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Delegated Report - Code - Planning MCU23 0015 [As Published]
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Graduate Development Planner, Jada Lyons
Development Assessment
APPLICATION DETAILS
Application No. MCU23/0015
Applicant Jeri-Lee Langmaid
Trent Alexander Langmaid
Proposal Material Change of Use - Short-term accommodation
Properly Made Date 30 January 2023
Information Request Date 14 February 2023
Information Response Date 17 March 2023
Decision Due Date 10 May 2023
Report Reviewed & Nadine Gorton 10.05.2023
Finalised By
PROPERTY DETAILS
Property Address 301 Tablelands Rd Cooran Qld 4569
RP Description Lot 11 RP 853385
Land Area 12.87 ha
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Agricultural Land Overlay
Biodiversity, Waterways and Wetland Overlay
• Area Subject to Biodiversity Overlay
• Area Subject to Riparian Buffer Overlay
Bushfire Hazard Overlay
• High Potential Bushfire Intensity
Document Set ID: 22409500
Version: 8, Version Date: 14/07/2023
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• Potential Impact Buffer
Landslide Hazard Overlay
• Moderate Hazard Area
Koala Habitat Area
• Core Koala Habitat
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use for short-term accommodation. The
proposal seeks to use the existing 2 storey dwelling house and does not involve any additions or
alterations to the dwelling. The existing dwelling house includes 5 bedrooms, 2 bathrooms, rumpus,
living and dining areas, multiple deck areas and pool area. The dwelling also includes two covered
carparking spaces within an existing shed.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Partial Site Plan
Figure 3 – Existing Floor Plan
2. SITE DETAILS
2.1. Site Description
The subject site is a large rural lot with an area of 12.87 hectares. The site has an existing dwelling
house and associated structures and gains access via a shared easement from Tablelands Road.
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The site steeply slopes from the north-western corner to the south and a waterway runs through
the centre of the site. The site is heavily vegetated with small, cleared areas along the south-
western boundary and in the northern corner near the dwelling.
2.2. Surrounding Land Uses
Surrounding sites are large rural lots used for rural lifestyle and low intensity rural pursuits. The
closest nearby dwelling is located 250 metres from the subject dwelling. Woondum National Park
is located to the north of the subject site.
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;
• Planning Regulation 2017; and
• Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Rural Zone Code;
• Visitor Accommodation Code.
The subject site is located in Cooran and is zoned Rural. The proposed use is identified as a
consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Minimum lot size 4 hectares min. 12.67 hectares
Boundary setbacks
• Ag setback 100m from agricultural operations Existing dwelling 10 Deemed
metres to boundary of
to comply
mapped ag land
200m from sensitive land use Deemed
Existing sensitive land
use already to comply
established
Carparking 2 spaces min 2 covered
Visitor Accommodation Code
Acceptable Outcome AO1.1 of the Visitor Accommodation Code requires that visitor
accommodation is not located within 100 metres of agricultural operations on adjoining premises.
The applicant has advised that the dwelling house is within 100 metres of an agricultural operation
on an adjoining property and as such requires assessment against Performance Outcome PO1.
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PO1
Visitor accommodation is located such that it avoids conflicts with nearby land uses.
The proposed use is considered to comply with PO1 as the use is being conducted within an
existing dwelling house and does not include any alterations or additions to the building or natural
land form. The existing dwelling house sits within a vegetated area is well screened from adjoining
agricultural operations (see Figures 4 and 5 below).
Figure 4 – Existing Dwelling House (retrieved from Realestate.com.au)
Figure 5 – Existing Dwelling House (retrieved from Realestate.com.au)
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Ag Land
Acceptable Outcomes AO2.4 and AO8.5 of the Rural Zone Code require that sensitive land uses
are not established within 200 metres of mapped agricultural land. The existing dwelling house is
a sensitive land use and is currently located within mapped agricultural land and 10 metres from
an adjacent property in mapped agricultural land. As the dwelling is to be used for both short term
and permanent accommodation it is not introducing a new sensitive land use to the area. The
proposal has also been further assessed against the performance outcomes below.
PO2
Development does not result in the loss or diminished productive capacity of Agricultural Land
Conservation Area.
PO8
Notwithstanding that intensive rural activities may need greater separation distances, buildings
and other structures are appropriately sited and designed to:
a) avoid environmental harm or nuisance to sensitive land uses, including adverse impacts
on amenity values, over and above what could reasonably be expected in the rural zone;
b) avoid adverse impact on ecologically important areas including National Parks,
watercourses, and wetlands;
c) mitigate risks associated with the use of chemicals or air pollutants; and
d) avoid conflict with rural uses and activities on adjoining properties.
The proposal is to utilise the existing dwelling house on the site, which is an established sensitive
land use. The use of the dwelling for short term accommodation is not considered to have any
further impacts on the productive capacity of agricultural land than the current dwelling house
would.
The proposal will not cause environmental harm or nuisance to sensitive land uses or ecologically
important areas and will not impact on amenity values of surrounding properties.
As such, the proposal is considered to comply with Performance Outcomes PO2 and PO8 of the
Rural Zone Code.
Bushfire Hazard Overlay
The development site is mapped under the Bushfire Hazard Overlay Map as High and Potential
Impact Buffer over the existing dwelling and surrounds; however the proposal does not trigger
assessment against the Bushfire Overlay Code.
The Bushfire Hazard Overlay Code outcome is to ensure that development avoids or mitigates the
potential adverse impacts of bushfire on people, property, economic activity and the environment.
Performance Outcome PO6 requires easy and safe evacuation of residence of premises and
access by emergency services. The dwelling and associated access are located in a High Potential
and Potential Impact Buffer and whilst a Bushfire Assessment and Management Plan is not
required under the Noosa Plan 2020, a condition requiring maintenance on the access track to
ensure that a safe access and egress is available at all times to the development for emergency
vehicles and personnel is included.
Number of Guests
Previous recommendations for short term accommodation have limited the number of guests on
site at any one time to 8. While it is noted that there are no restrictions within the rural zone for the
number of guests on site, to be consistent with previous recommendations made by Council for
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short term accommodation, it is considered reasonable to condition the number of guests allowed
on site at any one time to 8 persons.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU23/0015 for a Material Change of Use – Short-Term
Accommodation situated at 301 Tablelands Rd Cooran and described as Lot 11 RP 853385, it is
recommended the application be approved in accordance with the following details for the Decision
Notice:
1. APPLICATION DETAILS
Application No: MCU23/0015
Street address: 301 Tablelands Rd Cooran Qld 4569
Real property description: Lot 11 RP 853385
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Short-Term Accommodation
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Plans and Documents
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
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- - Site Plan, prepared by applicant 11/01/2023
- - Floor Plan, prepared by applicant (as annotated 11/01/2023
by Council)
Currency Period
3. This development approval lapses if the use has not happened by 10 May 2029, unless an
application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms within the existing dwelling that are available for guest
accommodation must not exceed 5.
5. The total number of guests accommodated at any one time must not exceed 8.
Amenity
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm
each night.
7. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
8. The operation of the approved use must be in accordance with Administration (Amendment)
Subordinate Local Law (No.1) 2021.
*Refer Advisory Note.
Carparking
9. Existing carparking on site, as detailed on the approved plans, must be maintained and kept
available for users of the short term accommodation.
10. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
11. Directional signage must be provided to direct visitors to the car parking spaces provided on
site.
Contact Person
12. Prior to the commencement of the use written confirmation must be provided to Council
confirming:
a. the name and telephone number of the contact person (which may include the name
and contact details of an individual, letting agency, property manager, security firm or
the like) for the purposes of the operation of the short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of the
premises; and
d. that the contact person is to be responsible for the supervision and management of the
premises, including addressing complaints about the use of the premises for short stay
letting and visitor queries.
13. A sign must prominently and permanently display in letters and numbers not less than 50mm
in height, a current up to date written notice detailing Councils hotline number. The sign must
not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the
public at all times.
Code of Conduct
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14. A code of conduct must be developed and provided to all users and occupants of the short
term accommodation, including any website or social media used to promote the use of the
premises for short term accommodation.
The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to noise,
overlooking, light spill or odour) enjoyed by residents in the vicinity of the
premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by Queensland
Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent, caravan,
campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the separation of
recyclable waste) produced as a result of the ordinary use or occupation of the
premises in a waste container.
e. That each user of the premises must ensure that the premises, including the grounds
of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 5 to 8 of
this development approval.
15. The Code of Conduct must be displayed in a prominent location at the premises so that it
can be viewed by guests.
Complaints Management
16. The contact person must maintain a record of all complaints received, identifying how each
complaint has been resolved or addressed within a reasonable time.
17. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
18. The contact person, must keep and maintain a register of the use of the premises for short
stay letting or home hosted accommodation, and record in the register, each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay letting
or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
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b. the dates when each person’s use, or occupation, of the premises for short stay letting
or home hosted accommodation began and ended.
19. The contact person, must make available, for inspection by Council, within 5 business days
of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 16; and
b. the register referred to in condition 18.
Water Supply
20. 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.
Waste Water Treatment and Disposal
21. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use.
Bushfire Management
22. Access/Egress tracks must be maintained, be safe and available at all times to all of the
development for emergency vehicles and personnel.
23. The site must be provided with a water storage reservoir having a minimum 5,000 litres of
water for emergency firefighting purposes. Such storage must be provided in addition to the
water supply capacity required for the use and must be provided in the form of either an
accessible dam, swimming pool, or rainwater tank. If by rainwater tank, water storage for
firefighting purposes must be provided either in a separate rainwater tank or a reserve section
in the main water supply tank on which:
a. the domestic take off from the tank is at or above the 5,000 litre point; and
b. standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel
drive rural services vehicles.
24. The site must be provided with an auxiliary power supply such as a petrol driven fire fighter
pump (or generator), together with a hose of sufficient length to easily reach around to all
sides of the building.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
25. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Aboriginal Cultural Heritage Act 2003
26. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
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Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
27. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
c. the Disability Discrimination Act 1992 (Commonwealth);
d. the Anti-Discrimination Act 1991 (Queensland); and
e. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
28. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
Short Stay Letting
29. On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
hosted accommodation. The local law commenced on 1 February 2022. A one off application
will need to be made, under the new local law, for all existing and new properties operating
short stay letting or home hosted accommodation, unless identified as exempt.
For more information and application forms, please visit Council’s website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Development Compliance Inspection
30. Prior to the commencement of the use, please contact Council's Development Assessment
Branch to arrange a Development Compliance Inspection.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
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Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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