Delegated Report - Code - Planning MCU21 0039

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0039
Applicant	Kelly Martin and Ken Makinson, Gillian Clare Knight and Lois Leigh Kuenkel
Proposal	Material Change of Use - Multiple dwelling (3 dwellings)
Properly Made Date	9 March 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	17 May 2021
Report Completed Date	14 May 2021
Report Reviewed By	Patrick Murphy – 14 May 2021

PROPERTY DETAILS
Property Address	Yallambee 11/219 Weyba Road, Noosaville 12/219 Weyba Road, Noosaville 13/219 Weyba Road, Noosaville
RP Description	Lot 11 on BUP5601; Lot 12 on BUP5601; and Lot 13 on BUP5601
Land Area	Lot 11 - 77.0m² Lot 12 - 91.0m² Lot 13 - 87.0m²
Existing Use of Land	Multiple dwellings (short term accommodation)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils (5m AHD or below) Flood Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Multiple dwelling (3 dwellings). The proposal is to change the use of three of the existing approved 13 Accommodation Units to Multiple dwellings, that being from short-term accommodation only to permanent residential use only. No changes to built form are proposed as part of the application.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan (Lots 11, 12 and 13)

Figure 3 – Floor Plan

Figure 4 – Units 11, 12 and 13/219 Weyba Road
site details
Background
A Town Planning Consent (TPC961) for 13 Accommodation Units was approved on 21 November 1979. Under the 1973 Planning Scheme, Accommodation Units were defined as:
Any land, building or other structure used or intended for use as a boarding house, guest house, hostel, unlicensed hotel, old people’s home, services rooms, motel or residential club, but does not include a caretaker’s residence, dwelling hours or multiple dwelling.
As such, the approval allowed for short-term accommodation uses only.
Site Description
The subject site is a 782m2 lot, containing the existing Noosa Yallambee Holiday Apartments, which includes 13 accommodation units. The site has dual road frontage, to both Weyba Road and Nannygai Street, and is adjacent to Lake Weyba.
Surrounding Land Uses
The subject site is located in a medium density residential zone and is surrounded by a mix of development, including multiple dwellings, dual occupancies and dwelling houses.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Code;
Works Codes.
The subject site is located in Noosaville and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process. The proposal has been found to generally comply with all applicable statutory instruments.
Multiple Dwelling Use
The application is proposed to be entirely within an existing Accommodation Unit, with no changes to the existing built form proposed. The 3 dwellings subject to this application are located at the rear of the site, on the Nannygai Street frontage. Nannygai Street is predominatly residential in nature, with a number of short-term accommodation uses within proximity. The change of use from short-term to permanent residential is consistent with dwellings in this location.
It is noted that the change of use to permanent residential on a site containing existing short-term accommodation may result in ‘reverse amenity’ issues, as permanent residents generally require a different level of amenity within a dwelling than short-term residents. The short-term accommodation component of the site does include an onsite Manager, therefore any issues relating to the short-term accommodation use are likely to be mitigated and/or dealt with by the Manager. It is also noted that prior to the Noosa Plan 2006 commencing, multiple dwelling developments were permitted to be utilised interchangeably as either short-term or permanent, and as such, the mix of uses within the one development is not unique to this site and have been sufficiently managed in the past in terms of amenity.
Carparking
The original TPC961 for 13 Accommodation Units conditioned 13 covered carparks and four visitor spaces. It is noted that a site inspection carried out on 7 May 2020 indicates that 14 covered carparks and one informal/unmarked carpark (refer to Figures 5 and 6) are available on site, contrary to the existing approval.

Figure 5: Approximate location of informal/unmarked carpark

Figure 6: Informal/unmarked carpark
The three dwellings subject to this application are all less than 100m2 gross floor area, and as such require one covered carpark per dwelling and one visitor space per four dwellings under Noosa Plan 2020. Therefore, a total of 4 spaces are required to be provided on site for this proposal.
Under Noosa Plan 2020, the existing short-term accommodation units require one space per dwelling, plus one space per four dwellings. As such, the remaining 10 short-term accommodation units are required to provide 12.5 on site carparks under Noosa Plan 2020.
As such, the total carparks required on site for the entire development remains at 17, with no additional spaces required as part of this development. The four parks required for the multiple dwellings subject to this application will be conditioned accordingly.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU21/0039 for a Material Change of Use - Multiple dwelling (3 dwellings) situated at Yallambee 11/219, 12/219 and 13/219 Weyba Road, Noosaville Qld 4566 and described as Lot 11, Lot 12 and Lot 13 on BUP5601, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0039
Street address:	Yallambee 11/219 Weyba Road, Noosaville 12/219 Weyba Road, Noosaville 13/219 Weyba Road, Noosaville
Real property description:	Lot 11 on BUP5601, Lot 12 on BUP5601 and Lot 13 on BUP5601
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 - Multiple dwelling (3 dwellings)
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
		Upper Floor Plan Unit 6 - 12	Received by Council on 11.03.2021
Nature and Extent of Approved Use
The approved Multiple dwelling use relates to Units 11, 12 and 13 (Lot 11 on BUP5601, Lot 12 on BUP5601 and Lot 13 on BUP5601) of the existing development only.
Currency Period
This development approval lapses if the use has not happened by 17 May 2027, unless an application to extend the currency period is approved by Council.
Car Parking
A minimum of 3 covered car parks and one additional car park must be provided.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to each dwelling in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each dwelling.
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:
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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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