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

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