Council Report MCU17 0563.02

MCU17/0563.02 & OPW17/0597.02 - OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL change OF USE FOR 2 X MULITPLE HOUSING TYPE 2 - DUPLEXES AND OPERATIONAL WORKS (ENGINEERING WORKS AND LANDSCAPING) to include SHORT TERM ACCOMMODATION AT 30 & 32 THE COCKLESHELL, NOOSAVILLE

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM / Applications / MCU170563.02/ OPW17/0597.02

Attachments	1. 	Approved Plans

APPLICATION DETAILS
Applicant	Mohammed Jamal Hussain Lucy Helen Randall Suzanne Maree Johnson Cole David Andrew Johnson
Proposal	Other Change to a Development Approval for a Material Change of Use for 2 x Multiple Housing - Type 2 Duplex and Operational Works (Access, Stormwater, and landscaping) to include Short-term accommodation
Properly Made Date	29 April 2021
Information Request Date	27 May 2021
Information Response Date	14 June 2021
Decision Due Date	16 September 2021
Number of Submissions	None received
PROPERTY DETAILS
Property Address	30 & 32 The Cockleshell Noosaville Qld 4566
RP Description	Lot 11 RP138550 Lot 0 BUP 6971
Land Area	602m² and 601.55m² (combined 1203m2)
Existing Use of Land	2 x duplexes over 2 lots
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Plan Area	Noosaville Local Plan
Overlays	Acid Sulfate Soils (5m AHD or below) Flood Hazard
Assessment Type	Other Change (Impact)
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 September 2021 regarding Application No. MCU17/0563.02 & OPW17/0597.02 for an Other Change to a Development Approval for a Material Change of Use for 2 x Multiple Housing - Type 2 Duplex and Operational Works (Access, Stormwater, and landscaping) to include Short-term accommodation situated at 30 & 32 The Cockleshell Noosaville and:
A.	Refuse the application for the following reasons:
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.
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:
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 under historical development approvals for visitor accommodation.
The proposal seeks to establish a new short-term visitor accommodation facility within 2 recently approved dual occupancies and is not located within a well-established resort or holiday units.
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:
Additional visitor accommodation in the area is likely to result in detrimental impacts on the residential amenity of permanent residents.
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.
The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code as:
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.
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
PROPOSAL
The applicant proposes an Other Change to the existing approval to utilise both approved duplexes for both permanent and/or short-term accommodation. No changes are proposed to the built form of the approved buildings, with all 4 x dwellings to be available for both short term accommodation and permanent accommodation.
The applicant advises that:
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.
All garages will be available for carparking for guests (1 x double garage per dwelling)
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 also advises:
3 bedrooms used per dwelling and therefore a maximum of 6 persons per dwelling (total 24 persons in 4 dwellings/over 2 lots).
Use of outdoor living areas and pool area to be limited to 9 pm and no use of the swimming pool after 8pm each night.
Approval for short term accommodation is sought for all units.
The outdoor areas of the front 2 dwellings front the street, while 1 of the rear dwellings outdoor space adjoins the car parking area of the District Centre zoned for commercial development. The other dwellings open space adjoins units at 33 Thomas Street, also located in the District Centre zone.
The property is proposed to be fully fenced and landscaped.
The locality plan, site plan, floor plan and elevations are provided below in Figures 1 – 4.

Figure 1 – Locality

Figure 2 – Site Plan and ground floor plan

Figure 3 – Upper Floor Plan

Figure 4 – Elevations
site details
Background
A development permit for a Material Change of Use for 2 x Multiple Housing - Type 2 Duplex and Operational Works (Access, Stormwater, and Landscaping) over 2 lots was issued on 4 June 2018.
A Minor Change application was approved on 27 August 2019. The change related to reducing the width of the stormwater easement which runs east to west across the common boundary of the adjoining 2 lots.
Site Description
Both lots are rectangular in shape and combined provide a square site. Each lot is provided with a vehicle access, centrally joined to a common driveway between the 2 duplexes. The land is generally flat and filled to meet minimum floor levels to address the site’s flooding. Two recently constructed duplexes exist on each site.
Surrounding Land Uses
North: 	Multiple dwellings directly adjoin the site, with The Islander Noosa Resort approximately 80m from the subject site
South:	Older style multiple dwellings which have use rights for both short term and long term accommodation
West:	Multiple dwellings (both short and long term accommodation) and at the end of Sylvia Street is Coral Beach Resort (approx. 150m from the subject site)
East:	The site directly adjoins the District Centre Health and Well Being Precinct where Short term accommodation is an inconsistent use in that zone. Further east is the Noosaville Homemakers centre, McDonalds, Villa Noosa Hotel and the shopping village (Woolworths)
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 an 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 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, as the zone is 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 historically mostly used by permanent residents.
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
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 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: 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; retention of the primary residential function 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; the location of waste storage areas in relation to sensitive land uses; and any impact on shared vehicular access or parking.	AO6.2 Short-term accommodation does not: constitute a party house; create noise that would unreasonably impact on the residential amenity enjoyed by the adjoining or surrounding properties.
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 (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
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.
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 Coral Beach Noosa Resort. There are numerous properties which are currently being used for short-term accommodation (refer to red dots in Figure 5 below) not in resort style facilities.  There are also numerous properties in the area which have a development approval which provides for the dwelling to be used interchangeably for permanent or short term accommodation, given the age of the surrounding multiple dwellings where the majority were approved prior to 2006.
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 the 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 and individual units located within the Medium Density Residential zone and in the surrounding area. The green dots are units in resort type complexes and the red dots are non-resorts.

Figure 5 – Short term accommodation
Noting that The Islander Noosa Resort (to the north of the subject site), while in close proximity, is within the Tourist Accommodation zone and not within the Medium Density Residential zone. Figure 6 below shows the surrounding zoning.

Figure 6- zone map
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Principal Strategic Planner, Strategic Planning
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
The application seeks to use 2 x duplexes (4 x dwelling units), 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 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
		x	Strategic Land Use Planning		Infrastructure Planning, Design and Delivery

[word/footer1.xml]
Page 11 of 11

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	07 SEPTEMBER 2021

[Attachment: image4.png (image text)]
 

 

 

 

 

 

RL 9.904m

 

 

 

ao

a0

 

Selected Lineaboard (Or similar) cladding

fixed to manufacturers cpecificaton

Select feature diveway entry
gate to manufacturers detail

x0,

a0

 

 

RL 9.904 m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image6.png (image text)]
Tourist Accom Apri 2020
Dweling House
@ Apartment
Duplex
@ Townhouse
@ Secondary = He
ter
@ More
Backpackers
@
@ RV Park

[Attachment: image7.png (image text)]
      
  
 
  
  
 
 
  
  

SO | Zones

Low Density Residentia!

 

Medium Density Residential
(CD Ml High Density Residential
Tourist Accommodation

OC Ml Mejor Cenvre

I District Centre

CO Mil Local Centre

0

 

Neighbourhood Centre