MCU18/0102.02 Application For An Other Change To Include A Food And Drink Outlet To A Development Approval (Visitor Accommodation Type 4 Conventional) For Bounce Hostel At 14-16 Mary St, Noosaville · Attachment 1 – MCU18 0102.02 – Coordinator Planning Assessment Report

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                                        Figure 2 – Site Plan



2.   SITE DETAILS
2.1. Background
On 15 November 2018 Council approved an application for Visitor Accommodation Type 4 –
Conventional with a Negotiated Decision issued in March 2019. At the time the application was
publicly notified, 5 properly made submissions were received with residents raising concerns about
the hostel’s location opposite Dan Murphy’s, the potential for excessive noise to be generated, the
lack of on-site car parking, and the setbacks and bulk of the building. Submitters also questioned
the need for a backpackers in this area.
On 1 December 2021 the Acting Director of Sustainable Development approved a ‘Temporary Use
Permit’ to allow for registered external guests (non-staying guests) to use the café and outdoor
sundeck area for the consumption of food and beverages sold on site due to the impacts of COVID
on the business. The temporary use permit was current until June 2023 and no complaints were
received during the period of operation.
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:

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•     State Planning Policy;
•     South East Queensland Regional Plan 2017;
•     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.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposed change is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The subject site is zoned District Centre and is situated within Precinct 1 – Mary Street/Thomas
Street Health & Wellbeing Precinct and the Noosaville Local Plan area. The proposed Food and
drink outlet is identified as an inconsistent use for the site under the precinct provisions that apply
and is required to follow an impact assessment process.
The proposed Other change must be assessed against the whole of Noosa Plan 2020 to the extent
the provisions are relevant to the development.
Condition 5
5.    The approved accommodation units must be used for short term visitors only. The approved
      units must not be occupied by persons for the purpose of permanent accommodation.
The applicant seeks that this condition be deleted as they consider it is superfluous as the Decision
Notice clearly states the use is only for Visitor Accommodation Type 4 Conventional.
The original application was lodged under the Noosa Plan 2006 and Visitor Accommodation Type
4 Conventional is defined as follows:




While the condition may be seen as superfluous, given it is reflective of the approved use as stated
in the Decision Notice, experience suggests that owners/operators continue to confuse this issue
and offer properties for uses not permitted. It is therefore recommended that as the condition does
not propose any further restriction than the use definition, it be maintained upfront in the conditions
for clarity.
Development Approval Type & Condition 8
•     Development Permit for Material Change of Use of Premises (Visitor Accommodation Type
      4 Conventional)

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8.    The café, pool and sundeck must only be available for the residents of the visitor
      accommodation use and must not permitted for use by persons not staying in the visitor
      hostel.
The applicant requests that the Development Approval be changed to a include Food and drink
outlet as defined under the Noosa Plan 2020 with condition 8 to be changed to read as follows:
8.    The café, sundeck and associated facilities within the resort, as indicated on the approved
      plans, is approved to be used by resort guests and non-staying guests associated with the
      Food and Drink Outlet use.
The applicant submits this change should be approved on the following grounds:
•     The resort has been operating as a Food and drink outlet under the Temporary Use Permit
      for more than 12 months.
•     The resort has demonstrated it can operate with non-staying guests onsite consuming food
      and drinks without any negative amenity impacts to surrounding residential uses.
•     Existing kitchen and café facilities are used.
•     Existing conditions of approval provide sufficient regulatory controls if the management
      were to change.
•     Car parking is provided by the original development with 3 car spaces and 3 motorcycle
      spaces provided on-street directly in front of the development. Noting these spaces were
      not attributed to the parking calculation of the original development but are now sought to
      be used.
•     Basement car parking is significantly underutilised and could be used for patrons if needed.
The Noosa Plan 2020 details that uses in the Mary Street/Thomas Street Health and Wellbeing
precinct are low impact, include daytime use only if adjoining a residential zone and do not include
a food and drink outlet, shop, bar hotel or nightclub entertainment facility. Development is also not
to generate large volumes of traffic or require significant customer car parking. These provisions
are intended to provide a transition between the business centre opposite and residential uses
behind and protect resident’s amenity.
The subject site is somewhat unique in the precinct as the Noosa Plan specifically identifies it as
being suitable for short term accommodation in the form of a hostel which can include ancillary
recreation facilities for guests such as a cafe. The existing development on site has been designed
to minimise impacts on the surrounding area with recreational areas located internal to the site and
screened by buildings and the approval includes conditions that limit hours of operation (including
use of the pool and sundeck areas) as well as requiring a manager/ receptionist to be on site at all
times. A site inspection by staff confirmed the effectiveness of the design in providing buffering to
the adjoining residential areas.
The new Food and drink use does not result in changes to the built form and will allow external
patrons to visit the site and utilise the existing facilities. The applicant has demonstrated over time
that both uses, with appropriate management, can operate without impacting on nearby residents.
In this regard correspondence was received in February 2023 by Council from an adjoining
landowner to the rear who advises they have had no reason to complain and have no concerns
with the proposed Other change to the development approval.
In terms of traffic and car parking, the proposed change will generate some additional traffic and
car parking however this increase is unlikely to directly impact residents to the rear.
The proposed development previously complied with the car parking requirements of the Noosa
Plan 2006 code which required 1 space per 12 guests and 1 space per staff member with parking
for a courtesy shuttle bus. The approval is for a 122 bed hostel and has 13 car parking spaces, 1
bus space and 4 scooter spaces in the basement, with 2 parking spaces in the street already
accounted for the development, since they were created by the development at the time.
The area used for the Food and drink outlet is approximately 190m2, which would equate to a
requirement for a further 10 spaces on site were the outlet to be used only by non-staying guests.
It is however reasonable to assume that the outlet will be used for both resort guests and non-

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staying guests and in this regard the applicant considers that at any given time a maximum of 80m2
may be used by external guests which equate to an additional 4 spaces.
The applicant provided two surveys of video stills of the basement carpark to address carparking
demand for the development. The initial survey conducted between 13 February to 19 February
2023 by the applicant’s planning consultant, showed the basement to be generally underutilised
however did indicate that the carpark was full or almost full on Saturdays. Further information was
requested to be provided to cover a greater period of time with the applicant providing further video
stills for the period between Sunday 27 August 2023 to Saturday 23 September 2023. The
applicant noted:




The table below sets out the existing and required car parking for the 122 bed hostel and the
proposed Food and drink outlet. This table demonstrates that the proposed Food and drink outlet
would require an additional 4 spaces based on the applicant’s assumptions of usage.


                 Parking    on Additional     Total Parking Noosa Plan 2020
                 Site          parking        provided
                               created in the
                               street by the
                               development

 122       bed 13           car 2 spaces          15 spaces        15.2 spaces
 hostel        spaces
                                                  1 bus space      1 bus space
                 1 bus space
                                                  4     scooter Plus motorcycle         spaces    &
                 4    scooter                     spaces        bicycle spaces
                 spaces
                                                  20     bicycle
                 20   bicycle                     spaces
                 spaces

 Food      & -                                                     4 additional spaces based on
 Drink Outlet                                                      80m2 being used by non-
 – 190m2                                                           staying guests

The Performance Outcome of the Driveways and Parking Code states:

PO6 Sufficient parking

          a) is provided having regard to the specifics of the use including—
               i. the type and intensity of land use;

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              ii. any existing parking available on the site;
             iii. hours of operation;
             iv. likely numbers of users;
              v. accessibility to the site by means other than private motor vehicle;
             vi. the peak parking demand periods of uses on the site; and
            vii. the availability of alternative car parking; and
         b) is provided to accommodate the number and type of vehicles and motorcycles likely
            to be generated by the development.
The proposed use and carparking is generally considered to meet the above outcomes as the site
is well located in walking distance to surrounding accommodation and likely users, is on bus route
and peak times are likely to be outside peak operations of the surrounding commercial
development.
The request to approve the operation of a Food and drink outlet which allows for non-staying guests
to attend the site for the consumption of food and beverages is supported and condition 8 is
recommended to be deleted to enable this to occur.
Whilst the applicant has demonstrated that the existing carparking on site has been sufficient for
the use during the 12 month period it operated in 2023, it is recommended that a new condition be
included to allow for the Food and Drink Outlet to operate for 12 months and for further written
consent from Council to be required to continue to the use after this time. Consent via written
consent will mean that there is no financial impost by way of an application fee to change the
development approval but permits Council the ability to continue to review the matter.


4.    CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No submissions were received.
5.    CONCLUSION & REASONS FOR DECISION
The applicants request to delete condition 5, which requires the accommodation to be used only
for short term visitors is not supported as the condition provides clarity as to the approved use.
The applicant also seeks an Other change to a development approval to allow for non-staying
guests to attend the site for the consumption of food and beverages. The proposal does not seek
to change the existing built form and use areas and it is concluded that there are sufficient grounds
for the proposed Food and drink outlet to operate ancillary to the existing Visitor Accommodation
(Hostel ) use despite its conflict with the Noosa Plan 2020. The applicant has demonstrated that
impacts on the adjoining residential area will be minimal and not visible to the surrounding area.
As the proposal does not meet carparking requirements it is recommended that a condition that
restricts the use for a limited time period with any extension to consider objections that may be
received be included.
Departments consulted:
     Office of the CEO, Mayor &          Community Services                 Corporate Services
             Councillors
     Mayor & Councillors              Director                           Director
     Chief Executive Officer          Community Development              Financial Services
     Executive Officers               Sport & Active Lifestyles          Fleet

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Community Engagement                  Arts & Culture             Revenue Services
People & Culture                      Community Connection       ICT
Governance                            Customer Experience        Commercial Property
Strategy & Environment &              Development & Regulation    Infrastructure Services
Sustainable Development
Director                          x   Director                   Director
Strategic Land Use Planning       x   Development Assessment     Infrastructure Planning, Design
                                                                 and Delivery
Economic     Development      &       Local Laws                 Civil and Asset operations
Destination Management
Environmental Services                Environmental Health       Asset Management
Innovation & Digital Hub              Building & Plumbing        Building & Facilities
                                      Property / Permits         Disaster Management
                                                                 Waste