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MCU22.0067-Reps to Council's Conditions
7th September 2022 Our Ref: 002431 Council’s Ref: MCU22/0067 Noosa Shire Council The Chief Executive Officer 9 Pelican Street Tewantin QLD 4565 Via email: [email protected] ATTENTION: Jada Lyons Change Representations- Proposed Material Change of Use to Establish a Short-term Accommodation Use 401 Sunrise Road, Tinbeerwah 4563 QLD Lot 7 on RP207543 Dear Jada, In relation to the abovementioned Decision Notice (MCU22/0067) issued by Noosa Council on 22 August 2022, on behalf of T AND J HODGKINSON PTY LTD we hereby provide the following Change Representations to the Conditions listed within the Decision Notice in accordance with s.75 of the Planning Act 2016. Our representations relate to Conditions 5, 6, 12, and 15. Condition 5 Condition 5 of the Decision Notice reads: 5. The total number of guests accommodated at any one time must not exceed eight (8). Representations to Condition 5 The Floor Plan, prepared by RG Strategic and dated 14/4/2022, revision 01, details the dwelling and the 4 x existing bedrooms. The Floor Plan details that the dwelling accommodates 10 x guests at a time. The Floor Plan is approved by Council under Condition 2 of the Decision Notice. It is proposed that Condition 5 be amended to be consistent with the approved plans. RG Strategic PO Box 1818 07 5474 3873 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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Proposed Amendment to Condition 5
It is proposed that Condition 5 of the Decision Notice is amended to read as:
5. The total number of guests accommodated at any one time must not exceed ten (10).
Condition 6
Condition 6 of the Decision Notice reads:
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm each night.
Representations to Condition 6
To limit the use of the outdoor areas to 9:00PM is restrictive and unreasonable considering:
• The dwelling and associated pool, balconies and decks are orientated to the North-east and
overlook the property’s bush as illustrated in the below photographs. As such, any potential
associated noise with the use of the outdoor areas is directed away from the neighbouring properties;
• The subject site is a large rural residential allotment, and the outdoor areas and pool are densely
screened by vegetation which provides a significant buffer between the neighbouring properties;
• The 9:00PM curfew unfairly restricts the guest’s ability to experience the scenic rural amenity and the
sub-tropical climate unique to the Noosa hinterland; and
• A similar approval by Noosa Council has conditioned the outdoor areas to be used by guests until
10:00PM (MCU22/0006).
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 3
Given the above reasons, it is requested that the Condition be revised to allow the outdoor area to be
utilised till 10:00PM by the short-term accommodation guests.
Furthermore, to restrict the use of the outdoor areas when the dwelling is being utilised by the property owners
is unreasonable. As such, it is recommended that the Condition be revised to allow the owners of the property
to enjoy their property without limitation.
Proposed Amendment to Condition 6
It is proposed that Condition 6 of the Decision Notice is amended to read as:
6. All outdoor areas, including balconies, decks, pool and the like, must not be used by those persons using
the property for Short-term Accommodation after 10pm each night.
Condition 12
Condition 12 of the Decision Notice reads:
12. The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable satisfaction of
the Manager Development Assessment.
Representations to Condition 12
It is an unreasonable imposition on the applicant to seal the entire length of the driveway and crossover
access to Sunrise Road.
The applicant agrees to seal the shared entry to Sunrise Road for a distance of 10 metres in accordance with
Council’s standards relevant to rural properties. The sealing of the crossover to Sunrise Road will provide
improved access to all properties who benefit from the easement including 393, 399, 403 and the subject site
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 4
401 Sunrise Road.
It is unreasonable for Council to require the applicant to seal the complete length of the driveway (in addition
to the 6 metres agreed), a length of approximately 100 metres, when:
• The driveway is utilised by the subject site and three (3) additional properties (393, 399 and 403 Sunrise
Road). As such, any works undertaken, and the associated costs should be jointly shared by the
property owners who benefit from the sealing and driveway improvement; and
• The use of the dwelling for Short-term Accommodation is of a lessor scale and intensity than that of
the dwelling being used for permanent residence and occupied 100% pf the time. As such, is it unfair
for the applicant to be burdened with all of the costs associated with the sealing of the entire
driveway.
Proposed Amendment to Condition 12
It is proposed that Condition 12 of the Decision Notice is amended to read as:
12. The crossover from Sunrise Road must be sealed for a length of 10 metres to the reasonable satisfaction
of the Manager Development Assessment or to Council’s relevant standard for rural driveways.
Condition 15
Condition 15 of the Decision Notice reads:
15. The development must be provided with a potable water supply connected to each cabin. The storage
capacity of the potable water supply must be a minimum of 5000 litres per guest. The storage capacity of
the potable water supply must be a minimum of 4000 litres per guest bedroom/unit/cabin.
Representations to Condition 15
Condition 15 as currently worded is not relevant to the approved development and existing dwelling. It is
proposed that the Condition be amended as per below.
Proposed Amendment to Condition 15
It is proposed that Condition 15 of the Decision Notice is amended to read as:
15. The development must be provided with a potable water supply. The storage capacity of the potable
water supply must be a minimum of 5,000 litres per guest.
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 5
Thank you for your consideration of the above Change Representations to the Conditions 5, 6, 12, and 15
within Decision Notice MCU22/0067 issued to the applicant on 22 August 2022.
Should you require any additional information or have any queries please to not hesitate to contact us.
Kind Regards,
Russell Green APIA MQELA
Managing Director
RG Strategic
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
Page 6
STRATEGIC SOLUTIONS, CREATIVE THINKING