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MCU23/0101 Application For Short-term Accommodation At 561 Gympie Kin Kin Road, Kin Kin · Attachment 2 – (MCU23/0101) – Planning Officer’S Report
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
ATTACHMENT 2 – (MCU23/0101) – PLANNING OFFICER’S REPORT
REPORT
1. PROPOSAL
This application seeks approval to use the existing 2 storey dwelling for short-term accommodation
at 561 Gympie Kin Kin Road, Kin Kin. The existing dwelling includes:
• 4 bedrooms (1 ensuite), bathroom kitchen, dining area and sunroom on the upper floor.
• 4 car garage, workshop, games room, dining, media, bar, patio and covered alfresco area on
the lower floor
• Spa, pool and fire pit
Vehicle access is proposed via the existing driveway from Gympie Kin Kin Road. No works are
proposed to the site or the existing dwelling to facilitate the use of the property for short-term
accommodation.
It is noted that the applicant was requested during the assessment process to nominate a
maximum number of guests to be accommodated on site at any one time, however, did not provide
a limit. A condition is therefore included in the recommendation limiting the number of guests to
eight (8) at any one time, this is consistent with other short-term accommodation approvals in the
Rural and Rural Residential Zones.
Notably an application for short stay letting (SSL23/0161) was lodged on 28 September 2022
wherein the applicant was asked to demonstrate that the site had existing use rights to short stay
let the property. The applicant responded by advising they were unable to contact the previous
land owner and intended to lodge a development application. The application under the local law
is currently on hold pending the outcome of this development application.
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Page 2
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
Figure 3 – Floor Plans
Figure 4 - Elevation
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
2. SITE DETAILS
2.1. Site Description
The site is located approximately 6km from the Kin Kin village and has an area of 2.25ha. A 2-
storey dwelling house has been built generally central to the site on the site’s knoll. The site
generally slopes up from Gympie Kin Kin Road and down to the southwest to Kin Kin Creek where
part of the site is mapped as being subject to flooding and inundation. The site is mostly cleared
of vegetation and is grassed.
2.2. Surrounding Land Uses
The site is in a rural setting with the area containing larger rural and rural residential properties.
The nearest dwelling is approximately 70 metres to the south of the site’s dwelling, with a dwelling
to the southwest approximately 200 metres away. The submitter lives approximately 370 metres
to the northeast of the dwelling.
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 2017;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The 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 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 site is mapped as a Regional Landscape and Rural Production Area under the SEQ Regional
Plan. A Tourist activity is only referrable to the state and assessable against the Planning
Regulation 2017 assessment benchmarks where:
• The use results in a gross floor area of more than 5,000m2 excluding any part used for tourist
accommodation or accommodation or employees.
• Involves an ancillary commercial or retail activity with a gross floor area of more than 250m2.
• Provides accommodation for more than 300 persons.
The proposal does not exceed any of these requirements.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in Kin Kin and is zoned Rural under The Noosa Plan 2020. The proposed
use is identified as a consistent use within the zone and is required to follow an impact assessable
application process. The application is made impact assessable by the Noosa Plan’s assessment
tables due to the site being under 4ha, having an area of 2.25ha. The application would otherwise
be code assessable.
Accordingly, the application must be assessed against the whole of Noosa Plan 2020 to the extent
the provisions are relevant to the development.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024 3.3.1 Strategic Framework The Strategic Framework recognises that tourism is a key sector of the Noosa economy and will continue to be so into the future, with key visitor areas identified including Hastings Street, Gympie Terrace, Noosa River, Tewantin Marina, Noosa National Park, Sunshine Beach, Peregian Beach, Noosa North Shore and the hinterland. However, the Strategic Framework also identifies that visitor numbers and associated pressures are increasing in and around Noosa’s natural attractions and impacting residential amenity and the lifestyle of locals, the local environment, and accommodation for residents and guests. Consequently, the Noosa Plan identifies and protects visitor accommodation areas, located within the Tourist Accommodation Zone, at Noosa Heads, Noosaville and Noosa North Shore for visitors to the exclusion of permanent occupants. It also conversely protects neighbourhoods of permanent residents from influxes of short-term visitors recognising visitors interests and priorities are not always compatible with residential amenity. These strategies are also reflected in the planning scheme’s assessment tables and codes by identifying short-term accommodation as an inconsistent use in the Low Density Residential zone and requiring that medium and high density residential zoned areas remain home to predominantly permanent residents. Within the hinterland, the Strategic Intent states that the focus is directed towards high quality nature-based and rural tourism experiences and events to diversify and balance the visitor experience across Noosa Shire and promote the hinterland. The Tourism Strategy Noosa 2017- 2022 prepared by Tourism Noosa supports this focus by encouraging and promoting hinterland, nature-based experiences to help disperse visitors throughout the region with a focus on ‘quality’ experiences that attract high spending interstate and international visitors to the region. Accordingly, in the hinterland for rural zoned land, nature-based tourism is identified as accepted development subject to requirements or code assessable, with short-term accommodation as code assessable or consistent impact assessable development. Visitor accommodation in the hinterland is supported by the planning scheme but is required to be low density and small scale and not impact on rural activities, or the amenity, character or environmental values of the area. The proposed short-term accommodation is consistent with the Strategic Intent and Outcomes of the Noosa Plan 2020 to support rural tourism in the hinterland area. 3.3.3 Overlay Codes Agricultural Land Overlay The subject site is mapped as containing areas of agricultural land conservation area (ALCA), including the portion of the lot containing the existing dwelling. The proposal does not include any additional buildings or structures to be located within the mapped ALCA and as such the development will not result in the loss or diminished productive capacity of ALCA. Biodiversity, Waterways and Wetlands Overlay The western portion of the site is mapped as containing areas of biodiversity significance and riparian buffer area. The use will primarily be contained within the existing dwelling and will utilise the existing access, carparking and onsite amenities, all of which are within a fenced off area and are located entirely outside of the mapped areas of biodiversity significance and riparian buffer area. Bushfire Hazard Overlay The site contains a portions of mapped bushfire hazard area (potential impact buffer) in the western portion of the lot, including the location of the dwelling. The use is proposed to be contained entirely within the existing dwelling, noting that Noosa Plan 2020 would not trigger assessment for bushfire hazard where short-term accommodation is proposed within an existing dwelling house if the
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024 application was code assessable. A building certifier will be required to assess bushfire hazard requirements for the structure for the short-term accommodation use. Flood Hazard Overlay The site contains a small portion of mapped flood hazard area in the western portion of the lot. The existing dwelling and access are located entirely outside of the mapped flood hazard area and as such the proposal does not raise any concerns in relation to flooding. 3.3.4 Rural Zone Code The proposal is consistent with the code’s applicable overall outcomes for houses to be ‘… available for short-term guests where there is no resultant changes to the rural amenity or rural production of the area.’ The proposed short-term accommodation is located within an existing dwelling approximately 70 metres away from the closest dwelling. The site and lots on the northern side of Gympie Kin Kin Road are also not used for rural production and are unlikely to be in the future, given the lots are small in size. The proposal is also consistent with the applicable performance outcome of the Code, with no corresponding acceptable outcome included in the Code. PO4 Visitor accommodation: a) is at a small scale and low density that protects the environmental and rural values of the land; b) is compatible with rural activities and nature conservation; and c) does not detract from the rural amenity of adjoining properties. The proposal is small in scale, will be compatible with the surrounding area and is unlikely to detract from the rural amenity of adjoining properties. The proposal is limited to 4 bedrooms and a condition is included in the recommendation limiting the use to no more than 8 persons on site at any one time. It is also located mostly away from neighbouring properties. Safe vehicle access has been demonstrated to the state, with the state as a referral agency requiring access to be via the existing driveway with the driveway maintained at a rural standard. The proposal will also not result in any significant adverse impact on the natural values of the site or surrounding area or detract from the scenic amenity as experienced from Gympie Kin Kin Road, being accommodated within the site’s existing dwelling. 3.3.5 Visitor Accommodation Code The proposal complies with the overall and performance outcomes of the Code and is unlikely to significantly conflict with nearby land uses, with no rural activity occurring on land in the immediate area and the use being separated from neighbouring houses. 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. AO2.3 In the Rural Zone or Rural Residential Zone the site used for Nature-based tourism or short-term accommodation has a minimum area of 4 hectares. While the proposal does not meet AO2.3 as the site has an area of 2.25 hectares, the proposal is consistent with the corresponding performance outcome PO2. The proposal will not detract from the character and amenity of nearby properties, given the separation distance to neighbouring dwellings, with the large alfresco area located to the rear of the dwelling away from the closest neighbour. The use is also confined to the existing dwelling and landscape areas and a condition is included in the recommendation limiting guest numbers to 8 persons, which will assist in managing guest behaviour and conduct. The use of the dwelling’s outdoor areas can also be limited to 9pm.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
Sufficient car parking and manoeuvring is also provided on site for the use within the existing
garage.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the Department of State Development, Infrastructure, Local
Government and Planning (SARA). The Department is a referral agency for the application as
access is via a state-controlled road. The Department has responded providing the following
conditions:
1. The development must be carried out generally in accordance with the following plan:
Location Plan, prepared by Kevin Holt Consulting, dated 03/08/2023, drawing number 01
and revision A, as amended in red by SARA, which requires the road access must be
maintained to a rural standard at the existing access location.
2. Stormwater management of the development must not cause worsening to the operating
performance of the state-controlled road, such that any works on the land must not:
(a) create any new discharge points for stormwater runoff onto the state-controlled road.
(b) interfere with and/or cause damage to the existing stormwater drainage on the state-
controlled road.
(c) surcharge any existing culvert or drain on the state-controlled road.
(d) reduce the quality of stormwater discharge onto the state controlled road.
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. One properly made submission was received from residents of 593 Gympie Kin Kin Road.
The following table provides a summary and assessment of the comment made in the submission.
Matters Raised Comments
The submitter advised they have no The property is currently being advertised for short
concerns on the continuing use of this stay let accommodating up to 10 guests.
property for short-term accommodation
5. DRAFT NOOSA PLAN 2020 AMENDMENTS
The Noosa Plan 2020 draft amendments are currently undergoing public notification. The proposed
amendments include limiting short-term accommodation within the rural zone to only:
• where in a resident’s principal place of residence and limited to no more than 4 times and
totalling no more than 60 nights in any calendar year, or
• where on the same site as the applicant's principal place of residence.
As such, converting an existing dwelling house in the rural zone to short-term accommodation
without retaining a primary residence on the site is not supported under the proposed amendments.
Council has established a position regarding short-term accommodation over the past 18 months
by the endorsement of both the Short-Term Accommodation Monitoring Report and the Housing
Strategy in 2022, which made recommendations to amend Noosa Plan 2020. This position is now
being enacted through the public notification of proposed amendments to Noosa Plan 2020.
It is noted that the ‘Coty Principle’ established that weight may be given to proposed planning
scheme amendments that may have implications for a development application. However, in this
regard, as the application was lodged in December 2023 and decision stage commenced 14 March
2024, prior to the amendments being advertised and any feedback being received from the
community, it is considered that the amendments are not advanced enough through the legislative
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024 process to enable significant weight to be given to the proposed changes for the subject application. As such, although it is acknowledged that the proposed form of short-term accommodation (within the primary dwelling) is not supported under the planning scheme amendments, these changes cannot be taken into consideration at this point of the application process. 6. CONCLUSION & REASONS FOR DECISION It is concluded that the proposed short-term accommodation is consistent with Noosa Plan 2020, being identified as a consistent use in the Rural Zone and compliant with the scheme’s applicable codes. While the site is less than 4ha specified by the acceptable outcome of the Visitor Accommodation Code, the proposal is setback from neighbouring dwellings, achieving the separation intended by the minimum site area, and this will ensure the use does not detract from the character and amenity of the local area. The conditioned maximum number of guests will also assist in managing potential amenity impacts and a condition is recommended restricting the use of outdoor areas after 9pm. On site car parking will meet the likely demands of the use with safe access provided from Gympie Kin Kin Road. The application is therefore recommended for approval with conditions.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 JUNE 2024
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
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Executive Officers Sport & Active Lifestyles Fleet
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People & Culture Community Connection ICT
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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