20220728 Ltr Negotiated Decision Notice 17-19 Noosaville

The room design in the smaller 2 bed type enables this unit type to be adapted to meet the changing
needs of the community and households, which aligns with the objective of PO80. The product type
also sits at a lower price point than a traditional 2 bedroom product. Limiting the way the room can be
used limits the adaptability and flexibility of the unit layout.

Discussion

It is intended that the room the subject of Condition 5 can be used for a variety of habitable purposes
at the occupant’s or owner’s discretion, including as a study, media room, napping or guest bedroom
or as a dedicated bedroom for an occupant.

The design of the room allows large sliding windows to capture natural light and ventilation to the
space from adjoining rooms and areas. That window measures 2,300mm long by 600mm high with an
area of 1.382m2 for a room of 9.6m2. A 1,500mm high wall provides both privacy and the required
acoustic rating for occupants’ comfort.

Assessed against the Building Code of Australia, the rooms which Condition 5 seeks to regulate,
qualify as habitable rooms which are able to be used for all the purposes proposed, including a
bedroom.

For the reasons we discuss below, we think that Condition 5 is both unlawful or alternatively not
imposed for a proper planning purpose that can be properly discerned from the Noosa Plan 2020.

There are a few things to note.

First, for the purpose of section 65(1)(b) of the PA, we are unable to discern a change that the proposed
development is likely to produce for which the condition might be considered reasonable response.

Secondly, whilst a condition may nevertheless be relevant if it maintains proper standards in local
development or in some other legitimate planning sense, we have been unable to discern such a
purpose from a review of the Noosa Plan 2020.

The Council identifies PO8 of the Sustainable Building Design Code as the genesis for Condition 5 and
this is disagreed.

The Sustainable Building Design Code does not specifically refer to bedrooms, as opposed to other
habitable rooms, in its provisions. That outcome is to be contrasted with other assessment
benchmarks within the Noosa Plan 202011.

As for PO8 of the Sustainable Building Design Code, there is no element which could be said to be a
proper foundation for Condition 5 because:

5.      most of the provisions of PO8 are focussed on considerations other than internal elements of
a building – PO8(a), (b), (c), (d) and (f); and

       of the elements of PO8 that contain reference or could be reasonably said to apply to internal
       elements of a building, all apply equally to whether the room is used for a bedroom or some
       other habitable space, for example PO8(e), (g), (h) and (i).




 For example, AO6.2 of the Caretakers Accommodation, Dwelling Unit and Rural Workers Accommodation
11

Code, PO5 of the Dual Occupancy and Multiple Dwelling Code, AO17(b) of the Special Residential Code