Appeal 1997 Of 2024 Relating To Refusual Of MCU23/0101 Material Change Of Use For Short Term Accommodation At 561 Gympie Kin Kin Road, Kin Kin · Attachment 1 - Development Assessment Senior Planner'S Report

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GENERAL COMMITTEE MEETING REPORT                                               12 AUGUST 2024




                                          Figure 2 – Site

The Officer report maintained that the application complied with Noosa Plan 2020, stating that
Noosa Plan 2020 supports small scale visitor accommodation in the hinterland areas, subject to
meeting a number of requirements. The report concluded the application demonstrated compliance
with these requirements, as the proposal was small scale and compatible with the surrounding
area, with no rural activities operating in the immediate area. The use was proposed to be located
within the site’s existing dwelling, separated from neighbouring properties, and a condition was
proposed limiting the maximum number of guests to 8. The report concluded that the proposal
would not have any significant impacts on the area’s amenity, character or environmental values
subject to a condition restricting the use of outdoor areas after 9pm.
Following extensive discussion at both the Planning & Environment Committee and the General
Committee meetings, including potential impacts on mapped agricultural land conservation area
and the Noosa Council Short Term Accommodation Monitoring Report November 2022, the Officer
recommendation was not supported.
An alternate motion was put forward and at the Ordinary meeting on 20 June 2024 Council refused
the application for the following reasons:
1.   The proposal is not consistent with 3.2.6 (Agriculture and Rural Based Activities) of the
     Strategic Framework as:
     a.    It does not protect agricultural land from encroachment from urban development and
           would compromise productivity.
     b.    Short-term accommodation is not an ancillary rural industry which supports production,
           investment, and diversification.
2.   The proposal is not consistent with 3.2.6 (Tourism) of the Strategic Framework as:
     a.    It does not provide for high quality nature-based and rural tourism experiences.
     b.    Short-term accommodation is not an ancillary rural industry which supports production,
           investment, and diversification.
3.   The proposal is not consistent with 3.3.3 (Housing Choice) of the Strategic Framework as:
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GENERAL COMMITTEE MEETING REPORT                                                      12 AUGUST 2024


      a.    It does not protect the rural neighbourhood from short term visitor accommodation that
            would impact on the amenity enjoyed by residents.
4.    The proposal does not comply with the Purpose and Overall Outcome (2)(i) of the Rural Zone
      Code as
      a.    it does not provide for rural uses and/or activities or other uses and activities that are
            compatible with existing and future rural uses and activities.
      b.    it does not provide for rural uses and/or activities or other uses and activities that are
            compatible with the character and environmental features of the zone.
      c.    the visitor accommodation in its proposed form does not complement rural uses or
            promote the sustainable use of rural land.
5.    The use of the premises for Short Term Accommodation is not consistent with Overall
      Outcome (2)(j) and Performance Outcome PO4 of the Rural Zone Code as it not compatible
      with rural activities and will detract from the rural amenity of adjoining properties.
6.    The use of the premises for Short Term Accommodation is not consistent with Performance
      Outcome PO8 of the Rural Zone Code as the proposed location of the dwelling within 200m
      of mapped Agricultural Land Conservation Area, is not sufficiently setback to mitigate risks
      associated with the use of chemicals or air pollutants and/or avoid conflict with current or future
      rural uses and activities on adjoining properties.
7.    The use of the premises for Short Term Accommodation is not consistent with Overall
      Outcome (2)(g) and Performance Outcome PO1 and PO2 of the Visitor Accommodation
      Code as:
      a.    The site is within 250 metres of mapped Agricultural Land Conservation Area which is
            intended for intensive animal industry, intensive horticulture or rural industry uses.
      b.    The site is within 100 metres of mapped Agricultural Land Conservation Area which is
            intended for agricultural operations.
      c.    It will impact on the ability of rural landowners to carry out agricultural pursuits
      d.    It will result in conflicts with nearby land uses.
      e.    It will detract from the character and amenity of the local area.
8.    The use of the premises for Short Term Accommodation is not consistent with Performance
      Outcome PO25 of the Visitor Accommodation Code as it will result in an unreasonable loss
      of residential amenity because of a likely increase in noise to adjoining properties.
9.    The use is inconsistent with the Noosa Housing Strategy 2022 - Keep Noosa Home item 7.7:
      Ensure that short-term accommodation in the hinterland is complementary to housing on site
      and not at the expense of housing. Whole-house short term rentals should be limited to
      infrequent letting of the owner’s principal-place of residence.
10.   The use is inconsistent with the Noosa Council Short Term Accommodation Monitoring
      Report November 2022 as:
      a.    Short-term accommodation, without a permanent resident remaining on site,
            compromises future housing supply for permanent residents.
      b.    Short-term accommodation of an entire dwelling house compromises adequate long
            term housing stock being available to meet the diverse needs of Noosa Shire’s current
            and future residents, consistent with Noosa Council’s adopted Housing Strategy 2022.
      c.    Short-term accommodation does not reinforce the purpose and outcomes to be
            achieved by development within the Rural zone for rural pursuits, particularly
            agricultural uses and complementary value-added uses and housing for permanent
            residents.


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GENERAL COMMITTEE MEETING REPORT                                                   12 AUGUST 2024


As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
Previous Council Consideration
Not Applicable

Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.

Consultation
External Consultation - Community & Stakeholder
Thynne & Macartney – Tim Quirk

Internal Consultation
Departments/Sections Consulted:

    Office of the CEO, Mayor &                Community Services           Corporate Services
            Councillors
     Mayor & Councillors                   Director                     Director
     Chief Executive Officer               Community Development        Financial Services
     Executive Officers                    Sport & Active Lifestyles    Fleet
     Community Engagement                  Arts & Culture               Revenue Services
     People & Culture                      Community Connection         ICT
     Governance                            Customer Experience          Commercial Property
    Strategy & Environment &               Development & Regulation      Infrastructure Services
    Sustainable Development
     Director                          x   Director                     Director
     Strategic Land Use Planning       x   Development Assessment       Infrastructure Planning, Design
                                                                        and Delivery
     Economic     Development      &       Local Laws                   Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health         Asset Management
     Innovation & Digital Hub              Building & Plumbing          Building & Facilities
                                           Property / Permits           Disaster Management
                                                                        Waste




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