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Decision Notice - MCU22 0181 [As Published]
Officer: Georgina Schramm
Direct Telephone: 07 5329 6569
Our Reference: MCU22/0181
Your Reference: n/a
16 January 2024
Mr C Friend, Ms L Friend
26 Kestrel Cres
PEREGIAN BEACH QLD 4573
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 12 January 2024, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0181
Street address: 26 Kestrel Crescent, Peregian Beach
Real property description: Lot 71 P 93124
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Home-based business (Home hosted
accommodation)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER 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.
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Plan No. Rev. Plan/Document Name Date
- - Photograph of Front Elevation, provided by 19.10.2022
Applicant (annotated by Council)
- - Lower Level Floor Plan, provided by 19.10.2022
Applicant (annotated by Council)
- - Mark-up of Rear Elevation, provided by 19.10.2022
Applicant (annotated by Council)
- - Mark-up of Rear Elevation, provided by 19.10.2022
Applicant (annotated by Council)
- - Mark-up of South Elevation, provided by 19.10.2022
Applicant (annotated by Council)
- - Mark-up of East Elevation, provided by 19.10.2022
Applicant (annotated by Council)
Currency Period
3. This development approval lapses if the use has not happened by 12 January 2030, unless
an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. Development is limited to Home-based Business (Home hosted accommodation), with the
total number of bedrooms available for guest accommodation not to exceed one (1), and the
total number of guests accommodated at any one time not to exceed two (2).
5. Guest accommodation must not be self-contained, with guests having only limited facilities
for preparing food and beverages including a small area with a kettle, toaster and bar fridge
to prepare hot beverages, light snacks or continental breakfast. A separate kitchen and
laundry are not provided for guests.
6. The kitchen shown on Lower Level Floor Plan, provided by Applicant, dated 19.10.2022 must
be removed or modified to only provide limited facilities for preparing food and beverages
should “bed 2” be utilised as Home hosted accommodation, as required by this Decision
Notice.
7. The approved use must be conducted by a permanent resident or residents of the dwelling
house, with the dwelling being the residents’ principal place of residence.
8. The approved use must not interfere with the amenity of the neighbourhood from the
operation of machinery or electrical equipment, or from light, vibration, smell, fumes, smoke,
vapour, steam, soot, ash, grit, oil, dust, wastewater, waste products, electrical interference
or other.
9. The total number of commercial deliveries or collections to the premises must not exceed 2
per day.
Amenity
10. All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm
each night.
11. 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.
12. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
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13. The operation of the approved use must be in accordance with Administration (Amendment)
Subordinate Local Law (No.1) 2021.
*Refer Advisory Note.
Car Parking
14. A minimum of 1 car parking space must be provided on site and made available and
accessible at all times for guests and not be provided in tandem. Vehicle manoeuvring areas
are provided on site in accordance with the Australian Standards for off-street car parking so
vehicles enter and leave the site in a forward gear.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Short Stay Letting
1. On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
hosted accommodation (bed and breakfast accommodation). The local law commenced on
1 February 2022. A one off application will need to be made, under the new local law, for all
existing and new properties operating short stay letting or home hosted accommodation,
unless identified as exempt.
For more information and application forms, please visit Council’s website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Advertising Devices
2. 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
3. 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
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
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11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
cc. Unitywater
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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