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MCU23/0019 - Short Term Accommodation At 2A Woongar Street, Boreen Point · Attachment 2 – MCU23 0019 – Planner’S Report
ATTACHMENT 2 – MCU23/0019 – PLANNER’S REPORT REPORT 1. PROPOSAL The application seeks approval to utilise the existing two storey dwelling at 2a Woongar Street, Boreen Point for Short-term Accommodation. No changes are proposed to the existing dwelling with the applicant advising all parts of the site will be available for the proposed use. The existing dwelling has five bedrooms, with the applicant seeking approval for 10 guests on site. The two car carport and associated driveway will be available for car parking for guests. The applicant intends to utilise the subject property as their holiday home however wishes to short- term let the property when they are not utilising the premises. The applicant has proposed that a local property manager will oversee the management of the accommodation and a code of conduct will be provided for all guests to adhere to. The locality and proposal plan are included below. Figure 1 – Locality
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Figure 2 – Subject Site
Figure 3 – Floor Plan
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Figure 4 – Elevations 2. SITE DETAILS 2.1. Site Description The subject site is a 10 hectare, heavily vegetated split zoned lot, being Rural Residential and Environmental Management & Conservation Zone (refer to Figure 5), with the existing dwelling house within the Rural Residential zone and the access to the dwelling in the Environmental Management & Conservation Zone. The site contains an existing dwelling house and access track, with the eastern boundary adjoining Lake Cootharaba.
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Figure 5: Subject site zoning
2.2. Surrounding Land Uses
The site is surrounded by properties in the Low Density Residential Zone to the south along
Woongar Street. A Rural Residential zoned property adjoins the site to the southeast accessible
from Uranga Parade. To the north and west of the house is existing native vegetation.
3. ASSESSMENT
3.1. 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.
3.2. 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.
• Natural Hazards, risk and resilience – coast hazards – in part
The proposal is considered to comply with the relevant provisions within the SPP as there is an
existing dwelling house on site with no construction works to occur.
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South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional
Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
• Koala Habitat Area
The site is located within the mapped Koala Priority Area, with a majority of the site mapped as
Core Koala Habitat Area. It is noted however that existing dwelling and the immediate surrounding
area is located outside of the mapped Core Koala Habitat Area. No vegetation is proposed to be
removed and no new structures are proposed to be constructed for the development, and therefore
the proposal is consistent with the applicable assessment benchmarks of the Planning Regulation
2017.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Boreen Point area and is zoned both Rural Residential and
Environmental Management and Conservation. The proposed use is identified as a consistent use
within the Rural Residential zone (noting that the existing dwelling house is within this zone) an
inconsistent use within the Environmental Management and Conservation Zone and is required to
follow an impact assessable application process.
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 recognises that tourism is a major component of the Shire’s economy that
provides jobs and income for many residents. In the Shire’s rural and hinterland areas, the tourism
focus is directed towards high quality nature-based and rural tourism experiences to diversify and
balance the visitor experience across Noosa Shire. The proposed use is consistent with this
strategic intent as the proposed short-term accommodation supports Noosa’s tourism industry in
a rural area and provides visitor accommodation in a scenic location within close proximity to both
the coastal area and the hinterland.
The proposed use aligns with the strategic intent of the Noosa Plan to facilitate short-term
accommodation within the rural residential area whilst maintaining the environmental values and
residential activities on the site and the surrounding area.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below.
Rural Residential Zone Code
The following provisions of the Rural Residential Zone Code are relevant to the proposal:
6.8.4.2 Purpose and Overall Outcomes
(1) The purpose of the Rural residential zone is to provide for residential uses and
activities on large lots, including lots for which Council has not provided
infrastructure and services.
(2) The overall outcomes sought for the Rural residential zone are as follows:-
(a) The Rural residential zone provides a high level of amenity for permanent
residents.
(c) Non-residential activities are limited to small-scale activities that are
compatible with and do not impact on the rural residential character and
amenity of the zone.
(h) Development maintains and enhances the significant scenic and
landscape values of the area including native vegetation.
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6.8.4.3 Assessment Criteria
PO4 Visitor accommodation:
(a) Is at a scale and density that protects the environmental and lifestyle values of
the land; and
(b) Does not detract from the rural residential character and amenity of adjoining
properties.
The Rural Residential Zone Code seeks that non-residential development is limited to small-scale
activities that are compatible with and do not impact on the rural residential character and amenity
of the zone. The proposal is a small-scale short-term accommodation use, providing
accommodation in a single dwelling house only, on a 10 hectare lot and a minimum of 110m from
the nearest adjoining property. To ensure any potential amenity impacts are minimised, conditions
are recommended to be imposed including a limit on the number of guests to 8 at any one time
consistent with recent approvals for short term accommodation in the Rural and Rural Residential
Zones, restriction of the use of outdoor areas after 10pm and a requirement to maintain a register
of complaints.
The proposed use is considered to align with the intent of the Rural Residential Zone Code and
provides short-term accommodation that is at a scale and density that will protect the
environmental and lifestyle values of the land and will not detract from the rural residential
character and amenity of adjoining properties. The proposal is therefore considered to comply with
the Rural Residential Zone Code.
Environmental Management & Conservation Zone Code
The following provisions of the Environmental Management & Conservation Zone Code are
relevant to the proposal:
6.7.1.2 Purpose and Overall Outcomes
(1) The purpose of the Environmental management and conservation zone is to
provide for the protection and maintenance of areas that support one or more of
the following:
(a) biological diversity;
(b) ecological integrity;
(c) naturally occurring landforms; or
(d) coastal processes.
(2) The overall outcomes sought for the Environmental management and
conservation zone are:
(a) Land identified as ecologically important areas, water catchments, beach
protection or coastal management areas or natural areas with historical or
cultural values are protected from development;
(b) Development avoids and mitigates against adverse impacts on the values
and processes within ecologically important areas;
The proposal has been reviewed against the Environmental Management & Conservation Zone
Code and is consistent with this code’s requirements, noting that the use will primarily occur within
the existing dwelling house, which is within the Rural Residential zone, with only the existing
access located within the Environmental Management & Conservation zone. The proposed use,
being within an existing dwelling house, utilising an existing access driveway and not proposing
any further works or clearing on site will not cause any impacts or additional pressures to the
Environmental Management and Conservation zoned land. The existing zone and overlays will
also provide for the ongoing protection of this area. The proposal is therefore considered to comply
with Environmental Management and Conservation Zone Code.
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Visitor Accommodation Code
The follow provisions of the Visitor Accommodation Code are relevant to the proposal:
9.3.5.2 Purpose and Overall Outcomes
(1) 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.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both
in coastal areas and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which
sensitively responds to site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity
and natural landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban
or landscape fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract
from the amenity enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners
to carry out agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and
the length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
9.3.5.3 Assessment Criteria
PO2 Development is located on a site with an area sufficient to accommodate the use
without detracting from the character and amenity of the local area.
PO3 Development has a scale and density that is compatible with the intent of the
zone and the preferred character for the local area in which it is located.
The proposal has been reviewed against the Visitor Accommodation Code and is consistent with
this code’s requirements. The siting of the existing dwelling will aid in avoiding conflicts with nearby
sensitive land uses (ie dwelling houses), at 10 hectares the subject site is substantially over the
minimum lot size of 4 hectares considered acceptable under the Visitor Accommodation Code, and
the use is located within an existing dwelling, with no clearing of existing vegetation proposed to
accommodate the use. The accommodation will not overlook the living areas of neighbouring
properties due to being located a minimum of 110m from the nearest adjoining dwelling, whilst also
being screened from dwellings along Woongar Street by substantial existing vegetation. The site
has sufficient area available on site for car parking and waste storage.
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Figure 6: Dwelling houses in proximity to proposed short-term accommodation
(green = 100m, blue = 200m, orange = 300m)
Council records indicate that within Boreen Point there are currently nine (9) approved and one
application under assessment for short-term accommodation permits required under Council’s
Short Stay Letting Local Law (noting this figure does not include traditional motel and camping
accommodation or STAs operating under existing use rights). The approved uses are scattered
throughout the low density residential zoned area of Boreen Point, with the subject site being
located approximately 140m from the nearest STA approved dwelling house. Due to the separation
between the uses, and the location of the dwelling on the subject site, it is considered that the
proposed use will not detract from the amenity and character of the area. To further protect the
amenity of the area and surrounding neighbours, it is recommended conditions be included which
limit the number of guests on site and the use of outdoors areas. In addition, further conditions are
recommended which will require a code of conduct be provided to guests and a contact person
located within 20km of the site to be responsible for the supervision and management of the
premises, including addressing complaints about the use of the premises. The proposal is
therefore considered to comply with the Visitor Accommodation Code.
Overall, the proposed use is considered to align with the intent of the Rural Residential Zone Code,
Environmental Management and Conservation Zone Code and the Visitor Accommodation Code.
Biodiversity, Waterways and Wetlands Overlay Code
The subject site is located in the Biodiversity, Waterways and Wetlands Overlay within an Area of
Biodiversity Significance and the Riparian Buffer Area. The proposal, being within an existing
dwelling house, will not cause any impacts or additional pressures to the biodiversity area than
what would occur should the dwelling house be utilised for permanent residential purposes.
The subject site is also mapped in Koala Priority Area and Core Koala Habitat under the State
Government mapping, however no clearing is proposed and as such will not impact on these areas.
Bushfire Hazard Overlay Code
The subject site is mapped as Medium Potential Bushfire Intensity and Potential Impact Buffer
under the Bushfire Hazard Overlay mapping. It is noted that short-term accommodation within an
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existing dwelling does not trigger assessment against the Noosa Plan’s Bushfire Hazard Overlay
Code. Notwithstanding, it is recommended that conditions be included prohibiting fires on site
(except where in an appliance used for domestic heating or cooking purposes) and requiring a
bushfire evacuation plan for the site to be prepared and provided to the nearest fire authority and
guests.
Flood Hazard Overlay Code
The subject site is mapped as Flooding and Inundation Extent under the Flood Hazard Overlay
mapping, however the application does not trigger assessment against the Flood Hazard Overlay
Code as the use is located within an existing dwelling house. It is noted that the flood hazard in
this area is slow rising, with the applicant advising that flood levels are monitored every 3 hours
manually direct to BOM when flood alerts are raised, allowing adequate time to notify guests of
possible flooding.
Short Stay Local Law
A Local Law for Short Stay letting commenced 1 February 2022 which regulates the ongoing
operation of short stay letting and home hosted accommodation and manages the impacts on
permanent residents and guest safety. Accordingly, an advisory note will be included on the
approval to alert the applicant to the requirements under this legislation.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
• Senior Environment Officer
4.3. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. Thirteen properly made and three not properly made submissions were received. The
following table provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
Fire Risk The subject site is mapped as Medium Potential
Bushfire Intensity and Potential Impact Buffer
Increased bushfire risk due to guests
under the Bushfire Hazard Overlay mapping.
lighting fires (eg fire pits, campfires etc).
Conditions have been included in the
Concerns regarding lack of bushfire recommendation prohibiting fires on site except
mitigation currently being carried out on where in an appliance used for domestic heating
site. or cooking purposes, and requiring a bushfire
No town water supply in Boreen Point evacuation plan for the site to be prepared and
provided to the nearest fire authority as well as
guests.
The applicant has responded to issues raised
regarding onsite maintenance, stating:
‘…the site is to be maintained to a high standard
including well kept gardens with leaves and debris
to be cleaned around the curtilage of the existing
house. Currently, the family only use the property
a few times a year and the short term
accommodation use will allow for regular
maintenance’.
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Inconsistent with Noosa Plan 2020 Noosa Plan 2020 includes Short-term
accommodation as a consistent use in the Rural
Residential zone.
Environmental Impacts The proposal is located within an existing dwelling
house and utilising an existing access track. No
The subject site is a wildlife corridor with
further development or clearing is proposed as
riparian areas. Concerns raised over
part of the application. The proposal is therefore
increased cars, fires, pets (cats and dogs)
not anticipated to result in additional impacts on
on the site and potential impacts on wildlife
the environmental values of the site than if the
and the lakefront.
dwelling were to be used as for permanent
residents.
Amenity Impacts The dwelling house is located a minimum of 110m
from adjoining properties. Conditions are included
The proposal will adversely affect 11
in the recommendation limiting the number of
adjoining properties and put pressure on
guests on site and use of outdoors area. In
the ecosystem and village infrastructure
addition, conditions are included requiring a code
due to increased traffic, noise, fire hazard,
of conduct to be provided to guests and a contact
people and pets.
person located within 20km of the site to be
Impacts on the ‘village’ atmosphere / small responsible for the supervision and management
community feel of Boreen Point of the premises, including addressing complaints
about the use of the premises.
It is noted that of the sixteen submissions
received, submissions included home addresses,
only two of which were residents of the adjoining
properties referenced, one of which was and
objection and one neutral in nature.
Flood Hazard Short-term accommodation within an existing
dwelling house does not trigger assessment
Site floods – access would be cut off in
under the Flood Hazard Overlay Code, however it
flood event
is noted that in this area flood waters are slow
rising and as such guests should have sufficient
time to evacuate the dwelling prior to the flood
hazard cutting off egress. The applicant has also
provided advice that flood levels are monitored
every 3 hours manually direct to BOM when flood
alerts are raised, allowing adequate time to notify
guests of possible flooding.
On Site Effluent A condition is included in the recommendation
requiring an onsite effluent disposal system
Impacts on the existing onsite septic from
suitable for the proposed use.
an increase in the number of people on
site.
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Existing Short-term in Proximity Council records indicate that within Boreen Point
there are currently nine (9) approved and one
Boreen Point already has sufficient short-
application under assessment for short-term
term accommodation
accommodation permits required under Council’s
Short Stay Letting Local Law.
Party House Conditions are included in the recommendation
limiting the number of guests on site and use of
The large house accommodation on the
outdoors area. In addition, conditions are included
site would allow big groups of people
requiring a code of conduct to be provided to
gather at the property for parties and
guests and a contact person located within 20km
holidays.
of the site to be responsible for the supervision
How will visitor numbers be controlled and management of the premises, including
addressing complaints about the use of the
premises.
Precedent Short-term accommodation generally triggers
assessment under Noosa Plan 2020. Each
Approving this STA will create a precedent
application is assessed and decided on its merits.
and result in an influx of STA’s in Boreen
Point
5. CONCLUSION & REASONS FOR DECISION
The application seeks to use an existing dwelling house for short-term accommodation within the
Rural Residential zone, with existing access to the dwelling located within the Environmental
Management and Conservation zone. The proposal is compliant with the Planning Scheme and
does not present any significant impacts to adjoining land uses and surrounding areas. Whilst the
use has the potential to detrimentally impact the amenity of surrounding properties, conditions have
been included to mitigate these impacts and ensure the use is sufficiently managed to limit
nuisance to neighbouring properties. The site is in a Biodiversity and Koala Habitat Area; however,
the proposed use will not affect any existing vegetation and will preserve these areas. As such, the
proposal is recommended for approval.
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