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Planning report 2021 other change
proposal report
development application
Development Application for an Other Change to Development Approval
MCU21/0027 and OPW21/0047 for Short Term Accommodation
over Lots 3 and 4 on RP72986 and located at 30 and 32 James Street,
Noosaville
Prepared For: HRS Developments Pty Ltd
Date: September 2021
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Martoo Consulting Pty Ltd
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T +61 7 5447 2550
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T +61 7 5482 7440
© Martoo Consulting Pty Ltd 2017
The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
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All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
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Contents
1.0 Summary ......................................................................................................................... 4
1.1 Development application details ............................................................................................. 4
1.2 Planning instrument details ..................................................................................................... 4
1.3 Referral agencies ..................................................................................................................... 4
2.0 Site details ....................................................................................................................... 5
2.1 Site description ....................................................................................................................... 5
2.2 Surrounding land uses ............................................................................................................. 7
3.0 Proposed development details ......................................................................................... 8
4.0 Development assessment ................................................................................................ 9
4.1 Other Change……………………………………………………………………………………..…………………………………….…9
4.2 Noosa Plan……………………………………………………………………………………………………………………………….… 9
5.0 State assessment and other matters .............................................................................. 13
5.1 State interests ....................................................................................................................... 13
6.0 Conclusion .................................................................................................................... 14
7.0 Attachments ................................................................................................................. 15
Attachment A – Approved Decision Notice MCU21/0027
Attachment B – Approved Plans MCU21/0027
Attachment C – Proposal Plans – Short Term unit 1
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1.0 Summary
1.1 Development application details
Proposed development: Multiple dwelling and Short Term Accommodation
Type of approval sought: Other Change to Development Permit MCU21/0027
Site address: 30 and 32 James Street Noosaville
Real property description: Lots 3 and 4 on RP72986
Site area: 1968m2 total site
Assessment manager: Noosa Council
Owner details: HRS Developments Pty Ltd
Applicant details: HRS Developments Pty Ltd
1.2 Planning instrument details
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
2014)
Designation: Urban Footprint
Planning scheme: Noosa Plan 2020
Zone: Medium Density Residential zone
Local plan: Noosaville Local Plan
Level of assessment: Impact
Applicable overlays: Land Subject to Acid Sulfate Soils
Flood Hazard
Applicable codes: The Noosa Plan 2020
1.3 Referral agencies
There are no applicable referral agencies for the proposal.
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2.0 Site details
2.1 Site description
The subject site comprises two rectangular lots located at 30 and 32 James Street, Noosaville and
described as Lots 4 and 5 on RP72986 Parish of Weyba (to be known as the site). The site is
relatively flat and is currently occupied by a unit complex known as Sandy Court Holiday Units. The
existing units are single storied and accessed by a central driveway that extends the full length of
the site. The units are landscaped with amenity landscaping which generally comprises palm
species and located around the periphery of the site.
The subject site is serviced by standard community infrastructure including reticulated water supply
and sewerage, underground telecommunications and overhead electricity supply, bitumen
roadways and kerb and channel.
Table 1: Site description
Site characteristic Description
Existing land use Unit complex known as Sandy Cove
Existing structures Single storey units and pool
Frontage and access Access from James Street.
Topography Site is relatively level.
Existing vegetation Vegetation on the site consists of a mixture of native and exotic species.
Existing The site is serviced standard infrastructure including water, sewerage electricity and
infrastructure stormwater.
Existing easements Nil.
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Figure 1: Location map location of site (source: Noosa Council Online Mapping)
Figure 2: Aerial photo of site (source: Noosa Council Online Mapping 2021)
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2.2 Surrounding Development
The site is located in the Noosaville locality, which has been developed for a mixture of duplex and
unit developments and residential dwellings as illustrated in the figures above. The existing uses
that immediately surround the subject site comprise the following:
Table 2: Surrounding development
Surrounding development
North Single storey dwelling and two storey unit complex
South Two storey unit complex
East Two storey unit complex – Mango Terrace and Bora Blue
West (opposite the site) Residential dwelling units and units
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3.0 Proposed development details
The applicant obtained approval in June 2021 to demolish the existing holiday units on the site and
construct a unit development of four dwelling units under MCU21/0027 and OPW21/0047.
Attachment A includes a copy of the approval and Attachment B a copy of the approved plans of
the development.
The development has proceeded to the next phase of design and development with the applicant
now seeking approval to change the approval to enable unit 1 at the front of the premises to be
utilised for short term accommodation. Unit 1 comprises 3 bedrooms and a maximum of 6 people
will be permitted. Attachment C includes plans of the proposal.
No changes are proposed to the approved plans with all parts of Unit 1 to be available for the
proposed use. The remaining three units are to be retained for permanent accommodation
The applicant advises that Unit 1 will:
Utilise a local property manager to oversee letting, management and maintenance of the
premises.
Prepare a code of conduct and management agreement for all guests utilising the premises
for short term accommodation.
Require all guests to sign the agreement and terms of rental.
Ensure the double garage will be available for car parking for guests.
Provide designated bin areas on site for the use.
Ensure that no events, weddings, parties or the like will occur on the premises.
In support of the proposal the following is noted:
No changes are proposed to the approved building.
The pool area and associated terrace area are located at the front of the site and are
appropriately screened to surrounding properties.
The property is proposed to be fully fenced and landscaped.
The adjoining premises to the east and south comprise unit developments.
The site has been used for holiday/short term accommodation.
The site is close proximity to the recreation areas of the Noosa River foreshore.
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4.0 Development Assessment
4.1 Other Change
Discussions with Council staff indicate that the proposed changes are considered to be an Other
Change. The Planning Act states that the local authority is to consider the following in assessing
and deciding other change applications:
82(2) For administering the change application, and assessing and deciding the change
application in the context of the development approval, the relevant provisions apply—
(a) as if—
(i) the responsible entity were the assessment manager; and
(ii) the change application were the original development application, with the changes
included, but was made when the change application was made; and
(b) with necessary changes
The proposed other change is assessed against the current Noosa Plan 2020 below.
4.2 Noosa Plan
The Noosa Plan 2020 defines Short term accommodation as:
a) means the use of premises for
i) providing accommodation of less than three (3) consecutive months to tourists or
travellers; or
ii) a manager’s residence, office, or recreation facilities for the exclusive use of guests,
if the use is ancillary to the use in subparagraph (i); but
b) does not include a hotel, nature-based tourism, resort complex or tourist park
The Noosa Plan includes the site in the Noosaville Local Plan and provides the site with a Medium
Density Residential zoning. The assessment table for the zone indicates that Short Term
Accommodation uses are impact assessable. Impact assessable applications are required to be
assessed against the entire scheme however, the most relevant Codes for assessment include:
Noosaville Local Plan Code
Medium Density Residential Zone Code
Visitor Accommodation Code
Works Code
Noosaville Local Plan Code
The proposal has been reviewed against the Noosaville Local Plan Code and is considered to
comply with the Purpose and Overall Outcomes of the Code which include:
(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.
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The use of one of the units on the site for short term accommodation provides visitor
accommodation for the area.
Medium Density Residential Zone Code
The proposal has been reviewed against the Medium Density Residential Zone Code and is
considered to comply with the Purpose and Overall Outcomes of the Code which include:
(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.
(c) Development makes a positive contribution to the look and feel of residential
neighbourhoods by maintaining a low scale character with well designed buildings and
landscaping that enhance the streetscape.
(d) New uses are located, designed and managed to be compatible with surrounding uses.
The short term accommodation use is proposed to be located in an approved two storey unit
development dwelling that complements the scale of development in the area.
It is noted that the outcomes of the zone also state:
a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
The subject site is in an area that comprises unit developments that are used for both permanent and
visitor accommodation. The use of the site for short term accommodation provides an alternative form of
accommodation for the area and is consistent with the intent of the zone.
The use of the subject site for visitor accommodation is not considered to prejudice the outcome of the
zone as there are still areas in the locality available for permanent accommodation within the area.
Further only one of the units on site will be used for short term accommodation with the remaining units
catering for permanent residents. It is noted that the existing site currently supports budget holiday
accommodation in the form of Sandy Court Holiday Apartments and therefore the development of the
site for a mix of visitor and permanent units increases the number of permanent units available in the
area.
A review of the most relevant sections of the code is detailed below:
Performance Outcomes Acceptable Outcomes Proposal Compliance
PO6 AO6.1
Visitor accommodation is limited Home-based businesses allow for up to Not applicable – not a traditional bed and breakfast - host not on
to formats compatible with the four short term guests to be
site.
character and use of the area so as accommodated within the home of the
not to cause unreasonable loss of host while the host remains in residence,
residential amenity, having regard such as traditional bed and breakfast
to: accommodation.
a) the privacy of residents AO6.2 Not a party house. Premises to be used for holiday rental and not
on the subject property or Short-term accommodation does not: to be rented out for parties. Dwelling unit comprises 3
adjoining properties; a) constitute a party house; bedrooms and one kitchen area.
b) any likely increase in b) create noise that would
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noise to adjoining properties; unreasonably impact on the The proposed pool area and terrace area is located at the front of
c) the scale of the use and residential amenity enjoyed by the the site away from noise sensitive areas of the adjoining site.
its compatibility with the adjoining or surrounding properties.
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 O6.3
amenity of the area; Buildings are designed and orientated so Refer above.
h) the location of waste that the majority of outdoor living areas
storage areas in relation to
face away from the habitable areas of
sensitive land uses; and
adjoining dwellings.
i) any impact on shared
vehicular access or parking
AO6.4
Waste storage areas are screened and Bin area located at rear of site.
located to the rear or side of
a building and are not located along
any frontage to a public street or space.
Visitor Accommodation Code
The proposal has been reviewed against the Visitor Accommodation Code with the relevant
Performance Outcomes addressed below:
Performance Outcomes Acceptable Outcomes Proposal Compliance
PO1 AO1.1 Proposed short term accommodation to be located in an existing
Visitor accommodation is Visitor accommodation is not located approved Multiple Dwelling and is well away from listed zones
located such that it avoids within: and uses.
conflicts with nearby land uses.
a) 150 metres of land within the Low
impact industry zone;
b) 200 metres of land within the Medium
impact industry zone;
c) the designated separation area of a
Key Resource Area;
d) 250 metres of an intensive animal
industry, intensive horticulture use
or rural industry; or
e) 100 metres of agricultural operations
on adjoining premises.
Editor’s Note— Key Resource Areas and
separation areas are shown on the Extractive
Resources Overlay Map
AO1.2 Complies – not within 100m
Visitor accommodation is not within 100
metres of an educational
establishment or childcare centre.
PO3 Proposed short term accommodation located in an approved Unit
Development has a scale and No acceptable outcome provided development which is of scale and density consistent with
density that is compatible with preferred character of the Noosaville area in which it is located.
the intent of the zone and the
preferred character for the local
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area in which it is located.
PO4 AO4.1 Not applicable
Visitor accommodation is Accommodation adjacent to or within 50
located such that it preserves metres of an existing
the safety of guests and does electricity substation incorporates noise
not impact on the function of attenuation measures to mitigate noise
infrastructure including: impacts.
a) the major road network; AO4.2 Not applicable
b) the North Coast railway Buildings and structures (including
line; swimming pools, sheds, tennis courts and
c) existing and future outbuildings) are not constructed under
electricity supply overhead electricity transmission lines, or
infrastructure; and within electricity easements.
d) water supply and waste
water treatment. AO4.3
Accommodation Not applicable
a) within a designated transport noise
corridor; or
b) within 100 metres of an existing
electricity substation—
I. incorporates noise attenuation
measures to mitigate noise
impacts and;
II. guests are not accommodated in
lightweight shelters (such as
tents, yurts, recreational
vehicles, or relocatable
dwellings).
Editor’s Note— The State Planning Policy
Interactive Mapping System can be used to
find out if a property is located in a
designated transport noise corridor or
close to electricity infrastructure.
AO4.4 Not applicable
Accommodation within a water catchment
area relies on minimal clearing of
natural vegetation, earthworks, and
movement of sediments or nutrients from
the site and any on-site disposal of effluent
is to a secondary treatment standard.
Editor’s Note— The water supply buffer
area is shown on the Regional
Infrastructure Overlay Maps.
AO4.5 Complies
Accommodation does not occur within 400
metres of a sewerage treatment plant.
PO22 No acceptable outcome provided Complies – Unit is self contained.
Except where in the form of a
serviced apartment
or hotel room the short term
accommodation use is provided
with sufficient kitchen, dining,
laundry and common room
facilities to accommodate the
needs of visitors and resident
staff.
PO25 No acceptable outcome provided Not applicable as not a single dwelling.
Short term accommodation in a
single dwelling 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:
a) the privacy of residents on
the subject property or
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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 impact on the safety
and efficiency of the local
road network;
f) the impact of waste
storage areas on the visual
amenity of the area or
sensitive land uses; and
g) any impact on shared
vehicular access or parking.
Driveways and Carparking Code
The Planning scheme details the following carparking requirements for short term accommodation:
dwellings—
ii) if not a small dwelling— two spaces; and
iii) one space per four dwellings.
The proposal provides a total of two spaces in the form of a double garage plus a visitor space that
is available for use by visitors to the site.
5.0 State assessment and other matters
5.1 State interests
The proposal is for an urban activity within the Urban Footprint, and is located outside the Koala
Assessable Development Area. The proposal is compliant with the relevant State Regulatory
Planning Provisions.
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6.0 Conclusion
The above development application has been submitted to the Noosa Council as the Assessment
Manager of the application under the Planning Act 2016. This application seeks an Other Change
to the Development Permit for a Material Change of Use of Premises to enable the premises to be
used for permanent and for Short Term Accommodation.
This application can be supported on a number of grounds as provided in detail in the above
report. These grounds include:
The Noosaville Local Plan Area details Noosaville as a major focus for visitor
accommodation.
The site is located in an area that contains a mix of visitor and permanent
accommodation;
The outdoor living area of the unit is located at the front of the site away from noise
sensitive areas on adjoining sites;
Carparking is available on site that supports the development;
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.
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7.0 Attachments
Attachment A - Approved Decision Notice MCU 21/0027
Attachment B - Approved Plans
Attachment C – Proposal Plans
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