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Judgment 08.10.24
PLANNING AND ENVIRONMENT GOURT QUEENSLAND - BOLI 202% FILED Forthe Raniiing and Environment Court No 1997 of 2024 Held at: Brisbane Between: BRUCE NORMAN JOHN ELLIOTT Appellant And: NOOSA SHIRE COUNCIL Respondent JUDGMENT Before: Her Honour Judge Kefford Date of Hearing: 8 October 2024 Date of Order: 8 October 2024 THIS MATTER HAVING come on for hearing by way of an appeal against the Respondent's refusal of a development application (Application) for a development permit for materia! change of use (short term accommodation) in respect of land situated at 561 Gympie Kin Kin Road, Kin Kin in the State of Queensland and more particularly described as Lot 11 on SP 139153 AND UPON HEARING from the solicitor for the Appellant and solicitor for the Respondent. AND UPON READING the Notice of Appeal filed 22 July 2024 and the Order made on 20 August 2024 BY CONSENT, IT Is ORDERED THAT: 1. The appeal is allowed and the Application is approved, subject to the conditions contained in pages 1 to 8 of Annexure A. 2. Each party bears their own costs. Filed on: 8 October 2024 Filed by: Keypoint Law = Service address: Level 27 Santos Place, 32 Turbot Street, Brisbane Q 4000 S Phone: (07) 3106 4700 : Fax: (07) 3106 4701 Email: sonia.whitehouse ELLM1.1 Keypoint Law ial pf the Appellant Level 27 Santos Place 32 Turbot Street Brisbane Qld 4000 Phone: (07) 3106 4700 Fax: (07) 3106 4701 Email: [email protected]
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Registrar
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Annexure A
CONDITIONS
When Conditions must be Complied With
1. 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.
Currency Period
2. This development approval lapses if the use has not happened by 8 October 2030, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with the
Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
18247 A Site Plan prepared by Local focus Design 03.11.2000
AO2 H Floor Plan – Upper prepared by Delta 07.11.2016
Upper and Lower Floor Plan
Nature and Extent of Approved Use
4. The total number of bedrooms that are available for guest accommodation must not exceed four
(4).
5. The total number of guests accommodated at any one time must not exceed 10.
Amenity
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm
each night.
7. The premises must not be used to host events, functions or parties (e.g. bucks parties, hen’s
parties, raves, or wedding receptions).
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.
9. The operation of the approved use must be in accordance with Administration (Amendment)
Subordinate Local Law (No.1) 2021.
(*Refer Advisory Note)
Street Identification
10. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Bushfire Management
11. A water tank (in addition to day to day water supply) with an onsite water volume of not less than
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8,000 litres must be available for firefighting purposes, located within reasonable proximity to the
dwelling.
12.
A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade fitting
must be connected to the water supply.
13. A Bushfire Management Plan must be prepared by a qualified person in accordance with
Section 8 of the Bushfire Resilient Communities Guideline (QFES, 2019). For the purpose of
preparing a Bushfire Management Plan, and for certifying compliance with the bushfire
requirements of this Decision Notice, a qualified person is considered to be an ecologist with a
minimum of 3 years current experience in the field of bushfire assessment and management.
The Bushfire Management Plan must be implemented, and a copy must be:
a. Provided to Council; and
b. Kept on site at all times.
Car Parking
14. Existing car parking on site, as detailed on the approved plans, must be maintained and kept
available for users of the short-term accommodation.
15. 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.
Contact Person
16. 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 a 20 kilometre radius 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.
Code of Conduct
17. 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.
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 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.
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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 9 of
this development approval.
h. That each user of the premises must be familiar with and comply with the Bushfire
Management Plan.
18. The Code of Conduct must be displayed in a prominent location at the premises so that it can
be viewed by guests.
Complaints Management
19. The contact person must maintain a record of all complaints received, identifying how each
complaint has been resolved or addressed within a reasonable time.
20. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
21. 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.
22. 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:
a. the written record of complaints referred to in condition 19; and
b. the register referred to in condition 21.
Water Supply
23. The development must be provided with a potable water supply. The storage capacity of the
potable water supply must be a minimum of 5000 litres per guest.
Waste Water Treatment and Disposal
24. 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.
25. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic
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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.
ADVISORY NOTES
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of “Infrastructure
Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the
planning legislation and regulations current at the time of issue. For further information, please refer to
https://www.noosa.qld.gov.au/planningdevelopment/development-tools-guidelines/infrastructure-
charges
Waste Water Treatment and Disposal System
2. The establishment of a waste water treatment and disposal system for the site requires a Compliance
Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be
designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State
Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site
Domestic Wastewater Management” or an alternative solution approved through Council’s Building and
Plumbing branch.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration)
2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage
that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of
Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Equitable Access and Facilities
4. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate
to people with disabilities. Your attention is also directed to the fact that in addition to the
requirements of the National Construction Code as they relate to people with disabilities, one or more
of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Short Stay Letting
5. On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home hosted
accommodation. The local law commenced on 1 February 2022. A one off application will need to be
made, under the new local law, for all existing and new properties operating short stay letting or home
hosted accommodation, unless identified as exempt.
For more information and application forms, please visit Council’s website below:
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https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Potential Conflict with Surrounding Uses
6. This area is zoned Rural under the Noosa Plan 2020 and is intended to provide for a wide range of rural
activities including animal husbandry, aquiculture, cropping, horticulture, roadside stalls, rural
industries, forest practices, wholesale nurseries and other primary production. The short-term
accommodation may be potentially impacted by emissions from these lawful uses. It is the property
owner’s responsibility to take all measures necessary to ensure the short-term accommodation is
developed and maintained in such a way as to mitigate potential impacts.
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SUNROOM
3.8 x 3.5m
KITCHEN
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WORKSHOP
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DINING
5 7.0x6.6m
LOWER FLOOR PLAN vA