Council Report MCU20 0115

MCU20/0115 - application for MATERIAL CHANGE OF USE for short term accommodation at 3 robert street, noosaville

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU20/0115

Attachments	1.	Proposal plans

APPLICATION DETAILS
Applicant	Borilola Pty Ltd
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	19 October 2020
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	11 February 2021
Number of Submissions	Nineteen (19)

PROPERTY DETAILS
Property Address	3 Robert St, Noosaville Qld 4566
RP Description	Lot 3 RP 87781
Land Area	718m²
Existing Use of Land	Residential Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Medium Density Residential
Overlays	Land Subject to Acid Sulfate Soils Overlay Flood Hazard Overlay
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 9 February 2021 regarding Application No. MCU20/0115 for a Development Permit for Material Change of Use - Short-term accommodation situated at 3 Robert St, Noosaville and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
16-37 (Sheet 1 of 7)	-	Ground Floor	03/10/2017
16-37 (Sheet 2 of 7)	-	Elevation A & B	03/10/2017
16-37 (Sheet 3 of 7)	-	Elevation C & D	03/10/2017
16-37 (Sheet 4 of 7)	-	Cross Section A-C	03/10/2017
16-37 (Sheet 5 of 7)	-	Slab Setout	03/10/2017
16-37 (Sheet 6 of 7)	-	Bracing Plan Lower Floor N3	03/10/2017
16-37 (Sheet 7 of 7)	-	Site Plan	03/10/2017
Currency
This development approval lapses if the use has not happened by 18 February 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The total number of bedrooms on the site must not exceed 4.
No more than 8 guests may occupy the premises at any time.
All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm each night.
The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
Amenity
8.	The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
9.	Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short term accommodation.
10.	All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
11.	Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
12.	Waste containers must:
a.		At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
b.	Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
c.	Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container.
Contact Person
13.	Prior to the commencement of the use written confirmation must be provided to Council confirming:
a.	the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
b.	that the contact person is available 24 hours a day, 7 days a week; and
c.	that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and
d.	that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries.
14.	A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
15.	A code of conduct must be developed and provided to all users and occupants of the short term accommodation, including any website or social media used to promote the use of the premises for short term accommodation.
16.	The code of conduct must advise all users of the premises:
a.	That the use of the premises must not:
i.	detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or
ii.	cause a nuisance (including a noise nuisance);
iii.	display unacceptable behavior including:
a.	loud aggressive behaviour;
b.	yelling, screaming, arguing; or
c.	excessively loud cheering, clapping and singing.
iv.	create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise).
b.	That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility.
c.	That each vehicle used by a user of the premises must:
i.	be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
ii.	be parked within the parking facilities at the premises where provided.
d.	That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container.
e.	That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
f.	That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
g.	The nature and extent of the approved use as detailed in conditions numbers 4 to 7 of this development approval.
17.	The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
18.	The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
19.	The contact person must respond to all complaints within 30 minutes of notification of a complaint.
20.	The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following:
a.	on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis:
i.	the number of adults who are users of the premises; and
ii.	the number of minors, an individual who is under 18, who are users of the premises.
b.	the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended.
21.	The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
i.	the written record of complaints referred to in condition 18; and
ii.	the register referred to in condition 20
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant proposes to utilise the existing 4 bedroom single storey dwelling for short term accommodation. No changes are proposed to the existing building with all parts of the site 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 applicant advises:
The outdoor area (patio) and pool area are located adjacent to the Robert Street frontage.
The outdoor patio area is roofed and enclosed on three sides.
Holiday units known as Como are located directly opposite the site.
Three bedrooms are located at the rear of the property.
The property is fully fenced and landscaped.
A copy of the proposal plans are included as Attachment 1.
The subject site and surrounding locality are detailed in the following aerial photographs:

Figure 1: Subject site

Figure 2: Subject site
The site and floor plans of the existing dwelling are detailed below:

Figure 3: Site plan

Figure 4: Floor plan

site details
Background
In November 2017 Council provided a siting variation for the dwelling to be constructed 1.9 metres from the rear boundary, construction of the dwelling house was finalised in April 2018.
Site Description
The subject site is a square shaped lot located on the western side of Robert Street, Noosaville and described as Lot 3 on RP87781. The site contains a contemporary residential dwelling with boundary walls along common boundaries with adjoining neighbours.
Pedestrian and vehicular access is from Robert 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.
Surrounding Land Uses
North: 	Residential dwelling and car parking area of duplex dwelling. The adjoining residential dwelling contains an outbuilding which appears to have been converted from a garage to a habitable room.  A recent planning application has been lodged for this site seeking approval to develop a new dwelling with a garage proposed to be located adjacent to the pool on the subject site.
South:	Residential dwelling
East:		Sonoma unit complex – mix of permanent and holiday units
West:	Como Holiday Resort
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;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 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 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 to the extent the provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek that neighbourhoods of permanent housing are protected from short term visitor accommodation that would impact on the amenity enjoyed by residents and that the planning scheme protects areas for visitor accommodation with a range of accommodation styles envisaged to support the local tourism industry.
The planning scheme regulates where short term accommodation may occur within residential zoned land and includes provisions which seek to protect the amenity of the surrounding area.
The strategic intent is to limit visitor accommodation in traditional residential neighbourhoods of detached dwellings, but allow it in higher density areas typically zoned for unit developments and located generally closer to centres, facilities and services. The proposed short term accommodation supports Noosa’s tourism industry and provides an alternative form of visitor accommodation to resort, motel development etc.
The proposal is consistent with the Strategic Framework as it is located within a higher density area, in close proximity to the tourist and recreational activities on Gympie Terrace and the Noosa River.
Locality Provisions
The subject site is located in the Noosaville 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.
The Medium Density Residential Zone Code and the Noosaville Local Plan Code both include provisions which address the potential impacts of short term accommodation. The relevant provisions are:
Medium Density Residential Zone Code
6.3.2.2	Purpose and Overall Outcomes
(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.
6.3.2.3	Assessment Criteria
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.
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.
Noosaville Local Plan Code
7.2.4.2		Purpose and Overall Outcomes
(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.
(s) 	Development in the Medium Density and High Density Housing zones accommodates a greater diversity in housing types including dual occupancies, multiple dwellings, retirement facilities and residential care facilities.
(t)	Development ensures permanent residents of Noosaville enjoy high levels of residential amenity and accessibility to urban services and recreational opportunities
Low Density Housing Code
9.3.1.1	Purpose and Overall Outcomes
(1)	The purpose of the Low density housing code is to ensure dwelling houses, community residences, rooming accommodation and short term accommodation (where no more than one detached dwelling on the site):
are appropriately located;
achieve a high level of comfort and amenity for occupants;
maintain amenity and privacy of neighbouring residential premises; and
are compatible with the character and streetscape of the local area.

The planning scheme prioritises the preservation of areas which are predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short term accommodation.
Whilst acknowledging that there are a number of permanent residential dwellings within the surrounding area it is also noted that a number of visitor accommodation facilities are located within the surrounding area which are within close proximity to the site. These include Sandy Beach Resort, Sunset Cove Noosa Holiday Resort, Coral Beach Noosa Resort, Noosa Breakaway Holidays, and Noosavillage River Resort. Furthermore, there are numerous properties which are currently being used for short term accommodation as evidenced by Airbnb listings.
The following images detail the location of these facilities:

Figure 5: Location of visitor accommodation within proximity of the site

Figure 6: Location of available Airbnb properties within proximity of the site
It is acknowledged that the use of premises for short term accommodation has the potential to have a significant impact on the amenity of the surrounding residential area. These impacts are often attributed to noise, car parking and waste disposal. The requirement for a development application for short term accommodation provides the opportunity to regulate the use of the site so as to mitigate these potential impacts.
The following is noted in this respect:
Outdoor areas including pool and patio are located to the front of the site adjacent to the Robert Street and generally separated from surrounding properties by the dwelling. It is noted that the pool is situated adjacent to the adjoining boundary of the residential dwelling to the north, an outbuilding, which appears to have been converted into a habitable room. It is important that the use of the adjacent pool/outdoor area is managed to mitigate amenity issues, accordingly conditions are recommended to address the use of outdoor areas. It is noted that a recent development application has been lodged for this site which will locate a garage adjacent to the common boundary;
The internal areas adjacent to the rear boundary are bedrooms which will generate limited noise;
The dwelling unit has a double enclosed garage with space for 2 additional vehicles to park on the driveway therefore complies with the Driveways and Car parking Code requirement for 2 car parking spaces;
The unit has its own dedicated waste storage area adjacent to the side boundary and screened to address the potential for impacts on visual amenity; and
The site is situated within the Medium Density Residential Zone in which dual occupancies and multiple dwelling developments are consistent uses subject to code assessment. In this regard, the site could be developed with a higher density of occupancy than is currently proposed which would may amplify car parking and noise impacts associated with the increased numbers of bedrooms/persons who could otherwise occupy the site.
Accordingly conditions are recommended to address potential amenity impacts. These generally align with the measures proposed by the applicant and additionally limiting the number of guests to 2 persons per bedroom, prohibiting the use of outdoor areas after 9pm and requiring a register of complaints to be maintained.
cONSULTATION
Referral Agencies
The application was not required to be referred to any Referral Agencies.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. Nineteen (19) properly made submissions were received, eighteen (18) of which were raising issues of objection, one (1) submission in agreement that the proposed use suited the neighbourhood. The location of the objectors in relation to the subject site is identified in the following image:

Figure 7 – Location of Submitters
Matters Raised	Comments
Area is predominantly permanent residential – short term accommodation will create issues associated with noise, car parking, rubbish and loss of sense of community Pattern of development has been short term on eastern side of Robert Street and permanent residential on western side Reduction in  stock of permanent residential accommodation Approval of this application will create a precedent for the surrounding area which is primarily permanent residential  There is no need for more holiday renting in Noosaville.	The surrounding area is a mix of permanent residential and visitor accommodation predominately permanent residential with generally limited delineation between the two uses. The proposed site is adjacent to three (3) short-term accommodation uses (Como Noosa Luxury Riverside Apartments, Sunset Cove Noosa Holiday Resort and Coral Beach Noosa Resort) and backs onto the Noosa Breakaway Holiday units. Short-term accommodation is considered a consistent use for the applicable zone. Furthermore, the Short-term Accommodation proposal does not prevent the site from being used for permanent residential accommodation in the future.
Robert Street is already congested due to overflow from Gympie Terrace The proposed use will contribute to excessive on-street parking and potentially damaging grassy verges.	The proposed premises consists of a double bay garage and driveway that can provide off-street car parking for guests. There is still potential that on-street car parking can occur, however this is no different to if the property is being used as a dwelling house. The proposed use will be conditioned to have a maximum amount of eight (8) guests. The amount of traffic generated from the proposed use is to be similar to a dwelling house.
Already experiencing noise nuisance from a nearby property and don’t want further noise or disruption The premises will not have an onsite manager to control noise level of the guests. The recreation open space of the property is located along the frontage which increasing the chance of noise being an issue.	Noise nuisance is not acceptable in any short-term accommodation use and is investigated on a complaint basis. It is recommended that conditions be included address noise impacts of the proposed use including that outdoor areas are not used after 9PM. It is also recommended that the proposed use include a condition requiring an offsite manager that must be contactable 24hrs a day, and resolve any complaint within 30 minutes. The contact details of the property manager must be displayed at the front of the premise.
Will negatively impact property values	Monetary reasons are not accepted as valid factors in the consideration of a Development Application.
Increase risk of damage to properties by drunk guests.	Damage to property from individuals are a criminal matter and should be notified to the police.
conclusion & REASONS FOR DECISION
The application seeks to use a dwelling house, situated within the Medium Density Residential Zone, for the purpose of short term accommodation. The key issue associated with the assessment of the application is the potential for detrimental impacts on the amenity of the surrounding residential properties. Whilst acknowledging that short term accommodation has the potential to impact on the amenity of the area the proposed use has been identified as a consistent use within the applicable zone and an extensive suite of conditions are recommended to address the operation of the use to preserve the amenity of the area.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	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
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 FEBRUARY 2021

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