2021-12-16 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                16 DECEMBER 2021


                      b. Additional visitor accommodation in the area is likely to result in detrimental
                         impacts on the residential neighbourhood and amenity of permanent
                         residents.
          4.     The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
                 (2) (e) & (f) of the Visitor Accommodation Code as:
                      a. The proposed short term accommodation will not integrate well into the area
                         given the extent of visitor accommodation in the area.
                      b. The proposed visitor accommodation is likely to detract from the amenity
                         enjoyed by residents given resident’s reasonable expectations for the area.
          5.     The proposal does not comply with Performance outcome PO3 (a) and (b) of the
                 High Density Residential zone code as there is the potential to overlook the private
                 open space of neighbouring properties from all balconies and unreasonably impact
                 on the amenity of those residents.
                 6.      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.



3   MCU16/0138.03 & OPW16/0257.03 - OTHER CHANGE TO A DEVELOPMENT APPROVAL
    FOR A MATERIAL CHANGE OF USE FOR 2 X MULITPLE HOUSING TYPE 2 - DUPLEXES
    AND OPERATIONAL WORKS (ENGINEERING WORKS AND LANDSCAPING) TO
    INCLUDE SHORT TERM ACCOMMODATION AT 1/113 GYMPIE TERRACE, NOOSAVILLE
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter 1/113 Gympie
    Terrace Noosaville as I have been involved with the Noosa Sea Scouts for 15 years in various roles.
    Noosa Sea Scouts is a neighbour to the subject site. In a previous role I was the Group Leader, which
    is the equivalent of an executive position within an incorporated association. In that role I had cause to
    deal with complaints from campers and caretakers in regard the unruly and late night behaviour of short
    term accommodation in another neighbouring property which was being used for short term
    accommodation. The Secretary of the Noosa Sea Scouts has made a submission opposing this
    development approval based on the potential impact on the campground as has been experienced from
    the neighbouring property. Although I have a declarable conflict of interest, I do not believe a reasonable
    person could have a perception of bias because I believe I no longer hold an executive position within
    the group and have no direct involvement in the campground management. The substantive issues of
    the group relate to matters more directly to the local law, therefore, I will choose to remain in the meeting
    room. However, I will respect the decision of the meeting on whether I can remain and participate in the
    decision.
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 7 December 2021 regarding Application No. MCU16/0138.03 and
    OPW16/0257.03 for an Other Change to a Development Approval for a Material Change of
    Use for 2 x Multiple Housing - Type 2 Duplex and Operational Works (Access, Stormwater,
    and landscaping) to include Short-term accommodation for Lot 1 on SP 308427, situated at
    1/113 Gympie Tce Noosaville and:
    A.    Refuse the application for the following reasons:
          1.   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 permanent housing in the area, impacting permanent resident
               amenity.
          2.   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:


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