Town Planning Report_FINAL

1.3       APPLICABLE LEGISLATION
This application has been prepared in accordance with the relevant provisions of the Planning Act 2016
(PAct) and requires assessment against the relevant assessment benchmarks of the Noosa Plan 2020.


1.4       DEFINITION OF USE
In accordance with the Planning Act 2016, the proposed development involves a material change of
use as identified in the following extract: -

                                   Extract from the Planning Act 2016
 Schedule 2 – Material Change of Use means ‐
 material change of use, of premises, means any of the following that a regulation made under
 section 284(2)(a) does not prescribe to be minor change of use—
      (a) the start of a new use of the premises;
      (b) the re‐establishment on the premises of a use that has been abandoned;
      (c) a material increase in the intensity or scale of the use of the premises.

In accordance with Schedule 1 of the Noosa Plan 2022, the proposed uses are best defined as being a
Short-term accommodation and a Food and Drink outlet. The applicable planning scheme use
definitions are reproduced below:

Short-term accommodation—
         1. means the use of premises for
                     1. providing accommodation of less than three (3) consecutive months to
                          tourists or travellers; or
                     2. 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
         2. does not include a hotel, nature-based tourism, resort complex or tourist park.

Food and drink outlet means the use of premises for—
        1. preparing and selling food and drink for consumption on or off the premises; or
        2. providing liquor for consumption on the premises, if the use is ancillary to the use in
             paragraph (a).


1.5       LEVEL OF ASSESSMENT AND ASSESSMENT BENCHMARKS

In accordance with Part 5 Tables of Assessment (Table 5.5.2) of the Noosa Plan 2020, the proposed land
uses, Short term accommodation and Food and drink outlet, are nominated as consistent and Code
Assessable uses within the Tourist accommodation zone.

The relevant assessment benchmarks for the proposal include:

      ▪   Coastal Communities Local Plan Code
      ▪   Tourist Accommodation Zone Code
      ▪   Business Activities Code
      ▪   Visitor Accommodation Code
      ▪   Works Codes

An assessment against these assessment benchmarks has been undertaken in Part 5 of this report.

PLANNING REPORT – Revision A              May 2023                                            P a g e |7