MCU22/0067 - Further Report For An Application For Material Change Of Use For Short Term Accommodation At 401 Sunrise Road, Tinbeerwah

MCU22/0067 - FURTHER REPORT FOR AN APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH
Author	Graduate Development Planner, Jada Lyons
Environment & Sustainable Development Department

Index		ECM/ Application/ MCU22/0067

Attachments	Nil

EXECUTIVE SUMMARY
A report for this application was presented to Council at the Planning and Environment Committee on 9 August 2022 that recommended the application be approved subject to conditions. The report was referred to General Committee on 15 August 2022 for further consideration.
The application seeks approval for a Material Change of Use for Short Term Accommodation in an existing dwelling house situated at 401 Sunrise Road, Tinbeerwah. The Short Term Accommodation use will be for a maximum of 4 bedrooms and 8 guests at a time.
After further discussion at the General Committee meeting, Council requested a further report that provides advice on potential grounds for refusal to be presented at the Ordinary Meeting on 18 August 2022.
The application is recommended for approval as it generally complies with the provisions of the Noosa Plan 2020, however potential reasons for refusal have been provided if Council decides to refuse the application.
RECOMMENDATION
That Council note the report by the Graduate Development Planner to the Planning & Environment Committee Meeting dated 9 August 2022 and the further report to the Ordinary Meeting 18 August 2022, regarding Application No. MCU22/0067 for a Development Permit for a Material Change of Use for Short-term accommodation situated at 401 Sunrise Rd Tinbeerwah 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
01	01	Site Plan, prepared by RG Strategic	14/04/2022
	01	Floor Plan, prepared by RG Strategic	14/04/2022
Currency Period
This development approval lapses if the use has not happened by 19 August 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The total number of bedrooms within the existing dwelling that are available for guest accommodation must not exceed four (4).
The total number of guests accommodated at any one time must not exceed eight (8).
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.
The use must be operated in accordance with the Local Law requirements for Short term letting at all times.
Amenity
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
Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short term accommodation.
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.
The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable satisfaction of the Manager Development Assessment.
Waste Management
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.
Waste containers must:
At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
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.
Water Supply
The development must be provided with a potable water supply connected to each cabin.  The storage capacity of the potable water supply must be a minimum of 5000 litres per guest. The storage capacity of the potable water supply must be a minimum of 4000 litres per guest bedroom/unit/cabin.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use.
Bushfire Management
The site must be provided with a water storage reservoir having a minimum 5000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank.  If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
the domestic take off from the tank is at or above the 5,000 litre point; and
standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles.
The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose/s of sufficient length to easily reach around to all sides of the/all building/s.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
A report on this application was considered by the Planning and Environment Committee Meeting on 9 August 2022 and was subsequently referred to the General Committee Meeting on 15 August 2022. During discussions at the General Committee Meeting, some Councillors expressed opinion that short term accommodation is currently impacting on housing supply for permanent residents in the shire and the proposal further exacerbates this housing shortage.
In the circumstances, the General Committee requested a further report to be presented at the Ordinary Meeting dated 18 August 2022 including reasons for refusal following discussion at the General Meeting. The issues raised at the General Meeting are summarised as follows:
Impact of the proposed use on the supply permanent housing;
Impact on residential amenity;
Insufficient lot size;
Distance between the subject site and surrounding properties; and
Suitability of the existing driveway
In response to discussions at the General Committee meeting, an analysis of the relevant planning scheme provisions is detailed in the table below:
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
Overall Outcome	Complies	Comment
(2)(b) Visitor accommodation offers a wide range of experiences for guests both in coastal areas and in the hinterland.		The proposal allows for guests to stay in the Shire’s hinterland area and improve the local tourism industry.
(2)(f) Visitor accommodation located near permanent residents does not detract from the amenity enjoyed by residents.		The subject dwelling house is well screened and setback from adjoining properties and will not detract from the amenity of surrounding permanent residents.
9.3.5.3 Criteria for Assessment
Performance Outcome	Complies	Acceptable Outcome	Complies	Comment
PO2 Development is located on a site with an area sufficient to accommodate the use without detracting from the character and amenity of the local area.		AO2.3 In the Rural zone or Rural Residential zone the site used for Nature-based tourism or short-term accommodation has a minimum area of 4 hectares.	X	The proposal does not comply with Acceptable Outcome AO2.3 as the subject site is 1.9 hectares in lieu of the required 4 hectares. The proposal is considered to comply with Performance Outcome PO2 as it is well screened by existing vegetation and is adequately setback from adjoining properties. The proposal will not detract from the residential amenity of the area. Conditions can be included to address potential amenity impacts.
PO3 Development has a scale and density that is compatible with the intent of the zone and the preferred character for the local area in which it is located.		No acceptable outcome provided		The proposal is within the existing dwelling house on the subject site which is compatible with the Rural Residential area.
PO11 Safe vehicular access is provided to and from the site without adversely impacting on the safety of the road network.		AO11.1 Visitor Accommodation is directly accessible from a sealed road or a good standard gravelled road.		The shared driveway gains access from Sunrise Road, which is a sealed gravelled road.
PO12 Sufficient on-site car parking is provided to accommodate the number and type of vehicles likely to be generated by the visitor accommodation having regard to the number of guests, staff or visitors.		AO12.1 Visitor car parking spaces are: Accessible at all times; Not located behind locked gates; and Not located in tandem with a garage or other carparking space		Two carparking spaces will be provided in the existing garage of the dwelling house.
PO22 Except where in the form of a serviced apartment or hotel 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.		No acceptable outcome provided		The proposed short term accommodation use is located within the existing dwelling house on the subject site which included a kitchen, dining area, laundry and living rooms.
PO25 Short term accommodation in a single dwelling is limited to formats compatible with the character and use of the area so as to not cause unreasonable loss of residential amenity, having regard to: The privacy of residents on the subject site 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 impact on the safety and efficiency of the local road network; The impact of waste storage areas on the visual amenity of the area or sensitive land uses; and Any impact on shared vehicular access or parking.		No acceptable outcome provided		The proposed short term accommodation use is located within the existing dwelling house which is compatible with the surrounding rural residential area. Due to the distance of the subject dwelling to the surrounding dwellings the proposed use will not diminish the privacy and acoustic amenity of surrounding residents, it is unlikely to increase noise to adjoining properties. The proposed use will not impact on the residential function of the area and will not impact on the safety and efficiency of the local road network. The applicant has stated that waste, noise and increased car activity will be managed so as to not cause impacts to surrounding residents.
Rural Residential Zone Code
6.8.4.2 Purpose and Overall Outcomes
Overall Outcome	Complies	Comment
(2)(a) The Rural residential zone provides a high level of amenity for permanent residents.		The proposed short term accommodation use will not impact on the amenity of permanent residents.
(2)(c) Non-residential activities are limited to small-scale activities that are compatible with and do not impact on the rural residential character and amenity of the zone.		The proposed short term accommodation use is a small-scale activity and will not impact on the rural residential character of the area or the amenity of the zone.
(2)(d) Home-based businesses are facilitated where the nature, scale and intensity of the activity is compatible with the low density rural residential character and amenity of the surrounding locality.	N/A	The proposed use is not defined as a home-based business.
(2)(e) Small scale home hosted guest accommodation does not impact on the amenity or lifestyle of nearby residents.	N/A	The proposed use is not home hosted accommodation.
6.8.4.3 Criteria for Assessment
Performance Outcome	Complies	Acceptable Outcome	Complies	Comment
PO1 Development provides for low density, semi-rural living as well as compatible work from home opportunities, primary production and small scale visitor accommodation, on large allotments with varying levels of service.		AO1.3 Any business operated on site including accommodation is subordinate to the use of the premise for a domestic residence.	X	By its very nature short term accommodation uses the entire dwelling and cannot be considered subordinate to a domestic residence, however the existing dwelling house is considered to be small scale and compatible with the rural residential area and as such complies with PO1.
PO3 With the exception of one dwelling house or a community residence, any accommodation is limited to use by short-term guests.		AO3 Only the residents of a dwelling house or community residence resides on the property for any period greater than three consecutive months.		The proposed use is not intended to be used by guests for period greater than three consecutive months.
PO4 Visitor Accommodation: Is at a scale and density that protects the environmental and lifestyle values of the land; and Does not detract from the rural residential character and amenity of adjoining properties.		No acceptable outcome provided		The proposed short term accommodation use is at a small scale that will not impact on the environmental and lifestyle values of the land and does not impact on the rural residential character of the area.
An analysis of existing Short Term Accommodation and Tourist Accommodation undertaken by Council’s Strategic Planning department in 2020 indicated that the hinterland area of the shire had 102 dwelling houses being used for Short Term Accommodation, making up 1.3% of all residential rated dwellings in the hinterland area. Specifically, 23 dwelling houses in the Rural Residential zone within the hinterland area are used for Short Term Accommodation.

Figure 1 – Tourist Accommodation and Short Term Accommodation in hinterland area
Figure 2 below shows the distances between the subject dwelling house and surrounding residences. The closest adjoining residence at 399 Sunrise Road is located 47 metres from the subject dwelling house and 34 metres from the outdoor pool area. The shared boundary between 399 & 401 Sunrise Road is well vegetated and acts as a buffer between residential uses. Other adjoining residences are located a minimum of 50 metres from the subject dwelling house.

Figure 2 – Distance Between Subject Dwelling House and Adjoining Residences
Staff have considered the issues raised by Councillors but confirm the previous recommendation. Should Council wish to refuse the application, the requested motion has been drafted for that purpose.
REQUESTED MOTION
That Council note the report by the Graduate Development Planner to the Planning & Environment Committee Meeting dated 9 August 2022 and the further report to the Ordinary Meeting dated 18 August 2022 regarding Application No. MCU22/0067 for a Material Change of Use for Short Term Accommodation situated at 401 Sunrise Road, Tinbeerwah and
A.	Refuse the application for the following reasons:
The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further erode permanent housing supply and impact the resident amenity of permanent residents.
The proposal is not consistent with 6.8.4.2 Purposes and Overall Outcomes (2)(a) and Performance Outcome PO4 of the Rural Residential Zone Code as:
The proposal is likely to impact on the amenity of surrounding residents; and
The proposal will detract from the rural residential character and amenity of adjoining properties.
The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (2)(f) and Performance Outcome PO2 of the Visitor Accommodation Code as visitor accommodation in the area is likely to detract from the permanent residential amenity of the local area.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Consultation
External Consultation - Community & Stakeholder
Not applicable
Internal Consultation
Not applicable

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Director		Director
	Executive Support		Community Development		Financial Services
			Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Director		Director		Director
	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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ORDINARY MEETING REPORT	18 AUGUST 2022