Council Report MCU21 0087

MCU21/0087 - DEVELOPMENT application FOR A MATERIAL CHANGE OF USE – SHORT TERM ACCOMMODATION AT 51 Tingira crescent, sunrise beachocument information

Document information

Author	Development Planner, Will Koschade
Environment and Sustainable Development Department

Index	ECM/ Applications/ MCU21/0087

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Jane Elizabeth Davy
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	7 May 2021
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	17/09/2021
Number of Submissions	2 properly made 10 not properly made (12 objections)
PROPERTY DETAILS
Property Address	51 Tingira Cres Sunrise Beach Qld 4567
RP Description	Lot 49 RP 126837
Land Area	658m²
Existing Use of Land	Detached Dwelling
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential Zone
Precinct	Not applicable
Local Plan Area	Coastal Communities
Overlays	Landslide Hazard Overlay (Moderate Hazard Area)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 September 2021 regarding Application No. MCU21/0087 for a Development Permit for Material Change of Use at 51 Tingira Crescent, Sunrise Beach, and:
A.	Refuse the application for the following reasons:
The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further erode the dwelling units available for permanent housing in the area, impacting permanent resident amenity.
The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(n) and Performance Outcomes PO1, PO2 and PO15 of the Coastal Communities Local Plan Code as:
The extent of visitor accommodation has eroded the available supply of permanent housing in the local plan area; and
Additional visitor accommodation in the area is likely to result in detrimental impacts on the residential neighbourhood and amenity of permanent residents.
The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and (h) of the Medium Density Residential Zone Code as:
The proposal will contribute to the proliferation of visitor accommodation in the area and will further impact on the medium density residential neighbourhood being maintained as predominantly home to permanent residents.
The proposal seeks to establish a new short-term visitor accommodation facility within a detached house, and is not located within a well-established resort or holiday units.
The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code as:
i.	The proposed visitor accommodation is likely to detract from the amenity enjoyed by residents given resident’s reasonable expectations for the area.
There is no need for additional short term accommodation in the area.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
This application seeks a Development Permit to use the existing two storey detached dwelling for the purpose of Short-Term Accommodation. The dwelling has four bedrooms and would accommodate a maximum of 8 guests.
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.
Local contact person to respond to issues.
Restrict use of outdoor areas after 9pm.
The two-car garage and associated driveway will be available for carparking for guests.
No events or parties to occur on the premises.
The applicant has advised that no changes are proposed to the existing dwelling with all parts of the site to be available for the proposed use. The following images include Locality Plans and Floor Plans of the existing dwelling.

Figure 1 – Subject Site

Figure 2 – Locality Plan

Figure 3 – Ground Floor Plan

Figure 4 – First Floor Plan

site details
Background
There are no other recent development applications related to the subject site.
Site Description
A two-storey detached dwelling house is currently situated on the site. Pedestrian and vehicular access is from Sobraon Street with a double garage access from the driveway. The subject site is serviced by standard community infrastructure including electricity, bitumen roadways, reticulated water supply and sewerage, and waste removal.
Surrounding Land Uses
South: Residential: 3 attached dwellings (multiple dwelling development) abut the southern boundary of the subject site.
North: Tingira Crescent
East: Residential: 3 attached dwellings (multiple dwelling development) abut the eastern boundary of the subject site.
West: Sobraon Street.
assessment
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;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan 2020 to the extent the provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes a Strategic Intent and Strategic Outcomes which seeks to protect neighbourhoods of permanent housing from short term visitor accommodation that would impact on the amenity enjoyed by residents. The planning scheme also seeks to protect areas for visitor accommodation with a range of accommodation styles envisaged to support the local tourism industry.
The subject site is not located in a designated visitor accommodation area as it is zoned Medium Density Residential.  The area contains a mix of dwellings, multiple dwelling units and duplex dwellings, which are predominantly being used for visitor accommodation. While tourism is a key sector of the Noosa economy, the strategic outcome also seeks to protect neighbourhoods of permanent housing from short term visitor accommodation. There is a proliferation of dwellings in the area being used for short term accommodation and further short-term accommodation in the area is not needed and will only continue to further erode the neighbourhood.
Locality Provisions
The subject site is located in the Coastal Communities Local Plan Area and is zoned Medium Density Residential. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
Notably Part 1, section 1.5 of the Noosa Plan 2020 states local plan codes (i.e. Coastal Communities Local Plan Code) prevails over zone codes (i.e. High Density Residential Zone Code), use codes and other development codes to the extent of any inconsistency. This provides for different requirements to be established for different areas of the Shire but which may be zoned the same.
The Coastal Communities Local Plan Code, the Medium Residential Zone Code and Visitor Accommodation Code all contain requirements for short term accommodation. The relevant provisions are:
Coastal Communities Local Plan Code
7.2.6.2	Purpose and Overall Outcomes
(m)	Sites identified for tourist accommodation are retained and developed for that use to maintain a diversity and choice of visitor accommodation and affordability in the local plan area.
(o)	Development in the Medium Density Housing zones accommodates a greater diversity in housing types including dual occupancies, multiple dwellings, retirement facilities and residential care facilities.
PO1
Development enhances the role of the coastal communities as a beachside residential area which also include a considerable amount of visitor accommodation.
PO2
Development contributes to the lifestyle and amenity of residents and visitors in the coastal communities.
PO14
Development provides a diversity of types and styles of visitor accommodation to cater for a range of visitor experiences in close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent residential dwellings
Medium Density Residential Zone Code
Purpose and Overall Outcomes
(a)	Medium density residential neighbourhoods are predominantly home to permanent residents.
(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
(h)	Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
6.3.2.3	Assessment Criteria
Role and function
PO6 Visitor accommodation is limited to formats compatible with the character and use of the area so as not to cause unreasonable loss of residential amenity, having regard to: the privacy of residents on the subject property or adjoining properties; any likely increase in noise to adjoining properties; the scale of the use and its compatibility with the character and uses within the property or surrounding area; retention of the primary residential function of an area; the residential function and arrangement of common property; the impact on the safety and efficiency of the local road network; the impact of waste storage areas on the visual amenity of the area; the location of waste storage areas in relation to sensitive land uses; and any impact on shared vehicular access or parking.	AO6.2 Short-term accommodation does not: constitute a party house; create noise that would unreasonably impact on the residential amenity enjoyed by the adjoining or surrounding properties.
Visitor Accommodation Code
9.3.5.2	Purpose and Overall Outcomes
The purpose of the Visitor Accommodation code is to ensure visitor accommodation is appropriately located, designed and operated in a manner which meets visitor needs, protects and enhances landscape values, protects the amenity of surrounding premises and avoids conflicts with surrounding uses.
The overall outcomes sought for the Visitor Accommodation Code are:
Visitor accommodation is compatible with and benefits from Noosa Shire’s natural environmental values.
Visitor accommodation offers a wide range of experiences for guests both in coastal areas and in the hinterland.
Visitor accommodation is located and designed in a manner which sensitively responds to site characteristics.
Visitor accommodation does not detrimentally impact upon the biodiversity and natural landscape values of its setting.
The density and design of visitor accommodation integrates with the urban or landscape fabric of its particular locality.
Visitor accommodation located near permanent residents does not detract from the amenity enjoyed by residents.
Visitor accommodation does not impact on the ability of rural land owners to carry out agricultural pursuits.
Visitor accommodation provides high quality amenities and facilities commensurate with its setting, the types of accommodation supplied and the length of stay accommodated.
Visitor accommodation forms a key element of the local tourism industry.
Visitor accommodation provides for a wide range of visitors.
9.3.5.3	Criteria for assessment
Safety and Amenity
PO12
Sufficient on site car-parking is provided to accommodate the number and type of vehicles likely to be generated by the visitor accommodation having regard to the number of guests, staff or visitors.
The planning scheme prioritises the preservation of medium-density residential neighbourhoods for predominantly permanent residential dwelling units and seeks to protect the amenity of surrounding residential areas from the impacts of short term accommodation.
The Medium Density Residential neighbourhood relevant to the subject site is the area generally bound by Tingira Crescent (east), Orient Drive (south) and Orealla Crescent (west). This area is considered to form part of the same neighbourhood as residents would generally have a sense of association/community. This area is identified in the following image:

Figure 5 – Medium Density Residential neighbourhood
The above area is characterised by a mix of detached dwelling, duplexes and multiple dwelling unit developments in which a significant percentage of the dwelling units are used for the purpose of short term accommodation.
The following image details those properties within the Medium Density Residential neighbourhood which are being used for short-term accommodation (blue star):

Figures 6: Location of visitor accommodation within the medium-density residential portion of the neighbourhood

Figures 6: Location of visitor accommodation within the medium-density residential portion of the neighbourhood
Historically the Coastal Communities area, being located adjacent to the eastern seaboard, has contained a significant number of holiday houses and holiday units. However, over time properties used for short term accommodation has continued to increase and this has eroded the supply of dwellings available for permanent residents. More recently the ease and popularity of on-line booking platforms has further incentivised property owners to make properties available for short term accommodation which has further disrupted the supply of dwellings for permanent accommodation. It is noted that 23% of dwellings within the coastal areas are being used for the purpose of short-term accommodation, and more recently approximately 115 additional dwellings approved under superseded planning scheme requests, with numerous requests still to be decided.
Whilst the proposal is in part consistent with the Coastal Communities Local Plan in that it contributes to the provision of tourist accommodation the code does not seek to increase visitor accommodation in the medium density residential area and seeks to provide multi-unit accommodation for both permanents and visitors.
A significant number of dwellings within the area zoned Medium Density Residential are already used for visitor accommodation. Furthermore, there are numerous properties which have a development approval issued prior to the Noosa Plan 2006 which provides for the dwelling units to be used interchangeably for permanent or short-term accommodation.
Increasing visitor accommodation in this area is likely to further impact on the amenity of remaining permanent residents and impact on the availability of dwelling units for permanent residents.
There is no need for additional visitor accommodation in the area.
The proposal is also not consistent with the Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code and is likely to detract from the amenity enjoyed by residents given resident’s reasonable expectations for the area.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. A total of twelve submissions were received of which two are properly made and ten not properly made. The following table groups the matters raised by submitters and provides a summary/assessment.
Matters Raised	Comments
Amenity This proposal will impact residential amenity due to the associated noise, increased pressure on parking and the increasing conversion of residential areas into visitor accommodation areas.	The noise could be regulated with the code of conduct and property management conditions. Outdoor entertainment areas could be restricted to minimise noise at night. This does become a management issue which is difficult to control.
Community This is not a tourist accommodation zone and accordingly, the predominant fabric of the community should be long term residential occupants.	The Medium Density Residential Zone does allow for short term accommodation and therefore these uses are not limited to tourism accommodation zones under the planning scheme. There are however an abundance of visitor accommodation uses in the zone where the predominant use should be permanent residential.
Parking/traffic The local streets have limited on-street parking. Inappropriately parked visitor cars could significantly impede traffic flow and locals are being pushed out and unable to park on local roads they contribute to.	A double garage, and driveway provides sufficient area to park cars associated with the 8 visitors proposed to use the site and is consistent with the scheme’s car parking requirements for short term accommodation.
No demonstrated need for short term accommodation	Agreed – the medium density residential area within proximity of the site contains an extensive number of properties that are being used for the purpose of short term accommodation
conclusion & REASONS FOR DECISION
The application seeks to use a dwelling house for short-term accommodation purpose.
The proposal is contrary to the planning scheme which seeks to prioritise the preservation of medium density residential neighbourhoods for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation.
Whilst acknowledging that short-term accommodation has been identified as a consistent use within the applicable zone, the subject site is located within the Coastal Communities area, under which the Noosa Plan provisions do not seek to increase visitor accommodation and seeks to provide multi-unit accommodation for both permanents and visitors. As such, the proposal does not comply with a number of provisions of the Noosa Plan 2020.
There is no need for additional visitor accommodation in the area and the potential amenity impacts resulting from the use of the subject site for the purpose of short term accommodation is likely to further erode the residential amenity and neighbourhood for permanent residents in the area. Accordingly, the application is recommended for refusal.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Support		Director		Director
			Community Development		Financial Services
			Community Facilities		Fleet
			Libraries & Galleries		ICT
			Local Laws		Procurement
			Waste & Environmental Health		Property
					Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Director		Director		Director
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 13 of 13

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 SEPTEMBER 2021

[Attachment: image2.png (image text)]
arte,

Toes

bia
Z

7?
i a i
i)
1

ree
ae
ela oa

* 2
+. 2
iG va
A=)

=
tti.D,

LEY;

Soe ee
(eed

 


[Attachment: image3.png (image text)]
 

LEGEND

 

 
    
     
   

 

hat

>t
Jo norms: —+
a & ore ovo eto,
re yearn aww Tae wom tho sp em gp wom in son
[<r Moakd CORE FLLED CONCRETE BLOCK St 4

Se 6 STEEL POS SELECT FS BY CHER,
‘HOKE AAR COMPLYING RSTALED NO
omnecTED TO COnSMER NS OER
Seeoronce Win Bea? PuRT 72
(RL STI WL FORRECESS ETAL
AEOANCALXTUATEN

ere 8x

WOON NABER SEE SOEDULE
FRmoon cera
GOORNGER SE SOHEDAEFOR
Sonata

TMERROORCOERNG
TRERLOCRCOMERIS

PET ROR OOS
SAEDERUSEDCOCRTTE SS

gone eafoy O

 

 

SMOKE ALARMS TO BE
ag HARD WIRED AND,
8)

 

COMPLY WITH AS 3786

WET AREAS MUST COMPLY
WITH BCA 3.8 1 AND AS37490
aa |_| mmterras ces ono

fe ee we Dn
t ‘6100 400,
T

 

 

"90 1010 90 1110 99 1000 90

en eine seg
epi) eae
ee

 

‘948 m0 Foonmas To Be wsTAIcT

  

 

 

 

 

 

 

 

 

 

 

joe a0 =
=, WHITE DESIGNS _ GROUND FLOOR PLAN MR. J.& MRS J. HUMPHREYS joesoney: aw | oare 28.01.10
| wag, on esa PROPOSED RESIDENCE STNGIEAGRS D amnion BCO7
Sather ae ee
peer <8 Cbhlaecsas = SUNRISE BEACH SME 11100) ste 2 ot 10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image4.png (image text)]
a

®
°

©
0
©
3

LEGEND

mS tere vax

RoR STE
ne ose

ose oxox

pt CORE FLED COREE LOOK

So 6 STE POST SELECT FH BY OER)
‘AAS COMALYRG NSTALED NO

EoeecTtSTOGRMERMS TOMA}
SSaorawc WIM BAT OT 72

comeoMursom 8g
se WcA VENTIATEN

\WeOOW NABER SF SOE
Foumone
ogRMARER SE HEDAE FOR 8
oonoeTaL a
TMEERROOR ORNS

TRERLOORCOMENG
CARPET RORONERNG
ENED BRUED CONCRETE

 

 

 

 

 

 

 

 

 

08

+

 

 

 

 

 

 

 

+

 

 

 

 

 

 

 

i
S|

 

id

:

 

 

 

laf

eee

 

 

ig
ig

 

 

X

 

jslelaalal

 

 

 

 

 

 

 

 

{alee

 

 

 

 

 

 

 

i

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ds slaslelesisielele

 

|

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

at ‘axon

=

i OTE ALONE ATER METER. @HEDHED HED, Scans esc oat
= WHITE DESIGNS | FIRST FLOOR BN MR. J.& MRS J. HUMPHREYS oescney. aw | pate 28.01.10.

8 a 45 N

3 | Suh Se Sere aon PROroseD ase 51 TINGIRA CRS orawnoy aw | BCO7

__[FPone | bescnrnon [ov "Greensitart ‘eae SUNRISE BEACH SCE 1100/ or 3 of 10