Council archive · source document
planning report 5 adams st feb 24 · MCU24/0022
Development Application
Planning Report
Development Permit for MCU - Home-based Business
bed and breakfast within existing dwelling house (2 beds / 4 people)
situated at 5 Adams St, Sunshine Beach
(Lot 547 RP48112)
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Contents
Summary ...................................................................................................................................... 3
1.1 Development application details ................................................................................................ 3
1.2 Planning instrument details ....................................................................................................... 3
2.0 Site details ......................................................................................................................... 4
2.1 Site description .......................................................................................................................... 4
2.2 Surrounding land uses ................................................................................................................ 5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 7
4.1 Code - Key provisions ................................................................................................................. 7
5.0 State assessment and other matters .................................................................................. 9
5.1 State interests ............................................................................................................................ 9
5.1.1 Matters established in the Planning Regulation .............................................................................. 9
5.1.2 State Planning Policy ........................................................................................................................ 9
6.0 Conclusion ......................................................................................................................... 9
Client Name: Robyn Grant
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA MQELA
Version: 1
Date: 16 February 2024
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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Summary
1.1 Development application details
Proposed development: Development Permit for Material Change of Use - Home-based
business (bed and breakfast) within existing Dwelling House
Site address: 5 Adams St, Sunshine Beach
Property description: Lot 547 RP48112
Site area: 510m2
Owner details: R Grant
Applicant details: R Grant c/ Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy
Regional plan: SEQ Regional Plan 2017
Designation: – Regional Landscape and Rural Production
Planning scheme: The Noosa Plan 2020
Zone: Rural Zone
Level of assessment: Code*
*as per section 5.3 of The Noosa Plan - Accepted development that does not comply with
one or more of the nominated acceptable outcomes in the relevant parts of the applicable
code(s) becomes code assessable development unless otherwise specified.
Applicable overlays: Within existing building – No new development
Applicable codes: Acceptable Outcomes AO2, AO3.1, AO15, AO17 and AO18 of
the Low Density Residential Zone Code
Acceptable Outcomes AO1, AO2, AO3, AO4, AO5.1, AO5.2,
AO5.6, AO6, AO7, AO8, AO9, AO10, AO11, AO12 and AO13 of
the Home-based Business Code
State Assessment and Nil
Referral Agency (SARA)
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Dwelling House
Access Existing access from Adams St
Easements Nil
Figure 1 - Site identification (zoning map)
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
Surrounding The site is surrounded by dwelling houses in the Low Density Residential Zone. There are currently
properties short stay letting licence approved for the following properties surrounding the site.
Figure 2 – SSL approvals within the area
Road Access The site has access to Adams St with via a gravel driveway and coastal rock garden
Figure 3 - Site photos of the access driveway
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3.0 Proposed development details
The applicant seeks to use 2 bedrooms within the existing dwelling to accommodate four guests for
Home-based business (Bed and Breakfast). The dwelling is a single storey building 3 bedrooms,
with the layout of the house designed to provide for shared kitchen and living facilities.
Figure 4 – Layout plan of existing house (front two bedrooms for bed and breakfast circled)
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4.0 Planning assessment
The use of bedrooms of a dwelling house for home hosted accommodation is an accommodation
activity consisting of a home-based business (means the use of a dwelling or domestic outbuilding
on premises for a business activity that is subordinate to the residential use of the premises.
This activity is Accepted development subject to requirements if within an existing dwelling house
and no more than two guest bedrooms are available for letting. The following assessment is provided
against the Accepted development requirements, with the Performance Outcome assessment
thereafter.
4.1 Code - Key provisions
Table 3: Assessment against key development parameters within The Noosa Plan 2020:
Code Provision Compliance
Low Density Residential Zone Code
AO2
Land uses do not regularly result in more than ten unrelated persons being present on site. Land uses do not adversely affect the amenity of the
residential neighbourhood by the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil, waste water, waste products, Y
or radio or electrical interference. Any business operated on site including accommodation is subordinate to the use of the premises for a domestic
residence.
AO3.1
Home-based businesses allow for up to four short term guests to be accommodated within the home of the host while the host remains in residence, Y
such as traditional bed and breakfast accommodation.
AO15
Driveways have a maximum width of 6 metres within the property and only one footpath crossing is provided per property as part of the driveway. Y
AO17
Boundary fences and walls are designed to allow for casual surveillance from the property to the street and any adjoining public spaces. Landscaping,
fences or other works on property boundaries or road reserves do not create impediments for pedestrian or cyclist use of the footpath. No more than Y
one heavy vehicle (or combination of heavy vehicles) of more than 4.5 tonnes, or with a total length in excess of 7.5 metres is parked on the property
overnight. No flood lighting is used on site and the vertical illumination resulting from direct, reflected or other incidental external lighting emanating from
the site does not exceed 8 lux when measured at any point 1.5 metre outside the boundary and at any level from ground level upward.
AO18
A 1.5 metre landscaped buffer separates any private tennis court, half court or sports court from side property boundaries where adjoining land in a
residential zone or in the Rural Residential zone. N/A
Home-based Business Code
AO1
Where employees, clients, customers or guests regularly attend the site the Home-based business does not occur in attached or semi-attached housing
styles or on premises covered by Building Unit Plans. Y
AO2
Where located in the Low density residential zone or Medium density residential zone, if employees, customers, clients or guests attend the site,
the site has a minimum area of 550m2. PO
AO3
The home-based business is operated by a resident (or residents) of the dwelling.
The home-based business occupies no more than 40% of the dwelling. Y
AO4 Y
Guests have only limited facilities for preparing food and beverages and no laundry.
AO5.1
Development is conducted within a dwelling; or within another enclosed structure on the site of a dwelling house. Y
AO5.2
The home-based business does not occupy an area greater than: in the Rural Residential Zone— 150m2; in the Rural Zone 1% of the site area or Y
300m² whichever is lesser; otherwise— 50m2.
AO5.6
Commercial deliveries, collections or passenger transfers, are limited to a vehicle no bigger than a courier van or minivan and no more than two deliveries Y
or collections per day.
AO6
With the exception of mail order or internet sales, only goods that are grown or manufactured on site are available for retail sale or The sale of goods N/A
not manufactured on site is ancillary to the service provided by the home-based business.
Where goods are offered for sale from the premises, the display of such goods: does not occur outside of a building; is not visible from the street or
another public place; and does not occupy more than 16m2 of floor space.
AO7
Where employees, customers, clients or guests attend the site, the entrance to the business is visible and easily accessible from the car parking areas
so as to cause minimal disturbance to adjoining premises. Y
AO8
The business does not generate any noise audible beyond the property boundaries outside the hours of 8.00am to 5.00pm, Monday to Friday excluding
public holidays (this includes noise generated by traffic or deliveries). Y
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AO9
The home-based business does not include an operation that would otherwise be defined as medium impact industry or high impact industry.
On properties less than 4 hectares in area the home-based business does not include an operation that would otherwise be defined as low impact
industry. N/A
The home-based business does not produce noise which exceeds the background noise level plus 5 dB(A) at the site boundaries.
The home-based business does not produce any dust, fumes, smoke or odour emissions discernible beyond the site boundaries.
Noise generating machinery or mechanical plant used for the home-based business is enclosed within a building and not located within 100 metres of
a sensitive land use including a dwelling house on an adjoining property.
AO10
Quantities of chemicals, gases or other hazardous materials do not exceed the limits reasonably associated with a residential use.
Storage of flammable and combustible liquids complies with the storage provisions in Section 2 of Australian Standards AS1940 - The Storage and N/A
Handling of Flammable and Combustible Liquids.
AO11
Operation of the home-based business including parking and commercial deliveries is undertaken within the site boundaries. Y
Where the site gains access from an arterial road, distributor road or collector road, vehicle manoeuvring areas are provided in accordance with the
current Australian Standards for off-street car parking so vehicles enter and leave the site in a forward gear.
Where located in a residential zone and gaining access to a local road, the business does not involve heavy vehicles.
The use is directly accessible from a sealed road or a good standard graveled road; and does not gain direct access from a road with a legal speed
limit of 90 kilometres per hour or above.
AO12
Parking is provided in accordance with the Driveways and Parking Code Y
AO13
Development— has a source of power which does not exceed a total connected load of 2.0kW; places a demand on any reticulated water supply of
not more than 3 litres per day per square metre of the floor area related to the business and does not decrease head (pressure) to less than fire-
fighting standard; where in areas not serviced by reticulated water and/or sewerage, does not impose any additional loadings than provided for by
Y
existing on-site water supplies and household wastewater treatment and disposal systems; does not involve the discharge of trade waste to the
reticulated sewerage service or stormwater; and does not place demand on reticulated sewerage services beyond which could be anticipated by
a dwelling house.
AO2 – Site Area
AO2 of the Home-Based Business Code requires a minimum 550m2 for accepted development,
however the site area is 510m2 – therefore requiring a code assessable application. The relevant
Performance Outcome PO2 seeks for Development to occur on a site with adequate area for the
proposed use, without adversely impacting neighbours. The house has been designed to allow for
short-term accommodation within two bedrooms at the front of the site with shared communal garden
and kitchen.
The owner has been operating without compliant since 2018 and has managed all associated
amenity concerns. The area of the dwelling is 188m2 and the two bedrooms utilise 44m2 (23%) of
the total site area. The site also adjoins a quiet local road with sufficient parking provided onsite
(compliant with the detached house requirements at the time of construction (NP2006 - 1 carparking
space)) and 2 spaces available onsite for guests.
Figure 4 – Area layout plan with marked carparking and bedroom areas.
The guests share the kitchen, laundry and living areas with the owner making for a home-hosted
environment that also offers the guests their own privacy. The guests also enter the site from the
street adjacent to their bedrooms, thereby not creating a nuisance to the neighbours. Although not
strictly meeting the 550m2 site area requirement, the proposal meets the corresponding Performance
Outcomes of The Home Based Business Code.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not affected by the hazard mapping.
6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for a Home-based business
within an existing building (2 bedroom and four guests) situated at 5 Adams St, Sunshine Beach.
The proposal is subject to Code assessment and complies with the relevant Performance Outcomes
of the Home-based business code.
The Assessment Manager’s favourable consideration of the above development application is
therefore recommended.
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