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Planing report 2020

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proposal report
development application


Development Permit for a Material Change of Use of Premises for Short
                                               Term Accommodation
over Lot 1 on SP297618 and located at 1/20 Nannygai Street, Noosaville




                                       Prepared For: Troy and Jessica Townsend
                                                        Prepared: October 2020
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Prepared by:
Martoo Consulting Pty Ltd

13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440


© Martoo Consulting Pty Ltd 2017

The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted      in    any     form     without      the    written   permission     of   Martoo      Consulting      Pty      Ltd.




        martoo consulting
        town planners + urban designers + development managers                                                            page 2 of 15

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Contents
1.0      Summary ......................................................................................................................... 4
  1.1       Development application details ............................................................................................. 4
  1.2       Planning instrument details ..................................................................................................... 4
  1.3       Referral agencies ..................................................................................................................... 4
2.0      Site details ....................................................................................................................... 5
  2.1       Site description ....................................................................................................................... 5
  2.2       Surrounding land uses ............................................................................................................. 6
3.0      Proposed development details ......................................................................................... 7
4.0      Planning assessment ........................................................................................................ 8
 4.1      Noosa Plan……………………………………………………………………………………………………………………………….…8
5.0      State assessment and other matters .............................................................................. 13
  5.1       State interests ....................................................................................................................... 13
6.0      Conclusion .................................................................................................................... 14
7.0      Appendices ................................................................................................................... 15
  Appendix A Proposal Plans




        martoo consulting
        town planners + urban designers + development managers                                                                           page 3 of 15

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1.0 Summary

1.1 Development application details
 Proposed development:                               Short Term Accommodation
 Type of approval sought:                            Development Permit for Material Change of Use
 Site address:                                       1/20 Nannygai, Noosaville Qld 4566
 Real property description:                          Lots 1 on SP297618
 Site area:                                          809m2
 Assessment manager:                                 Noosa Council
 Owner details:                                      Troy and Jessica Townsend
 Applicant details:                                  Troy and Jessica Townsend


1.2 Planning instrument details
Regional plan:                                       SEQ Regional Plan 2009–2031 (version commenced 2 May
                                                     2014)
Designation:                                         Urban Footprint
Planning scheme:                                     Noosa Plan 2020
Zone:                                                Medium Density Residential zone
Local plan:                                          Noosaville Local Plan
Level of assessment:                                 Impact
Applicable overlays:                                 Acid Sulfate Soils
                                                     Flood Hazard
Applicable codes:                                    The Planning Scheme



1.3 Referral agencies

There are no applicable referral agencies for the proposal.




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2.0 Site details
2.1 Site description
The subject site is a rectangular shaped lot located on the north-eastern side of Nannygai Street,
Noosaville and described as Lot 1 on SP297618. The entire site has been developed for a duplex
dwelling which approved two separate units. The application relates to the north western unit
known as unit 1. Figure 1 provides a plan of the location of the site.

Pedestrian and vehicular access is provided from Nannygai Street with a double garage accessed
from the driveway. The subject site is serviced by standard community infrastructure including
reticulated water supply and sewerage, underground telecommunications and overhead electricity
supply, bitumen roadways and kerb and channel.

The site is to the best of our knowledge is not known to be contaminated.




Figure 1: Aerial view and site identification                                Source: Noosa Council




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Figure 2: Satellite view and site identification                                        Source: Noosa Council mapping



2.2 Surrounding land uses
The site is located in a residential area which is characterised by predominantly by unit complexes
including holiday accommodation as well as several residential dwellings.

Table 2: Surrounding land uses
Surrounding land uses
Northern boundary                            Duplex Dwelling, Adeona Child Care Centre and Anchor Motel
Southern boundary                            Unit complex
West – opposite the site                     Residential Dwelling and unit complex




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3.0 Proposed development details
The applicant proposes to utilise Unit 1 for short term accommodation. No changes are proposed
to the existing building with all parts of the unit to be available for the proposed use.

The applicant advises that:

        They will utilise a local property manager to oversee letting, management and maintenance
         of the premises.
        They will prepare a code of conduct and management agreement for all guests utilising the
         premises for short term accommodation.
        All guests will be required to sign the agreement and terms of rental.
        The two car garage and associated driveway will be available for carparking for guests.
        No events, weddings, parties or the like are to occur on the premises.

In support of the proposal the following is noted:

        The outdoor deck and pool area are located at the rear of the site and adjoin a landscaped
         carparking area associated with the Anchor Motel
        The outdoor deck and pool area adjoin the partially roofed play area of the Adeona child
         care centre.
        The child care centre operates from 7 am to 5.30pm.
        The Anchor Motel which is used for short term accommodation adjoins the northern
         boundary of the site.
        A double garage is available for the use
        The property is fully fenced and landscaped.




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4.0 Development Assessment

4.1 Noosa Plan
The Noosa Plan 2020 defines Short term accommodation as:

       a) means the use of premises for

             i) providing accommodation of less than three (3) consecutive months to tourists or
             travellers; or
             ii) a manager’s residence, office, or recreation facilities for the exclusive use of guests,
             if the use is ancillary to the use in subparagraph (i); but

       b) does not include a hotel, nature-based tourism, resort complex or tourist park

The Noosa Plan includes the site in the Noosaville Local Plan and provides the site with a Medium
Density Residential zoning. The assessment table for the zone indicates that Short Term
Accommodation uses are impact assessable. Impact assessable applications are required to be
assessed against the entire scheme however the most relevant Codes for assessment include:

        Noosaville Local Plan Code
        Low Density Housing Code
        Medium Density Residential Zone Code
        Visitor Accommodation Code
        Works Code


Noosaville Local Plan Code

The proposal has been reviewed against the Noosaville Local Plan Code and is considered to
comply with the Purpose and Overall Outcomes of the Code which include:

    (f)The Noosaville local plan area maintains its roles for both the provision of much of the
    commercial, retail, administrative, industrial and social needs of the coastal urban portion of
    Noosa Shire and as a major focus area for visitor accommodation and services.

The use of the existing unit for short term accommodation provides visitor accommodation for the
area.


Low Density Housing Code

The purpose of the Low-density housing code is to ensure short-term accommodation is:

        1.    appropriately located;
        2.    achieve a high level of comfort and amenity for occupants;
        3.    maintain amenity and privacy of neighbouring residential premises; and
        4.    are compatible with the character and streetscape of the local area.




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The proposed use of the dwelling unit for short-term accommodation is considered to comply with
purpose and outcomes as:

        The outdoor living areas adjoin the carparking area of the Anchor Motel as well as the
         screened play area of the Adeona Child Care Centre as detailed by the figure below.




        The upper level bedrooms of 18 Nannygai Street are located opposite bedrooms of the
         proposed use.




        The recreational area of the unit adjoins the recreational area of the adjacent premises.
        Is close to the recreational and visitor facilities located in the Noosaville area.
        Is of residential scale compatible with the surrounding development as it is located in an
         approved duplex dwelling.



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Medium Density Residential Zone Code

The proposal has been reviewed against the Medium Density Residential Zone Code and is
considered to comply with the Purpose and Overall Outcomes of the Code which include:

      (b) The character of medium density residential neighbourhoods varies due to factors such as
          proximity to beaches, the Noosa River, recreation spaces, centres, topography, availability
          of views, the established vegetated character, the presence of visitor accommodation and
          the age of development.
      (c) Development makes a positive contribution to the look and feel of residential
          neighbourhoods by maintaining a low scale character with well designed buildings and
          landscaping that enhance the streetscape.
      (d) New uses are located, designed and managed to be compatible with surrounding uses.

The short term accommodation use is proposed to be located in one unit of an existing two storey
duplex dwelling that complements the scale of development in the area.

It is noted that the outcomes of the zone also state:

      a) Medium density residential neighbourhoods are predominantly home to permanent
         residents.
      h) Short-term visitor accommodation is predominately provided through well-established
         resorts and holiday units.

The subject site is located in an area that comprises a motel (Anchor Motel and holiday apartments
(Noosa Yallambee Holiday Apartments) used for visitor accommodation as well as residential dwellings
and smaller unit complexes that are used for both permanent and visitor accommodation. The use of the
subject site for visitor accommodation will not prejudice the outcome of the zone as there are still areas
in the locality available for permanent accommodation including that contained in the Laguna Estate
Retirement Village.

A review of the most relevant sections of the code is detailed below:

Performance                            Acceptable Outcomes                      Proposal Compliance
Outcomes
PO6                                    AO6.1
Visitor accommodation is limited       Home-based businesses allow for up       Not applicable – not a traditional bed and breakfast - host not on
to formats compatible with the         to four short term guests to be
                                                                                site.
character and use of the area so       accommodated within the home of
as not to cause unreasonable loss      the host while the host remains in
of residential amenity, having         residence, such as traditional bed and
regard to:                             breakfast accommodation.

    a)     the privacy of              AO6.2                                    Not a party house. Premises to be used for luxury holiday rental and
    residents on the subject           Short-term accommodation does not:       not to be rented out for parties. Existing dwelling unit comprises 4
    property or adjoining              a) constitute a party house;             bedrooms and one kitchen area and is not suited to use for parties.
    properties;                        b) create noise that would
    b)     any likely increase in          unreasonably impact on the
                                                                                The design of the dwelling unit locates the outdoor recreation area to
    noise to adjoining                     residential amenity enjoyed by
    properties;                            the adjoining or surrounding         the north east where it adjoins a carparking area associated with a
    c)     the scale of the use            properties.                          motel and a play area associated with a child care centre. The
    and its compatibility with                                                  outdoor recreation is not considered to impact on the functioning or
    the character and uses                                                      amenity of these uses. It is noted that the child care centre operates
    within the property or                                                      Monday to Friday till 5.30pm with the highest level of use of the site
    surrounding area;                                                           likely to occur outside these hours. With regard to the adjoining unit
    d)     retention of the                                                     on site the outdoor deck is screened from view by fencing and
    primary residential function                                                screens.
    of an area;
    e)     the residential             AO6.3




        martoo consulting
         town planners + urban designers + development managers                                                                         page 10 of 15

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    function and arrangement           Buildings are designed and orientated
    of common property;                so that the majority of outdoor living   Refer above. Outdoor living areas adjoin a carparking area and play
    f)     the impact on the           areas face away from the habitable       area associated with a child care centre and area fenced and
    safety and efficiency of the
                                       areas    of    adjoining    dwellings.   screened from the adjoining unit on site.
    local road network;
    g)     the impact of waste
    storage areas on the visual
    amenity of the area;
    h)     the location of waste
    storage areas in relation to
    sensitive land uses; and
    i)     any impact on shared
    vehicular access or parking




                                       AO6.4
                                       Waste storage areas are screened
                                       and located to the rear or side of
                                       a building and are not located along
                                       any frontage to a public street or       Bin area located along side boundary and suitably screened
                                       space.



Visitor Accommodation Code

The proposal has been reviewed against the Visitor Accommodation Code with the relevant
Performance Outcomes addressed below:

Performance Outcomes                   Acceptable Outcomes                      Proposal Compliance

PO22                                   No acceptable outcome provided           Complies – existing dwelling unit is self contained.
Except where in the form of a
serviced apartment
or hotel room the short term
accommodation use is provided
with sufficient kitchen, dining,
laundry and common room
facilities to accommodate the
needs of visitors and resident
staff.
PO25                                   No acceptable outcome provided           Complies – the existing duplex dwelling was approved by Council as it
Short term accommodation in a                                                   complies with the relevant codes and was considered to be of an
single dwelling is limited to                                                   architectural style for the area.
formats compatible with the
character and use of the area so
as not to cause unreasonable                                                    The design of the unit results in the upper level bedrooms adjoining the
loss of residential amenity,                                                    bedrooms on adjoining site.
having regard to:
a) the privacy of residents on                                                  The outdoor living areas are located to the rear of the site and are
      the subject property or                                                   appropriately screened to adjoining premises. The outddor area adjoins a
      adjoining properties;                                                     carpark and child care centre and will limited impact on the privacy of these
b) any likely increase in noise
                                                                                areas.
      to adjoining properties;
c) the scale of the use and its
      compatibility with the                                                    The site is located in the Noosaville local area which contains a mix of
      character and uses within                                                 permanent and visitor accommodation. The area contains a mix of visitor
      the property or surrounding                                               accommodation and permanent units and the use of the dwelling unit for
      area;                                                                     visitor accommodation is compatible with the surrounding area
d) retention of the primary
      residential function of an                                                The use of the site for visitor accommodaiton will not impact on the road
      area;                                                                     network.
e) the impact on the safety
      and efficiency of the local
                                                                                Waste storage areas are located on site and are suitably screened.
      road network;
f) the impact of waste storage
                                                                                Carparking for 2 vehicles is available on site in the garage with the driveway



        martoo consulting
         town planners + urban designers + development managers                                                                               page 11 of 15

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     areas on the visual amenity                                  suited to tandem carparking.
     of the area or sensitive land
     uses; and
g)   any impact on shared
     vehicular access or parking.




Driveways and Carparking Code

The Planning scheme details the following carparking requirements for short term accommodation:

         dwellings—

                       ii)           if not a small dwelling— two spaces; and
                       iii)          one space per four dwellings.

The development provides a total of two spaces on site with a tandem space provided in the
driveway. The applicant indicates that this carparking will be sufficient for the use



Overlays

The site is mapped as being affected by the Natural Hazards Overlay and is within a Flood Hazard
area and an area of High potential Acid Sulfate Soils.

The Overlays do not impact on the proposal.




         martoo consulting
         town planners + urban designers + development managers                                        page 12 of 15

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5.0 State assessment and other matters

5.1 State interests
The proposal is for an urban activity within the Urban Footprint, and is located outside the Koala
Assessable Development Area. The proposal is compliant with the relevant State Regulatory
Planning Provisions.




     martoo consulting
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6.0        Conclusion
The above development application has been submitted to the Noosa Council as the Assessment
Manager of the application under the Planning Act 2016 This application seeks a Development
Permit for a Material Change of Use of Premises for a Short Term Accommodation in one unit of
an existing approved duplex dwelling, which is impact assessable development under the Noosa
Plan 2020.

This application can be supported on a number of grounds as provided in detail in the above
report. These grounds include:
             The Noosaville Local Plan Area is detailed as a major focus area for visitor
              accommodation;
             The site is located in an area that contains a mix of visitor and permanent
              accommodation;
             The outdoor living area of the unit adjoins a carparking area for a motel, child care
              centre play area and is screened from the other duplex unit on site;
             Upper level bedrooms of the unit are located opposite bedrooms of the adjoining
              residential units;
             Carparking is available on site that supports the development;
             The surrounding land uses and roadways to the site and the characteristics of the
              locality support the use of the site for short term accommodation.




      martoo consulting
      town planners + urban designers + development managers                              page 14 of 15

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7.0        Appendices

Appendix A - Proposal plans




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