Council Planning Negotiated Report MCU20 0155

MCU20/0155 - representations to development permit for material change of use for SHORT TERM ACCOMMODATION AT 75 WILLIAMS ROAD, KIN KIN
Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU20/0155

Attachments	1.	Decision Notice

APPLICATION DETAILS
Applicant	Suzanne Joy Ritchie
Development Approval	Material Change of Use - Short-term accommodation
Representations Received on	12 July 2021
Number of Submissions for Original Application	1

PROPERTY DETAILS
Property Address	75 Williams Rd Kin Kin Qld 4571
RP Description	Lot 2 RP 811901
Land Area	3.9ha
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not applicable
Local Plan Area	Kin Kin
Overlays	Biodiversity Overlay  - Area of Biodiversity Significance and Waterway Bushfire Hazard Overlay – Medium Potential Impact Buffer and Potential Impact Buffer Landslide Hazard Overlay  - High Hazard Area and Moderate Hazard Area
Assessment Type	Representations made to original approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 September 2021 regarding representations made in relation to Application No. MCU20/0155 for a Development Permit for Material Change of Use - Short-term accommodation situated at 75 Williams Rd, Kin Kin and agree to delete condition 23.

REPORT
background
An application for use of a dwelling at 75 Williams Road, Kin Kin for short term accommodation was considered by Council and approved at the Ordinary Meeting on 17 June 2021.
The applicant suspended the appeal period and made representations on 11 July 2021 to the development approval condition requiring waterway rehabilitation.
When the original application was considered by Council the officer report noted:
Part of the site is subject to the Biodiversity, Waterways and Wetlands Overlay which includes a mapped waterways and a riparian buffer area. Noting the distance of the dwelling from the riparian buffer and the steep topography of the site the proposed use of the existing dwelling for the purpose of short term accommodation is unlikely to create additional pressures on the site’s environmental values. It is anticipated that visitors to the property would generally confine their activities to the dwelling and the immediate surrounding area. Accordingly it is not reasonable to require the applicant to rehabilitate the riparian buffer or the area adjacent to the waterway.
The condition requiring the rehabilitation of the waterway was included by Council in deciding the application.
At the time the application was publicly notified 1 properly made submission was received. The submitter supported the application.
assessment
An assessment in relation to the submitted representations is provided below:
Condition 23
That the Biodiversity and Ecosystem Values 10m either side of the mapped waterway be enhanced over the next 5 (five) years by progressively removing or controlling listed pest species and replacing them with local native species providing an annual progress report to the reasonable satisfaction of Council.
Applicant’s Representation
With respect to the importance of the management and conservation of the waterways in the Kin Kin area, we are a little unclear why this condition relates to an application for a STA permit.
The waterway, of which I am not familiar with, although owning the property for 27 years, is in a fairly inaccessible location, with extremely steep slopes, has rain forest trees on both sides, and is a considerable distance from the house.
To have this area maintained and enhanced over a 5-year period as a condition by Council would be a financial strain on a new venture, considering we would require assistance with the ongoing maintenance and annual progress reporting.
(ii) 	If we decided to sell the property with the permit for STA within the given period, the conditions placed upon us could be detrimental to the sale if the prospective buyer was not prepared to continue with the conditions set out by Council.
(iii) 	There is no correlation between the number of people occupying the property permanently or on a short-term basis in relation to the impact to the waterway, in fact there could be less impact on the waterway with STA.
In our opinion, given the conditions imposed by Council, there would be very little difference in net income generated comparing a STA to a permanent rental property.
The property is in an ideal location for a STA in the hinterland, and has a very relaxed feel sitting on top of a hill amongst the tress with many birds and wildlife, it is close to the Noosa trail, and has many restaurants, cafes and breweries, and is close to the Eumundi and Pomona markets.
It offers a great alternative to the experience of the Noosa beach accommodation, and I believe it would work well as a hinterland home stay, a 40 minute drive from Noosa.
Assessment of Representation
Acceptable Outcome AO6.2 of the Biodiversity, Waterways and Wetlands Overlay Code requires land within 10 metres of a mapped waterway to be rehabilitated for the purpose of protecting biodiversity and ecosystem values. Whilst is acknowledged that rehabilitation of waterways is an important component of the Noosa Plan 2020 in this instance the specific attributes of the site and the nature of the proposed use raise some issues with the requirement to rehabilitate a 20-metre wide corridor along the waterway.
At its closest point the waterway is situated 80 metres from the dwelling on land at least 35 metres lower than where the dwelling is situated. This means access to the waterway is via a 43% slope and access is difficult to undertake works noting that equipment would need to be carried both to and from the waterway.
The following image details the location of the waterway and includes contours at 1 metre intervals.

Furthermore, the nature of the proposed use and the topography of the site means that guests of the short term accommodation will not be accessing the waterway or surrounding area or impacting on the site’s environmental values.
Therefore there is no nexus between the approved short term accommodation use and the requirement to rehabilitate the waterway.
Accordingly, the applicant’s request to delete condition 23 is supported as it is not considered a reasonable and relevant condition pursuant to the Planning Act 2016.
It is noted that the Planning Act does not allow for consideration of a person’s financial circumstances.
conclusion & REASONS FOR DECISION
The applicant has made representations seeking to delete condition 23 which requires rehabilitation to 10 metres either side of the waterway. Due to the topography of the site and the nature of the proposed use which will not impact on the environmental values of the site the applicant’s requests is supported.
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		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
					

[word/footer1.xml]
Page 3 of 4

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 SEPTEMBER 2021