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DA MCU STA - 307 Louis Bazzo Rd - Planning Report
Town Planning Report Application for a Development Permit for a Material Change of Use to Establish a Short- term Accommodation Use 307 Louis Bazzo Drive, Pomona Qld 4568 Lot 179 on RP899995 CYNTHIA ALEXANDER
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Page 2
Table of Contents
Important Note 1
1. Summary 2
2. Application Information 3
3. Development Intent 4
4. Characteristics of Site and Surrounds 6
4.1 Site Characteristics 6
4.2 Existing Detached Dwelling 8
4.3 Surrounding Land Uses 8
4.4 Current Registered Landowner 9
5. State Planning Interests 10
5.1 Planning Act 10
5.2 Referral Agencies and State Development Assessment Provisions 10
5.3 State Planning Policy 12
5.4 South East Queensland Regional Plan 2017 13
6. Noosa Council Planning Scheme Considerations 14
6.1 Land Use Definition 14
6.2 Zone 14
6.3 Level of Assessment 14
6.4 Local Plan 14
6.5 Applicable Development Codes 14
6.6 Applicable Overlay Codes 17
6.7 Planning Scheme Polices 18
6.8 Discretionary Matters 18
7. Conclusions 20
List of Figures
Figure 1: Site Location 6
Figure 2: Cadastral Map 7
Figure 3: Council Zone Map 8
Figure 4: State-Controlled Road Environment Overlay 10
Figure 5: Native Vegetation Overlay 12
Figure 6: SEQ Regional Plan Land Use Category Map 13
Figure 7: SEQ Regional Plan Land Use Category Map 18
List of Tables
Table 1: Application Information 3
Table 2: Project Team and Appendices 3
Table 3: Surrounding Uses 9
Table 4: Criteria for Assessment – Short-term Accommodation (Table 9.3.5.3) 16
List of Photographs
Photograph 1: Existing Detached Dwelling.......................................................................................................... 4
Photograph 2: View from NW of Dwelling ............................................................................................................ 4
Photograph 3: Alfresco Conversation Area ......................................................................................................... 5
Photograph 4: Fenced Pool ..................................................................................................................................... 5
Photograph 5: Detached Dwelling and Shed, Driveway to Undercroft Parking ....................................... 8
Photograph 6: Existing Driveway and Access Arrangements ........................................................................ 11
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Cynthia Alexander (“Client”) for the specific
purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim
arising out of or incidental to a Third Party; and
• publishing, using or relying on the facts, content, opinions or subject matter contained
in this report.
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
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1. Summary
Cynthia Alexander (the Applicant) has engaged RG Strategic to seek development approval for a
code assessable application for a Material Change of Use (Short-term Accommodation) on the site.
Refer to the Site and Floor Plans enclosed within Appendix A.
The subject site consists of a large and irregular parcel of land, divided in two by road reserve, and
contains a detached dwelling and ancillary structures. The subject site is located at 307 Louis Bazzo
Drive, Pomona 4568, and is formally described as Lot 179 on RP899995.
The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Material Change of Use is permitted.
This planning report provides details of the nature of the proposal, describes the site characteristics
and surrounding land uses, and provides a statutory assessment against the intent of the Noosa
Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the Noosa Plan 2020; and
• A conclusion that provides summary grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Form and
appendices. The proposed Short-term Accommodation use is consistent with the intent of the
Noosa Plan 2020 for the subject lands and warrants approval subject to reasonable and relevant
conditions.
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2. Application Information
Table 1: Application Information
Address 307 Louis Bazzo Drive, Pomona Qld 4568
Real Property Description Lot 179 on RP899995
Land Area 5.0812ha
Local Authority Noosa Council
Current Use Detached dwelling
Planning Scheme Noosa Plan 2020
Locality N/A
Zone Rural Zone
• Rural Zone Code,
Relevant Codes and • Visitor Accommodation Code,
Overlays • Works Codes, and
• Bushfire Hazard Overlay Code.
Applicant Cynthia Alexander
Type of Application Material Change of Use
Level of Assessment Code Assessable
SARA Referral State-controlled Road
Table 2: Project Team and Appendices
Town Planning RG Strategic
Site Plan RG Strategic Appendix A
Floor Plans Drafting Concepts Appendix A
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3. Development Intent
Cynthia Alexander (the applicant) is seeking a Material Change of Use on the land located at 307
Louis Bazzo Drive, Pomona 4568. The applicant proposed to utilise the existing two storey detached
residential dwelling for Short-term Accommodation. No changes are proposed to the existing
dwelling 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; and
• The two-car undercroft garage and associated driveway will be available for carparking
for guests.
In support of the proposal the following is noted; as depicted in Photographs 1 to 4.
• The dwelling is located on a large parcel of rural land surrounded and screened by mature,
dense vegetation;
• The dwelling and associated facilities (pool) are appropriated located away from the
adjoining rural allotments; and
• The property is fully fenced and landscaped.
The applicant intends to utilise the subject property for their family as a holiday home. During the
periods that they are not staying in the Noosa region, the applicants wish to holiday let the property.
The existing dwelling consists of four (4) bedrooms, two (2) bathrooms, pool, wrap around decks and
open plan living areas on the first floor.
Photograph 1: Existing Detached Dwelling Photograph 2: View from NW of Dwelling
Source: RG Strategic Source: RG Strategic
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Underneath, there is space for two (2) vehicles to be garaged in the undercroft, as well as enclosed storage areas and the laundry. A fenced pool and outdoor conversation area adjoin the dwelling on the west, as well as a 3-bay shed which houses the associated maintenance equipment. Four (4) large water tanks service the property. Photograph 3: Alfresco Conversation Area Photograph 4: Fenced Pool Source: RG Strategic Source: RG Strategic RG Strategic Town Planning Report – Short-term Accommodation 5
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4. Characteristics of Site and Surrounds 4.1 Site Characteristics The land which is the subject of this report (i.e., the subject site) is located at307 Louis Bazzo Drive, Pomona QLD 4568; legally described as Lot 179 on RP899995. Refer to Figure 1 Site Location and Figure 2 Cadastral Map. The subject site consists of a large and irregular parcel of land, divided in two by road reserve, and contains a detached dwelling and ancillary structures. The total land area of the allotment is 5.0812ha. Figure 1: Site Location Source: NearMap RG Strategic Town Planning Report – Short-term Accommodation 6
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Figure 2: Cadastral Map Source: QLD Globe RG Strategic Town Planning Report – Short-term Accommodation 7
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4.2 Existing Detached Dwelling The existing detached dwelling is a traditional Queenslander style with a pitched corrugated roof and deep shading external verandas of all four sides of the house as illustrated in the below Photograph. Undercroft parking is provided for guests, and the 3-bay garage and parking area is conveniently located as visitors enter the property. Photograph 5: Detached Dwelling and Shed, Driveway to Undercroft Parking Source: RG Strategic 4.3 Surrounding Land Uses As illustrated in Figure 3, the surrounding area predominately encompasses large rural allotments. Figure 3: Council Zone Map Source: Noosa Plan 2020 RG Strategic Town Planning Report – Short-term Accommodation 8
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Table 3 details the surrounding land uses immediately adjacent to the subject sites. Table 3: Surrounding Uses North Road reserve South Louis Bazzo Drive East Road reserve West Detached dwelling 4.4 Current Registered Landowner Cynthia Alexander is the current landowner of the subject site and is confirmed by the Certificate of Title and written consent from the registered owners is enclosed with this application. RG Strategic Town Planning Report – Short-term Accommodation 9
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5. State Planning Interests The following is an assessment of how the proposed development addresses the relevant statutory planning documents. 5.1 Planning Act The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development applications are assessed. The development application is made in accordance with s.51 of the Act. 5.2 Referral Agencies and State Development Assessment Provisions Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) DA online mapping system has confirmed the following Matters of State interest. State Transport Part of the subject site is within 25 metres of a state transport corridor (state-controlled road) as depicted within Figure 4. Figure 4: State-Controlled Road Environment Overlay Source: DSDIP DAMS RG Strategic Town Planning Report – Short-term Accommodation 10
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This application triggers assessment against the State Development Assessment Provisions – State
Code 1 Development in a state-controlled road environment. The proposed Short-term
Accommodation use has been assessed against the relevant Acceptable Outcomes contained
within the SDAP’s State Code 1. The proposal meets the outcomes sought by the Code as the
development:
• Is located within an existing detached dwelling;
• Does not require any changes or alterations to the existing dwelling;
• Will be accessed by the existing vehicle crossover, and no alterations or changes
to the existing ingress and egress arrangements are required;
• Does not require new access arrangements;
• Does not require any further buildings or structures to be built within the corridor;
• Is not visible from the state-controlled road;
• Does not require any filling, excavation or retaining structures;
• Will have no impact on the existing stormwater and drainage infrastructure;
• Is not located on land required for planned upgrades of a state-controlled road;
and
• Will not result in any negative impact upon the state-controlled road.
The proposed Short-term Accommodation use complies with the relevant Performance and
Accepted Outcomes contained within State Code 1.
Photograph 6: Existing Driveway and Access Arrangements
Source: RG Strategic
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Native Vegetation Parts of the subject site is identified as containing vegetation which is of biodiversity significance as depicted within Figure 5. Assessment against the relevant Codes of the SDAP is not required as the proposed Short-term Accommodation use is located within an existing detached dwelling. No further structures or clearing of vegetation is required or proposed. Figure 5: Native Vegetation Overlay Source: DSDIP DAMS 5.3 State Planning Policy The State Planning Policy (SPP) provides the legislative guidance with regard to the Queensland Government’s policies and matters of state interest for land use for the purposes of planning development. The SPP applies to development assessment should the local planning instrument (planning scheme) not appropriately integrate the SPP. Where there is any inconsistency with the planning scheme the SPP prevails. Part 2 of the Noosa Plan 2020 states that the “Planning Minister is satisfied that the State Planning Policy (SPP) dated July 2017 is appropriately integrated in the Noosa Council's planning scheme”. Therefore, assessment against the SPP is not required. RG Strategic Town Planning Report – Short-term Accommodation 12
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5.4 South East Queensland Regional Plan 2017 The South East Queensland Regional Plan 2017 (SEQRP) guides land use and development in the region. The subject land is located inside the Regional Landscape and Rural Production Area of the SEQRP (refer Figure 6 below). As detailed within this report above, the proposed development is consistent with the intent of the regional policies and desired outcomes for the SEQRP. Additionally, the planning and land use outcomes contained within the Regional Plan and the State Planning Policy applying to the land are generally reflected in the Noosa Plan 2020 in accordance the Planning Act 2016. Figure 6: SEQ Regional Plan Land Use Category Map Source: DSDIP DAMS RG Strategic Town Planning Report – Short-term Accommodation 13
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6. Noosa Council Planning Scheme Considerations
The subject site is located within the Rural Zone and the proposed Short-term Accommodation use
is subject to assessment under the Noosa Plan 2020. The following is a review of the proposed
development under the Noosa Plan 2020.
6.1 Land Use Definition
The Noosa Plan 2020 defines Short-term Accommodation as:
(a) means the use of premises for
(i) providing accommodation of less than three (3) consecutive months to tourists or
travellers; or
(ii) a manager’s residence, office, or recreation facilities for the exclusive use of guests,
if the use is ancillary to the use in subparagraph (i); but
(b) does not include a hotel, nature-based tourism, resort complex or tourist park
6.2 Zone
The Noosa Plan 2020 identifies the site within the Rural Zone.
6.3 Level of Assessment
Within Part 5 of the Noosa Plan 2020, Table 5.5.13 – Rural Zone prescribes that the proposed Short-
term Accommodation is subject to Code assessment.
6.4 Local Plan
The subject site is located outside of a Local Plan Area.
6.5 Applicable Development Codes
As identified in Section 7.3 of this report, the proposed Short-term Accommodation use is Code
Assessable within the Rural Zone. Having regard to the proposed use and location, this planning
assessment will focus on those codes which are of relevance. The following Development Codes are
applicable to the proposed use:
• Rural Zone Code,
• Visitor Accommodation Code, and
• Works Codes.
The abovementioned development codes are considered below.
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Rural Zone Code
The overall outcomes sought for the Rural Zone that are relevant to the proposed development are
as follows:
(b) provide for other uses and activities that are compatible with:
(i) existing and future rural uses and activities; and
(ii) the character and environmental features of the zone; and
(h) The establishment of outdoor recreation and small-scale tourism facilities in suitable
locations is facilitated in a manner that does not significantly compromise the rural
productivity or ecological values of the land.
(i) Visitor accommodation complements rural uses and promotes the sustainable use
of rural land.
(j) Houses or outbuildings may be available for short term guests where there is no
resultant changes to the rural amenity or rural production of the area.
The Short-term Accommodation use is proposed to be located in an existing dwelling that
complements the scale and bulk of rural development in the area. No additional structures or
changes to the existing facilities are required as part of the proposed use. The proposed use will not
compromise the ecological values of the land or have any impact on the rural productivity of the
surrounding lands.
The proposed Short-term Accommodation use allows for visitors to the region to experience and
enjoy the Noosa Hinterland. The hinterland communities of Pomona, Boreen Point and Cooroy are
within proximity to the subject site. The use of the subject site for visitor accommodation will not
prejudice the outcome of the zone as there are still areas in the locality available for rural uses.
Visitor Accommodation Code
The proposed Short-term Accommodation use has been assessed against the Visitor
Accommodation Code and is considered to comply with the intent of the Code’s Purpose and
Overall Outcomes. The design and siting of the existing dwelling minimises the potential for the
Short-term Accommodation to impact on the surrounding residents through the provision of
sufficient carparking, screening by vegetation, and remoteness of the house from the property
boundaries. The relevant Performance Outcomes are detailed in Table 4.
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Table 4: Criteria for Assessment – Short-term Accommodation (Table 9.3.5.3)
Performance Outcomes Acceptable Outcomes Applicant’s Response
PO22 No acceptable outcome Complies
provided.
Except where in the form of a The detached dwelling is self-
serviced apartment or hotel contained.
room the short term
accommodation use is
provided with sufficient
kitchen, dining, laundry and
common room facilities to
accommodate the needs of
visitors and resident staff.
PO25 No acceptable outcome Complies
provided.
Short term accommodation in The Short-term Accommodation
a single dwelling is limited to will be located in an existing
detached residential dwelling. No
formats compatible with the alterations to the external built
character and use of the area form are proposed, nor required by
so as not to cause the use.
unreasonable loss of
The existing house is of a
residential amenity, having compatible character to the
regard to: surrounding development. The
design of the dwelling has been
a) the privacy of residents on designed to orient away from
the subject property or surrounding properties. The
adjoining properties; existing fencing maintain the
b) any likely increase in noise privacy of the visitors and
to adjoining properties; residents, as well as the adjoining
properties.
c) the scale of the use and its
compatibility with the
character and uses within The use of the site for visitor
the property or surrounding accommodation will not impact on
area; the road network.
d) retention of the primary Carparking for 2 vehicles is
residential function of an available on site in the undercroft
area; garage with additional parking
area in front of the garage.
e) the impact on the safety
and efficiency of the local
road network;
f) the impact of waste
storage areas on the visual
amenity of the area or
sensitive land uses; and
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g) any impact on shared
vehicular access or parking.
Works Codes
These codes largely relate to the provision of services and infrastructure associated with the
proposed development of the subject land. The subject site currently has access to an appropriate
level of infrastructure for its existing rural residential use. The proposal complies with the
requirements of the Driveways and Parking Code as the existing dwelling has sufficient covered and
uncovered parking spaces for the use of residents and visitors alike.
6.6 Applicable Overlay Codes
The subject land is mapped by a number of overlays. However, of those on the site, the Bushfire
Hazard Overlay is the only overlay of relevance to the proposed Short-term Accommodation use
which is to be located within the existing detached dwelling.
Bushfire Hazard Overlay Code
As evidenced by Figure 7, Noosa Council’s Enterprise Mapping System identifies the site as being
affected by Bushfire Hazard Overlay. Within Part 5, Table 5.9.3 Assessment Table for Bushfire Hazard
Overlay, a Material Change of Use for a Short-term Accommodation use within an existing dwelling
house does not trigger assessment. Nevertheless, the following commentary is provided to assist
Council’s assessment.
The risk of bushfire hazard and the burden on disaster management response specialists is
minimised by the upkeep and maintenance of the property’s lawns and understorey of the
surrounding vegetation. Four (4) large water tanks and the swimming pool can be utilised for fighting
or watering of the property in the case of a bushfire. The proposed Short-term Accommodation use
is to be located in an existing detached dwelling, and no additional structures are proposed. Hence,
the extent and severity of potential bushfire risk has not been altered.
The property is accessed by Louis Bazzo Drive, which is a well maintained, major road connecting
the Noosa Hinterland communities. The property can be accessed by emergency vehicles, if
required, without issue from the existing well-maintained vehicle crossover. From the driveway,
sightlines along Louis Bazzo Drive are clear of vegetation and are in excess of 250 metres in both
directions. The risk to residents and visitors of the property is minimised as safe, low risk access from
the property exists west of the site along Louis Bazzo Drive. Lastly, immediately south of the subject
site is a large, cleared paddock which can be access from Louis Bazzo Drive. The paddock is
mapped as no threat of bushfire hazard and could be used, in an emergency, for cover from the
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threat of bushfire. Figure 7: SEQ Regional Plan Land Use Category Map Source: DSDIP DAMS 6.7 Planning Scheme Polices No planning scheme policies are of relevance to the proposed Short-term Accommodation use located within an existing detached dwelling located on a large rural allotment. 6.8 Discretionary Matters At the adoption of the Noosa Plan 2020 the Minister for Planning required Council to, in the future, consider the economic impact of the change in policy for Short-term Accommodation - as the Council had failed to do so prior to the adoption of the Planning Scheme. While a recent Housing Needs Assessment (HNA) has been undertaken by Council, it does not appear to specifically address the States requirements. For reference, Condition 8 of the Ministers approval is provided below. Condition 8 – SPP – State interest: Planning for liveable communities and housing (Housing supply and diversity) and Planning for economic growth (Tourism) A) Within three months from the date of adoption of the proposed planning scheme Council RG Strategic Town Planning Report – Short-term Accommodation 18
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must prepare and publish a comprehensive guide explaining the regulatory requirements
for operating short-term accommodation in the Noosa Shire Council local government area.
B) On commencement of the planning scheme and for a period of 2 years Council is to monitor
the provisions relating to short-term accommodation, tourism and housing supply
considering the outcomes sought across the residential zones. The process shall, at a
minimum:
• include a detailed analysis of the existing situation within the Noosa Shire, including
numbers and types of short-term accommodation uses. This analysis should include
annual comparison data that demonstrates the performance of the relevant
scheme provisions;
• consider the economic and social benefits of the current situation, and forecast the
potential long-term impacts of short term accommodation across the residential
zones;
• consider the zone intent, levels of assessment and regulation short-term
accommodation across the residential zones.
• consider the state interests of Housing supply and diversity and Tourism;
• be evidence-driven, comprehensive, and prepared in a detailed manner.
C) Within 6 months of completing B) above Council must submit a report to the Minister on
completion of the monitoring process. The report must detail the findings of the monitoring
process and provide an accompanying statement from the council that identifies whether
the council considers an amendment should be made to the planning scheme as a result of
the monitoring process, and the reasons for the council’s position on this.
The planning scheme reflects the public interest and without a detailed analysis of the effect of this
change in assessment policy (refusing STA in a Rural Zone), it has the potential to place the
community at financial risk regarding the following matters:
• refusing Short-term Accommodation applications in a Rural Zone even though it is a
consistent use and sufficient grounds for support. Therefore, defending refusal decisions in
appeal can place pressure on Council’s financial resources and therefore potentially
negatively impact on the delivery of services to the community.
• The economic impact of the possible reduction in tourism beds on the whole of Noosa Shire
economy and that effect on local businesses directly, and/or indirectly related to tourism.
No social impact study of the change in policy for Short-term Accommodation was undertaken to
inform the planning scheme. This proposal provides Short-term Accommodation in the same format
as the surrounding and existing built form and will contribute to the established amenity of the
Pomona Hinterland.
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7. Conclusions
The proposed Material Change of Use on land at 307 Louis Bazzo Drive, Pomona 4568 has been
assessed against the requirements of the Local and State Statutory Planning Requirements.
This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020, and the proposed development can be supported
on a number of grounds, including:
• The development application has been made in accordance with the requirements of both
the Planning Act 2016 and the Development Assessment Rules 2017;
• The strategic framework and outcomes identify the importance of tourism in Noosa Shire
and are supportive of ensuring amenity of both visitors and permanent residents are
maintained;
• As the development application clearly demonstrates the compliance with both the
Performance and Acceptable Outcomes of the Codes application for Short-term
Accommodation use within the Rural Zone;
• The Short-term Accommodation use is proposed to be located in an existing dwelling and
no additional structures or changes to the existing facilities are required as part of the
proposed use;
• The proposed use will not compromise the ecological values of the land, or have any
impact on the rural productivity of the surrounding lands;
• Sufficient carparking is available on site and supports the proposed use;
• The dwelling is located on a large parcel of rural land surrounded and screened by mature,
dense vegetation;
• The dwelling and associated facilities (pool) are appropriated located away from the
adjoining rural allotments; and
• The property is fully fenced and landscaped.
On the basis of the above assessment, it is recommended that Noosa Council approve the
proposed Material Change of Use, subject to reasonable and relevant conditions. We look forward
to Council processing the application at its earliest convenience.
Should you require any additional information or have any queries please to not hesitate to contact
us.
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