Council Report MCU17 0076.01

MCU17/0076.01 – Application for an other change to a development approval for multiple Housing Type 2 Duplex to include short-term accommodation & Operational works at 1/25 Edward Street, Noosaville

Author	Development Planner, Nadine Gorton
Environment and Sustainable Development

Index	ECM/ Application/ MCU17/0076.01

Attachments	Nil

APPLICATION DETAILS
Applicant	Hon Kee Lee
Proposal	Other Change to a Development Permit for a Material Change of Use - Short-term accommodation
Properly Made Date	10 January 2022
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	2nd May 2020
Number of Submissions	9 Properly made 2 Not properly made

PROPERTY DETAILS
Property Address	1/25 Edward St Noosaville Qld 4566
RP Description	Lot 1 SP 308419
Land Area	613m²
Existing Use of Land	Dual occupancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Residential Density
Precinct	Not applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils Flood Hazard
Assessment Type	Other Change to Approval (Impact)

executive summary
The proposal seeks approval to utilise one unit in an existing and approved duplex to include a Short-term accommodation use for up to six persons.
The application is recommended for refusal as the proposal will further erode the permanent housing in the area and there is no need for additional accommodation for visitors to the area. The proposal is contrary to the scheme’s requirements to maintain the area as predominantly home to permanent residents and the use is not proposed within a well-established resort or holiday units, does not satisfy carparking requirements and has the potential to impact on the amenity of permanent residents.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 regarding Application No. MCU17/0076.01 and OPW17/0224.01 for an Other Change to a Development Permit for Material Change of Use – Multiple Housing Type 2 Duplex & Short-term accommodation & Operational Works, situated at 1/25 Edward St 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 has a substantial number of properties being used for visitor accommodation and/or properties permitted for visitor accommodation. The introduction of additional short-term accommodation within a duplex is not consistent with the purpose of the zone.
The proposal seeks to establish a new short-term visitor accommodation facility within a recently approved dual occupancy 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.
6.	The proposal does not comply with Performance Outcome PO12 of the Visitor Accommodation Code and Performance Outcome PO6 of the Driveway and Parking Code as insufficient car parking is proposed on site to address the likely parking demands on site.
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 current approval to enable Unit 1 of the existing dual occupancy to be used for both permanent and/or short-term accommodation. No changes are proposed to the built form of the building, with all parts of Unit 1 to be available for the proposed use.  The existing development on site includes two x 3 bedroom units with only Unit 1 the subject of the application.
The applicant details the following matters in support of the application:
The property will be used for permanent and/or short-term accommodation;
They will utilise a local property manager to oversee letting, management and maintenance of the premises.
Management of the property will be in line with the Noosa Council Local Laws regulations for short-term rental properties.
They will prepare a code of conduct and management agreement for all guests utilising the premises for short-term accommodation.
All guests agree to the rules of the property at time of booking.
No events, weddings, parties, or the like are to occur on the premises.
The outdoor area (alfresco) and pool area are located at the rear of the property and screened from view by existing landscaping and fencing.
The property is fully fenced and landscaped.
The applicant also submits:
The proposal is unlikely to impact surrounding amenity as short-term accommodation has historically been undertaken throughout the area and the residents are accustomed to having visitors scattered throughout the local area.
It is also important to note the close proximity to many Dual Occupancy and Multiple Dwellings, which have existing use rights for short-term accommodation, and as such the proposal is a compatible use within the surrounding land uses.
Guests do not generate further impacts on infrastructure, road, water or sewage. Rather, it is likely the opposite as the house is not operated 100% of the time, unlike that of a permanent resident.
The applicant seeks to use the dwelling for their own use and if refused for short-term accommodation will not permanently rent the dwelling. Therefore, by refusing this development will not erode permanent housing.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

site details
Background
The following development approvals were issued for the site on 4 September 2017:
MCU17/0076 – Multiple Housing Type 2 Duplex
OPW17/0224 – Operational Work (Earthworks, Landscaping, Carparking, Access and Stormwater)
The development was completed early 2019.
On 10th January 2022 the current short-term accommodation change application was lodged with Council. Following a preliminary assessment, on 13th January 2022 the applicant was advised by phone and email that planning staff were not supportive of the application as it did not comply with the planning scheme and would not be issuing an information request. The applicant commenced public notification on 28th January 2022.
Site Description
The subject site is described as Unit 1/25 Edward Street Noosaville and is described as Lot 1 on SP308419. The base parcel of land has an area of 613m2 with Unit 1 having an area of approximately 324m2 plus common property.
An existing two storey dual occupancy currently extends across the site.

Figure 5 – Street view of existing development
Surrounding Land Uses
The site is located in a residential area, which is characterised by one and two storey multi – unit residential development. The following development adjoins the site:
Northern boundary – low set dual occupancy
Southern boundary – two storey dual occupancy
Western boundary – low set unit complex of 6 units
East (opposite the site) – two storey dual occupancy
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 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 being zoned 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 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 within 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
(y) 	Development in the Tourist accommodation zone is for visitor accommodation and associated uses that serve visitors to preserve and support the role of Noosaville as a tourism focus area.
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
PO20
Development in the Tourist Accommodation zone and other resort complexes provide visitor accommodation into the future to preserve and support the role of Noosaville as a tourism focus area.
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. The scheme further details that the Tourist Accommodation zone is intended to provide for short-term accommodation.
The site is located in an area of Medium Density Residential zoned land that is located in a neighbourhood area identified in figure 6 below, which is surrounded by visitor accommodation to the north and commercial areas to the south.

Figure 6: Zonings and neighbourhood area
An analysis of properties being used or able to be used for short-term accommodation was undertaken in April 2020 and is detailed in Figure 7 below for the area. The mapping has not been updated however provides an indication that the area has a substantial number of premises available for use for short-term accommodation.

Figure 7: Area 1 – Short-term accommodation (see legend figure 8 below)
The proposal for an additional short-term accommodation use within an area that is already predominantly characterised by short-term accommodation does not comply with Purpose and Overall Outcome (a) of the Medium Density Residential Zone Code. In addition, as the proposal is for the use to establish within a new dwelling unit, it does not comply with 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 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 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, and the extent of visitor accommodation does not integrate well with permanent residents in the area and dominates the area.
In support of the proposal, the applicant submits that the Council has not addressed the Ministers requirements in relation to the Approval of the Planning Scheme and has not provided a social impact study of the change in policy for short-term accommodation.  In December 2021, Council considered and endorsed a report by the Principle Strategic Planner that noted:
The Minister’s condition specifically requires monitoring to occur over a 2-year period to allow the provisions of Noosa Plan 2020 to take affect and see results and changes around short-term accommodation, tourism, and the housing market. The report is due 3 January 2023. State planners are satisfied Council’s proposed monitoring and reporting approach will meet the Minister’s requirements. The outcomes of the Housing Needs Assessment and Strategy will inform the preparation of the monitoring report.
Carparking and Driveways Code
The Driveways and Parking Code requires the short-term accommodation to provide two spaces per dwelling and one space per four dwellings for the use, resulting in a total of 3 spaces for Unit 1. The proposal provides two spaces for Unit 1 within the existing lock up garage with the front driveway able to be used for one tandem space. The provision of tandem space for the use is not considered appropriate as it restricts the use of the double garage and the adjoining unit’s garage and has the potential for vehicles to park in the surrounding area.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. Nine properly made and two not properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Support for use of property for short-term accommodation from Body Corporate Managers indicating that the premises provide high end accommodation for visitors and is able to be managed to minimise potential disturbance to nearby residences. The local law indicated as a means of managing the property.	The Body Corporate Managers submission is noted however as detailed in section 3.3 above, there are substantial areas in the Noosaville locality that are considered more suitable for Visitor Accommodation than the subject site.
Subject site has been operating as a short-term accommodation use for 2.5 years during which there has been late night partying on the deck and in the pool at any time of the night and day and during the week which impacts on the amenity of the adjoining permanent residents whose entertaining areas adjoin the rear of the subject site.	Pool area and outdoor dining areas are located at the rear of the site and have the potential to impact on the amenity of adjoining residential properties which have bedrooms and private residential areas adjoining this area. Night time noise able to be regulated with Code of Conduct and property management conditions would assist in minimising impacts.
Existing use of premises has not been managed appropriately.	New local law will assist in management of short-term accommodation.
Edward Street is 10 metres wide and has yellow lines that restrict carparking. Guests still park in Edward and Ann Street which impacts on residents. Insufficient carparking provided on site.	The Driveways and Parking Code requires the short-term accommodation to provide three carparking spaces for the use. The proposal provides two spaces for the use with the front driveway able to be used for one tandem space. The provision of tandem space restricts the use of the double garage, the adjoining units garage and is not considered to address carparking requirements.
Owner occupiers reside in the immediate area and the residential amenity is being negatively affected and eroded by the impacts of short-term accommodation.	Agree. The proposal has the ability to impact on the surrounding amenity of the area.
Proposal does not comply with the Noosa Plan 2020. Proposal erodes the permanent housing stock in the area and negatively impacts on local residents.   The applicants comments that they will not permanently rent the dwelling if the application is refused disregards the fact that the approval runs with the land and the preferences of owners can change.	Agree. The proposal does not comply with the provisions of the Noosa Plan.
Applicant has failed to demonstrate a need for additional short-term accommodation.	Agree. The proposal does not comply with the provisions of the Noosa Plan. The Noosaville area has been identified as having 27% of residential rated properties utilised for short-term accommodation.
Loss of value due to impacts of short-term accommodation in the area.	There is no evidence to suggest a loss of value in the area.
Short-term accommodation is a business in a residential area and should not be permitted.	As detailed in section 3.3 above, there are substantial areas in the Noosaville locality that are currently zoned for use for Visitor Accommodation with the proposal having the potential to further erode the availability of permanent accommodation in the area and detrimentally impact on local residents.
conclusion & REASONS FOR DECISION
The application seeks to use one unit of an existing dual occupancy, 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. The proposal is located in a neighbourhood area that is well serviced with short-term accommodation with some properties being used for visitor accommodation and/or properties permitted for visitor accommodation. The introduction of additional short-term accommodation within the existing dual occupancy is not consistent with the purpose of the zone. Additional visitor accommodation is not needed in the area and is likely to further erode the residential amenity for permanent residents in the area. The proposal also does not provide sufficient on site carparking suitable for the use and 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
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 APRIL 2022

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