Date	27 September 2022
Number of Submissions	4 properly made, 1 not properly made

PROPERTY DETAILS
Property Address	9 & 11-19 Hastings St Noosa Heads Qld 4567
RP Description	Lot 4 RP 893438 Lot 2 SP 263999
Land Area	400m²
Existing Use of Land	Commercial & Resort

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Accommodation Zone
Precinct	Hastings Street Mixed Use Precinct
Overlays	Flood Hazard Overlay Landslide Hazard Area Overlay
Assessment Type	Impact

PROPOSAL
The application seeks approval for a Material Change of Use - Short-term Accommodation (3 Units) at 9 Hastings St. A covered pedestrian walk is proposed to link with the neighbouring Seahaven development at 11-19 Hastings St and consequently the application is made across both sites.
The application relates to an existing two storey commercial building located at 9 Hastings Street, Noosa Heads (refer to Figure 1). The applicant proposes intensification of the existing building via the inclusion of an additional storey (3 storey building). The ground floor would continue to be used for commercial/business purposes, while level one would be converted to accommodate two new units intended for Short Term Accommodation. A further residential unit would be located on level two which is also proposed to be used for Short Term Accommodation.
The existing building has a total Gross Floor Area (GFA) of 586m2 (276m2 at ground floor and 310m2 on level 1).
The proposed development would increase total GFA to 719m2 (276m2 at ground floor, 263m2 on level 1 and 180m2 on new level 2).
Unit 1 and 2 would comprise of self-contained three-bedroom units with large outdoor recreational areas addressing Hastings Street. Unit 3 is a four-bedroom unit and contained living, kitchen and dining area and also contains a large outdoor terrace oriented towards Hastings Street.
The application does not propose any additional ground floor landscaping and no further car parking is proposed on the basis that the new development would trigger less spaces to that of the existing development and there remains sufficient parking credits to service the new development.
A copy of the existing layout and proposed development is provided below. A site plan and zoning plan is also included.

Figure 1 – Site Plan

Figure 2 – Zoning Plan

Figure 3 – Site Plan (Existing)

Figure 4 – Elevation Plan (Existing)

Figure 5 – Ground Floor (proposed)

Figure 6 – Level 1 (proposed)

Figure 7 – Level 2 (proposed)

Figure 8 – Elevation (proposed)

site details
Background
TPC 2577
Currently existing at 11-19 Hastings Street is the wider Seahaven Resort. Multiple development approval exists over the site which results in the current built form, notably TPC 2577 issued by Council on 5 November 1991.
The approval permits Multiple Dwelling (12 Units), Accommodation building (4 Units) and addition to existing Multiple Dwelling units, Central Management areas, Shop & Restaurant. Since the establishment of the above use, various town planning and building works approvals have been issued that contribute to minor modifications to the original built form.
Over 9 Hastings Street, Noosa Heads is an existing 2 storey building associated with the Seahaven Resort. Multiple development approvals exist over the site which result in the current built form, notably the following:
Table 1 – 9 Hastings St Approvals
June 1984	Conversion of premises to Refreshment Service (Restaurant)	TPC 1676
29/04/1986	Commercial Premises	TPC 1798
20/11/1991	Reconfiguration of Lot – 1 to 2	S 2596
5/11/1993	Alteration & increase in floor area of existing shops, professional offices and commercial services	TPC 2576
21/04/1994	Extension to existing Restaurant by an Outdoor Dining Area	TPC 2684
Site Description
The site has a frontage of approximately 93m to Hastings Street. The subject site is generally flat and has a gentle uphill slope from south to north of approximately 3m. There are no easements affecting the site.

There are existing retail uses fronting Hastings Street, with the larger adjoining site being the Seahaven Resort, providing tourist accommodation.
Surrounding Land Uses
Development surrounding the site is used predominantly tourist accommodations and retail activities at the street level. Access is provided via Hastings Street.
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Tourist Accommodation Zone Code
Noosa Heads Local Plan Code
Visitor Accommodation Code
Works Codes
Flood Hazard Overlay Code
Landslide Hazard Overlay Code
The subject site is located in the Noosa Heads Locality and is zoned Tourist Accommodation. The proposed use is identified as consistent use with the zone and is required to follow an impact assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site	4718.57m2 (400m2 + 4318.48m2)
Plot ratio	1.12:1 max / 5284.79m2	4385.17m2 (719m2 + existing 3666.17m2)/1.93.1	
Site cover	45% max/2123.35m2	New lift and link to resort 16 m2 < 45%	
Building height storeys metres	2 storeys max (within 6m from road) 3 storeys max (outside 6m alignment) 6 metres (within 7m alignment with Hastings St) 15 metres (outside 7m alignment with Hastings Street)	2 storeys 3 storeys 8.1m (top of balustrade) 11.1m (top of unit 3)	X
Boundary setbacks Frontage (Hastings)	2m minimum + average of 4m for ground floor and level 1 7m for 3rd storey	Exists and consistent with existing built form. 7m to proposed 3rd storey.	X
Carparking	Approved at 54 covered	No additional parking demand	
Ratio units: shops (Hastings Street Mixed Use Precinct)	20:1 max	3:1	
Short-term Accommodation
The Noosa Plan 2020 requires Short-term visitor Accommodation uses to follow the impact assessable development process where located within the Hastings Street Mixed Use Precinct. The relevant provisions associated with the proposed use in the Tourist Accommodation Zone and the Noosa Heads Locality Code (Hastings Mixed Use Precinct) is provided below:
Tourist Accommodation Zone
The purpose of the Tourist accommodation zone is to provide for:
short-term accommodation; and
community uses, and small-scale services, facilities and infrastructure, to support short-term accommodation and tourist attractions.

The overall outcomes sought for the Tourist accommodation zone are as follows:
Development provides for a mix of medium to high density visitor accommodation in the form of resorts, hotels and short-term accommodation such as hostels and self-contained holiday units.
Visitor accommodation in the urban areas is supported by a mix of business activities which create a vibrant atmosphere and complement and enhance the function and attractiveness of the area as a visitor destination. Cafes, restaurants, entertainment, function facilities and complementary shopping and personal services cater to the needs of visitors as well as Noosa Shire residents enjoying these areas.
Business activities are ancillary to visitor accommodation and should be of a nature and scale compatible with the mixed-use character and coastal amenity of the area and not compromise the viability of the Noosa Shire centres hierarchy by introducing activities at a scale that should be accommodated within a centre. No business uses are appropriate on 215 David Low Way, Peregian Beach.
Development contributes to the economy of the Shire through the tourism and hospitality sectors and integrates with nearby public recreation and open space, promoting low impact nature and water-based recreation activities.

Hastings Street Mixed Use Precinct
The purpose of the zone will also be advanced through the following additional outcomes of the Hastings Street mixed use precinct:
Development in the Hastings Street mixed use precinct is consistent with the existing built form and the particular mix of accommodation, dining, retail and other entertainment and services that have created such a vibrant and successful centre dominated by independently operated local businesses.
Because Hastings Street has more intensive building forms than other areas within the Tourist accommodation zone, the protection of character, retention of existing trees and built form presentation to any public spaces about the site, including beaches and other waterways and parks, is of particular significance.
The Hastings Street mixed use precinct is identified as a destination suitable for much day time and night time activity including cafes, restaurants, bars and entertainment uses which generate late night noise.
Noosa Heads Local Plan Code
The following overall outcomes apply to the Noosa Heads local plan area:
Noosa Heads is the principal focus for visitor accommodation and services in Noosa Shire as demonstrated by:
Hastings Street serving as a major visitor centre; and
Resorts located at Morwong Drive, Noosa Drive, Quamby Place, Serenity Close, Sanctuary Drive, Little Cove, Noosa Hill, Noosa Springs and Noosa Sound.
Development in the Tourist accommodation zone is for visitor accommodation and associated uses that serve visitors concentrated in areas close to Hastings Street and Noosa River and in designated resorts.
Hastings Street maintains its character as a vibrant, contemporary and pedestrian-friendly centre for visitors and locals.
A variety of high-end visitor accommodation, retailing and dining uses incorporate indoor/outdoor spaces creating active frontages from early morning to late evening.
It is considered that the proposed development remains consistent with the Tourist Accommodation Zone Code and the Noosa Heads Local Plan code which seeks to establish and consolidate short term visitor accommodation within the Hastings Street Mixed Use Precinct. The development would retain the existing commercial activity at the ground level and provide visitor accommodation on level 1 and 2.
The use achieves the intent and outcomes of the Tourist Accommodation Zone Code and the Noosa Heads Local Plan code.
Building Height
Where located within 7m of Hastings Street Road alignment, the Tourist Accommodation Zone Code requires development to achieve a maximum building height of 6.0m. The code regulates building height where fronting Hastings Street to ensure buildings and structures:
are low rise and present a building height consistent with structures on adjoining and surrounding premises;
do not visually dominate the street or surrounding areas;
preserve the amenity of surrounding premises including privacy, views and access to sunlight; and
respect the scale of any nearby vegetation, retaining a vegetated skyline.
The existing building is built to boundary and achieves a vertical height of up to 7.45m.  The proposed development would achieve a building height of 7.1m (floor level of Level 3 terrace within the 7 m setback).  It is considered the proposal meets the overall outcomes and remains consistent with the existing built form in terms of scale, bulk and appearance.  Refer Figure 9 below.
The front façade of the proposed building is considered consistent with development on the northern side of Hastings Street.

Figure 9 – existing and proposed height and setback
Building Setback
Where located on the northern side of Hastings Street, the Tourist Accommodation Zone Code requires development to achieve a minimum front boundary setback of 2m + average of 4m (for ground and level 1). The code requires a minimum setback of 7m for the 3rd storey.
The minimum setback is required to ensure buildings and other structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
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;
be consistent with the predominant character of the surrounding area, maintaining the visual continuity and pattern of buildings and landscape elements within the street; and
protect the natural character and avoid adverse impacts on ecologically important areas such as the beach, Noosa River, national parks and other parklands.
The proposed development would retain the existing building setback at ground floor (average of 2.2m setback). Level 1 balcony/outdoor recreational areas are proposed on the boundary as this currently exists and a setback of 3.4m is achieved to Unit 1 and 2 wall.
The proposed outcome remains generally consistent with the existing built form where level 1 currently achieves a 0.0m front boundary setback. The proposed development would not unreasonably increase the overall bulk and scale to what currently exists on the site.
A zero-boundary setback is also proposed to the balustrading of the balcony/outdoor recreational area of unit 3 with the building wall achieving a compliant setback of 7.0m. The only area of encroachment is limited to the balcony/balustrading which is not proposed to be enclosed and would remain open. Conditions of approval are recommended accordingly.
Noting the existing built form, it is considered that the proposed development remains consistent in terms of bulk and scale where presenting to Hastings Street. The proposed additional storey achieves a compliant setback of 7.0m (to wall) and raises no concern.
Car Parking
The parking demand generated by the existing development and proposed development is summarised below in Table 2. Based on the rates required by the Driveways and parking code, the proposed development results in a reduced car parking demand to that of the existing development. This is due to the significant reduction in commercial floor space which attracts a higher parking demand to that of the short-term accommodation use.
Existing Development
Use	Gross Floor Area	Parking Rate	Total Required
Shop	Ground Floor: 276m2 Level 1: 310m2 Total 586m2	1 space per 20m2	29.3 spaces
Proposed Development
Shop	Ground Floor: 276m2 Total 276m2	1 space per 20m2	13.8 spaces
Residential	2 x 3 bedroom unit 1 x 4 bedroom unit	2 space per unit + 1 visitor	7 spaces
			TOTAL: 20.8 spaces

Flood Hazard Overlay Code
The Flood Hazard Overlay Code, specifically Acceptable Outcome AO1 of the code, requires that development provides for all flood events up to and include the Defined Flood Event. The minimum standard is required to ensure new development provides for the safety of people on the site and that the risk of damage to property on the site is avoided or minimised as far as practicable.
The proposed development does not provide for additional development at ground floor. Additional development is provided above the Defined Floor Event and therefore the proposal complies with the overlay code.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
Not applicable.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016.  properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Construction of the development would impact amenity of the area.	This is not a planning consideration and construction of any development typically does create nuisance until such time that works are completed. To assist in addressing nuisance, the developer is required to submit a Construction Management Plan prior to the commencement of works.
The development creates additional parking demand.	The proposed development reduces the extent of commercial space which reduces parking demand as per the assessment above.
Development does not comply with setbacks.	The existing building does not achieve minimum setbacks and it is considered that the proposed development maintains an alignment consistent with the existing building. The proposed additional works (3rd storey) achieve compliance with minimum setbacks.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0201 for a Material Change of Use - Short-term accommodation situated at 9 & 11-19 Hastings St Noosa Heads and described as Lot 4 RP 893438 & Lot 2 SP 263999, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0201
Street address:	9 & 11-19 Hastings St Noosa Heads Qld 4567
Real property description:	Lot 4 RP 893438, Lot 2 SP 263999
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Short-term Accommodation (3 Units)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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
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
SK101	4	Ground Floor Plan – Proposed, prepared by Clements Clarke	-
SK102	5	Level 1 Floor Plan – Proposed, prepared by Clements Clarke	-
SK103	7	Level 2 Floor Plan – Proposed, prepared by Clements Clarke	-
SK104	4	Roof Plan – Proposed, prepared by Clements Clarke	-
SK105	5	Elevations – Proposed, prepared by Clements Clarke	-
SK106	5	Elevations – Proposed, prepared by Clements Clarke	-
SK107	6	Section Plan, prepared by Clements Clarke	-
Currency Period
This development approval lapses if the use has not happened by 27 September 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed a maximum height of RL13.25.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Nature and Extent of Approved Use
Three accommodation units are approved for short term visitors only. The approved units must not be occupied by persons for the purpose of permanent accommodation, excluding those persons in a manager's residence for the premises.  The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
The total number of bedrooms must not exceed that as shown on the approved plans.
The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
The use must be operated in accordance with the Local Law requirements for Short term letting at all times.
Non-residential uses on the premises must not operate outside the hours of:
6am to 10pm Sunday to Thursday and public holidays
6am to 12:00 midnight Friday and Saturday
The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Service vehicle movements associated with non-residential uses on the premises (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice.
The terrace on the 3rd storey within 7 metres of the front boundary must remain unroofed and unenclosed and free of fixed structures.
Balustrading on the 3rd storey must remain transparent (i.e. glass).
All building additions and materials must remain consistent with the character and architecture of the existing building. The new works must visually complement the existing building.
Clothes Drying Areas
Each accommodation unit must be provided with access to an outdoor clothes line which is screened from public view and not to be located within the front setback to Hastings St.
Street Identification
The building entrance or reception area must be clearly visible and identifiable from the street or otherwise provided with signage and lighting at strategic locations to direct people to the building entrance.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Construction Management Plan
A Construction Management Plan must be submitted to Council prior to the pre-start meeting and must specifically address the following:
Traffic Management during all aspects of the construct phase including:
A Traffic Management Control Plan in accordance with Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
Maintenance of safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased
Proposed fencing to the site during the construction phase of the development
Adequate parking arrangements for construction workers
No queuing of trucks is permitted on Hastings Street, especially prior to 7.00am. Further parked trucks must have engines turned off
Maintenance and protection of water quality and existing drainage lines through the construction site through the implementation of appropriate erosion and sediment control measures
Works programme identifying key components of the works and their respective durations
Establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic and services and other relevant issues
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
property notes
Not applicable
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
submissions
There were 4 properly made and 1 not properly made submissions about the application. In accordance with Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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