L06 Response to submissions · 132007.2446.03

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     27 Nebula Street
     Sold April 2015 $690 000.00
     Valuation Estimator $1.600 000.00

     29 Nebula Street
     1990 sold $68 000.00
     Valuation Estimator $870 - $1.100 000.00

2.   Noise levels will increase. Existing noise disturbs residents – The main area of complaints
     relates to the use of the rear courtyard of the three units by the residents of the units. The
     applicant advises that the existing three units are lawfully established on site with each unit
     currently rented out as a self contained dwelling unit by related groups of people. The rear unit
     is generally rented by people who work both in town as well as the adjoining backpackers and
     is not part of Noosa Flashpackers. No individual beds are not rented out to travellers and
     tenants currently have a lease with the owner of the site.
     The applicant advises that as the units are currently being used as standard rental units is is
     difficult to enforce restrictions on how the units can be used by any tenants. The applicant has
     however advised that they have asked the tenants to be mindful of the neighbours and restrict
     any noise after 9pm.
     The applicant highlights that the new proposal proposes removal of the existing courtyard at
     the rear of the site adjacent to the neighbouring properties. The applicant also stresses that
     the application will involve the relocation of all common outdoor areas to the front of the site
     away from neighbours to a covered and walled area.
     The applicant advises that a recent discussion (17 August 2018) between the applicant and
     the neighbour of U1/25 Nebula Street has seen a trial move of a smoking area on the existing
     Flashpackers site, away from the rear of the hostel site which has resulted in a decrease in
     night time ambient noise. The applicant advises that as a result of further feedback from the
     neighbour the private downstairs rooms with outside courtyards of the hostel have now been
     designed non-smoking (removing ashtrays) and no music areas, with signs installed in each
     room to reinforce the need to respect neighbours and quiet areas after 9pm.
     Many of the complaints that are made in the submissions relate to the tenants of the units
     being noisy in their chatter and behaviour between 7pm and midnight since November 2016.
     The applicant acknowledges this, but respectfully advises it is not part of the hostel and as
     such has limited control over tenant behaviour. By becoming part of the hostel site as proposed
     the applicant will have total control over the use of the rear courtyard and staff behaviour after
     hours.
     Below is a copy of the police log that outlines the complaints received. The applicant advises
     that on four occasions management called the police due to the following:

        23/3/12     -   No offence detected - unacceptable behaviour of a guest
        21/8/12     -   No offence detected
        22/9/13     -   No offence detected - vagrant local woman trying to check in
        18/3/14     -   No offence detected
         3/3/15     -   No offence detected - Unacceptable behaviour of a guest
        18/5/15     -   No offence detected
         1/8/15     -   No offence detected - an Australian identified as ‘wanted by Police”
         7/9/15     -   No offence detected
        3/11/16     -   No offence detected - First night of 106 units rented
         8/7/17     -   No offence detected
        24/12/17    -   No offence detected
        16/2/18     -   Noise Abatement Direction given – no further complaints.
        21/5/18     -   No offence detected.

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     Based on the police logs, police have attended the site on 13 occasions however have only
     once found any noise to be excessive.

3.   No night manager on site - The submitters have indicated that on several occasions they
     have tried to contact the night manager over excessive noise however no manager has been
     on site. The applicant reiterates that the existing three units are not part of the approved
     backpackers and therefore there are no noise limitation requirements other than standard
     noise requirements applicable to that site.
     The applicant has advised that the manager is on duty at reception until 9pm and encourages
     guests at the hostel who want to party to use the 8.30pm hostel courtesy bus to take them
     into Noosa Junction or Noosa Heads for the night life scene. Flashpackers also have an
     arrangement with KB’s nightclub and Soda Nightclub at The Reef Hotel for exclusive pick up
     of any guests wanting to party. The manager lives on site and is around the hostel premises
     but does not carry the phone with them. The Applicant acknowledges this as an overlooked
     procedure that could easily improve relationships with neighbours and curtail any real or
     perceived noise issues before escalating to be of a nuisance. Management will look to
     introduce this new procedure going forward.

4.   Partying ruckus on site disturbs neighbours - The applicant advises that there is strict
     adherence to no music (amplified or not) after 9pm. This is strictly enforced. As detailed
     above most complaints relate to the tenants of the units talking quietly in the back courtyard.
     The applicant however accepts that guests talking outside whilst at the rear of the hostel has
     potential to create a low level of disruptive noise. The applicant has reacted immediately to
     endeavour to improve this potential by moving the night-time smoking area and chairs away
     from the neighbouring property boundary. Furthermore, the applicant reiterates the proposed
     plans to have all night-time use areas at the street front away from all adjoining properties
     which will achieve the best result for all. The Applicant also advises an immediate change to
     on site night lighting and has reduced night time security lights to turn off earlier at 10pm,
     again encouraging the idea of a quiet, respectful attitude and use which is already displayed
     on signs around the hostel.

5.   Parking in the street – The applicant advises that it is unlikely that their guests park in Nebula
     Street as this area is generally used by the renters of the units in that area.
     The applicant has been told previously by the same neighbours that cars parked in Nebula
     Street include AirBnB renters from 1/45 Solway Drive, Airport transfer business cars
     belonging to a neighbour in Solway Drive as well as school mums and dads. The applicant
     notes that over 85% of Noosa Flashpacker guests arrive by interstate coach and use the
     Hostel Courtesy bus. (Figures on Flashpacker bus use are available if required).

6.   Security of our home with strangers coming and going – This is not a relevant planning
     ground and the submitters have not provided any evidence that backpackers are dangerous
     and a threat to the community.
7.   How can a nursery change to a backpackers overnight? Noosa Flashpackers was approved
     in 2009 after an application was lodged and assessed by Council. This application was
     publically advertised with 2 submissions received from properties to the south of the approved
     hostel. The proposal was consistent with the provisions of the Noosa Plan that detailed the
     site was suitable for a visitor hostel. The use therefore did not occur overnight.
8.   Old business hub approved in this locality however business failed due to access. – There is
     no basis to this comment and it is not relevant. The existing businesses in the area have not

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          failed due to access. The Vet is open for business and is understood to be going well, whilst
          the nursery closed when the former owners retired.
   9.     Future extension to the vet site – There is no basis to this comment and it is not relevant.
   10.    Fencing and upgrade to site have already been undertaken.- In response to a friendly chat
          with the neighbours the applicant has advised that a high fence to act as an acoustic barrier
          was suggested and agreed to. The applicant undertook this work clearing the remains of a
          small rotted fence and weeds and installing a 2.1m high timber fence at their cost. This was
          out of respect for the neighbour at the earliest possible moment and needed to be done
          regardless of the application.
          Other general maintenance including building repair and gardening to the site that was
          required for general upkeep or upgrading has been and continues to be done and is not
          relevant to the application.

   11.    Should move to the Junction and leave our quiet suburb alone/ Wrong location for a
          backpackers as patrons have to walk from the Junction - Comments about a quiet suburb are
          questioned as the site is located across from a school and motel and is near a busy
          intersection.
          The site is well located for backpackers as it is close to both north and south bus stops, has
          good pedestrian and cycle paths and is in an easy walk to the Noosa Junction or the beach.
          The Noosa Plan does not nominate any new areas in Noosa Junction for Visitor
          Accommodation of any sort. Further the proposal seeks to amalgamate one adjoining lot
          currently used for 3 units into any existing identified and approved Visitor Accommodation
          site that has been operating for over 8 years. It is noted that the subject site and existing
          hostel are located on the edge of the suburb of Sunshine Beach, are on a main road and are
          similarly aligned with the other uses such as the Motel located across the road.

My client stresses that some of the accusations presented in the submitter’s letters raise spurious claims
about noise which have generally related to tenants of the existing units talking in their backyard. The
applicant has however carefully considered the matters raised in the submissions and wishes to advise
that they will undertake the following:

    1. Night manager to have the Reception phone on them to answer from 9pm to midnight. From
       midnight it will be diverted to a Security team response number.
    2. Introduce a Night ‘security’ type person between 9pm and midnight to keep control of the
       ambient noise levels potential.
    3. Remove all seating from the rear of Unit 3.


Please contact me at our Sunshine Coast office if you have any queries or require any further
information.

Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty ltd