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MCU22 0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION [As Published]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 APRIL 2023
MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH
DOCUMENT INFORMATION
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development
Index ECM/ Application/ MCU22/0209
Attachments ATTACHMENT 1 – MCU22/0209 – PROPOSED CONDITIONS
ATTACHMENT 2 – OFFICER’S REPORT
ATTACHMENT 3 – PLANS FOR APPROVAL
APPLICATION DETAILS
Applicant Quade Holdings P/L TTE
Proposal Material Change of Use - Short-term accommodation
Properly Made Date 12 December 2022
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 17 April 2023
Number of Submissions 1 properly made submission
PROPERTY DETAILS
Property Address 515 Cooroy Noosa Road, Tinbeerwah
RP Description Lot 246 RP 855941
Land Area 2.933ha
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not applicable
Local Plan Area Not applicable
Overlays Biodiversity, Waterways and Wetlands
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 APRIL 2023
Bushfire Hazard
Regional Infrastructure
Assessment Type Impact
EXECUTIVE SUMMARY
This report provides an assessment of an application for short term accommodation at 515 Cooroy
Noosa Road. The applicant proposes to utilise the existing 5 bedroom dwelling to accommodate
up to 8 persons on site at any one time. Parking is provided on site for 2 cars with sufficient space
in the driveway to accommodate another 4 cars if required.
The site is zoned Rural and has an area of 2.93ha, with the existing dwelling mostly screened by
vegetation to neighbouring properties. The closest dwelling is located opposite the site in Cooroy
Noosa Road, approximately 160 metres away, with the adjoining property to the east being a
reserve with Council as trustee. The site was previously used as a restaurant.
The Noosa Plan 2020 supports small scale visitor accommodation in the hinterland areas, subject
to meeting a number of requirements. The application has demonstrated compliance with these
requirements being small scale and compatible with the surrounding area, with no rural activities
operating in the immediate area. The proposal is located within the site’s existing dwelling, is well
separated from neighbouring properties and proposes to limit the maximum number of guests.
Consequently, the proposal will 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.
It is therefore recommended that the application be approved with conditions.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 April 2023 regarding Application No. MCU22/0209 for a Development
Permit for Material Change of Use – Short Term Accommodation situated at 515 Cooroy Noosa
Road Tinbeerwah and:
A. Approve the application in accordance with the following 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.
Approved Plans
2. 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
002622 A Site Plan prepared by RG Strategic 8/12/2022
002622 A Floor Plan prepared by RG Strategic 8/12/2022
Currency Period
3. This development approval lapses if the use has not happened by 20 April 2029,
unless an application to extend the currency period is approved by Council.
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Nature and Extent of Approved Use
4. The total number of bedrooms within the existing dwelling that are available for guest
accommodation must not exceed 5.
5. The total number of guests accommodated at any one time must not exceed 8.
Amenity
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after
9pm each night.
7. 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.
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.
Car Parking
10. Existing car parking on site, as detailed on the approved plans, must be maintained
and kept available for users of the short term accommodation.
11. 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.
12. Directional signage must be provided to direct visitors to the car parking spaces
provided on site.
Contact Person
13. 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
14. 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:
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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 by
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.
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 5 to 8 of this development approval.
15. The Code of Conduct must be displayed in a prominent location at the premises so
that it can be viewed by guests.
Complaints Management
16. The contact person must maintain a record of all complaints received, identifying how
each complaint has been resolved or addressed within a reasonable time.
17. The contact person must respond to all complaints within 30 minutes of notification of
a complaint.
18. 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.
19. 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 16; and
b. the register referred to in condition 18.
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Water Supply
20. 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
21. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use.
Waste Management
22. 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.
23. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection ofgeneral
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.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application seeks approval to use an existing 2 storey dwelling at 515 Cooroy Noosa Road,
Tinbeerwah for short term accommodation. The dwelling has 5 bedrooms, 5 bathrooms and open
plan living areas on the ground floor and is proposed to accommodate up to 8 guests on site at
any one time. At the time of lodgement it was proposed to accommodate 10 guests, with the
applicant’s consultant later agreeing to limit the number of people to 8. No changes are proposed
to the dwelling, with a 2 car garage and wide concrete driveway and hardstand capable of
accommodating a further 4 vehicles if required. A fenced pool and outdoor area adjoin the dwelling
on the western side, as well as a storage shed which houses associated maintenance equipment.
Two large water tanks and bore water service the property. Refer Figures 1-4.
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Figure 1 – Locality
Figure 2 –Aerial of Site
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Figure 3 – Floor Plan
Figure 4 – Elevation
2. SITE DETAILS
2.1. Background
A Restaurant and Golf Course and Associated Facilities were approved over the subject site and
adjacent land in 1997, with the restaurant previously operating on the subject site.
An application (06/0436) to convert the restaurant to a dwelling house and use 3 bedrooms for bed
and breakfast accommodation was approved by Council in August 2006. The existing commercial
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kitchen was to be retained and used in association with the bed and breakfast accommodation.
This approval was never acted upon though the restaurant building was converted to a dwelling.
2.2. Site Description
The site is located at 515 Cooroy Noosa Road, Tinbeerwah and has an area of 2.93ha, with access
via a service road that runs parallel to Cooroy Noosa Road, being a state controlled road. The
dwelling is visible from the road, but the site’s vegetation mostly screens the dwelling from the
neighbouring properties.
2.3. Surrounding Land Uses
The area is predominantly zoned Rural with land adjoining to the east zoned Environmental
Management and Conservation and is dedicated as a reserve to the state under control of Council
as trustee. Beyond this reserve the land is zoned Rural Residential and has been subdivided for
smaller rural lifestyle properties with the primary access being via Sunrise Road.
The closest dwelling is approximately 160m to the north of the site opposite Cooroy Noosa Road,
with the dwelling to the west approximately 180m and to the east 190m. Refer Figure 5.
Figure 5 – Closest dwelling is approx. 160m to the north
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
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• Planning Regulation 2017;
• Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and
the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional
Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
• SEQ Regional Plan
• Koala Habitat Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
The proposal is mapped by the State as being a Koala Priority Area with vegetation along the site’s
western and eastern boundary mapped as Core Koala Habitat. No works or tree removal are
proposed on site to accommodate the use and therefore the proposal is consistent with the state
development assessment provisions.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in Tinbeerwah and is zoned Rural. The proposed use is identified as a
consistent use with the zone and is required to follow an impact assessable application process.
The application is made impact assessable by the Noosa Plan’s assessment tables due to the site
being under 4ha, with an area of 2.93ha. The application would otherwise be code assessable.
Being impact assessable, the application must be assessed against the whole of Noosa Plan 2020
to the extent the provisions are relevant to the development. The Strategic Framework and the
following codes are most applicable to the application:
• Biodiversity, Waterways and Wetlands Overlay Code;
• Bushfire Hazard Overlay Code;
• Regional Infrastructure Overlay Code;
• Rural Zone Code;
• Visitor Accommodation Code; and
• Works Codes.
3.4. Strategic Framework
The Strategic Framework recognises that tourism is a key sector of the Noosa economy and will
continue to be so into the future, with key visitor areas identified including Hastings Street, Gympie
Terrace, Noosa River, Tewantin Marina, Noosa National Park, Sunshine Beach, Peregian Beach,
Noosa North Shore and the hinterland.
However, the Strategic Framework also identifies that visitor numbers and associated pressures
are increasing in and around Noosa’s natural attractions and impacting residential amenity and the
lifestyle of locals, the local environment, and accommodation for residents and guests.
Consequently, the Noosa Plan identifies and protects visitor accommodation areas at Noosa
Heads, Noosaville and Noosa North Shore for visitors to the exclusion of permanent occupants. It
also conversely protects neighbourhoods of permanent residents from influxes of short-term
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visitors recognising visitors interests and priorities are not always compatible with residential
amenity. These strategies are also reflected in the planning scheme’s assessment tables and
codes by identifying short term accommodation as an inconsistent use in the Low Density
Residential zone and requiring that medium and high density residential zoned areas remain home
to predominantly permanent residents.
Within the hinterland, the Strategic Intent states that the focus is directed towards high
quality nature-based and rural tourism experiences and events to diversify and balance the visitor
experience across Noosa Shire and promote the hinterland. The Tourism Strategy Noosa 2017-
2022 prepared by Tourism Noosa supports this focus by encouraging and promoting hinterland,
nature-based experiences to help disperse visitors throughout the region with a focus on ‘quality’
experiences that attract high spending interstate and international visitors to the region.
Accordingly, in the hinterland for rural zoned land, nature based tourism is identified as accepted
development subject to requirements or code assessable, with short term accommodation as code
assessable or consistent impact assessable. Visitor accommodation in the hinterland is supported
by the planning scheme but is required to be low density and small scale and not impact on rural
activities, or the amenity, character or environmental values of the area.
The proposed short term accommodation does not offend the Strategic Intent and Outcomes of
the Noosa Plan 2020, but it also does not necessarily offer or advance the ‘nature based and rural
tourism experience’ intended by the Strategic Framework, being on a 2.93ha lot and located in
proximity to coastal areas.
3.5. Overlay Codes
The subject site is identified on Council’s Overlay Maps as containing vegetation of biodiversity
significance, located within a bushfire hazard area and being within the water supply buffer and
resource catchment area for Lake Macdonald.
Assessment of the proposal against the Overlay Codes has not been undertaken as the Noosa
Plan assessment tables do not require assessment, given the proposed short term accommodation
will be contained within an existing dwelling and no works or vegetation removal are proposed.
Notwithstanding this, it is noted that bore water, 2 large water tanks, a swimming pool and dam are
located on site and can be utilised in the event of a fire, with access for emergency vehicles
accessible direct from the service road.
3.6. Rural Zone Code
The proposal is consistent with the code’s applicable overall outcomes for houses to be ‘…
available for short term guests where there is no resultant changes to the rural amenity or rural
production of the area.’ The proposed short term accommodation is located within an existing
dwelling and approximately 160m away from the closest dwelling, across Cooroy Noosa Road.
The site and land in the immediate area are also not used for rural production and are unlikely to
be in the future, given the lots are small in size.
The proposal is also consistent with the applicable performance outcome of the Code, with no
corresponding acceptable outcome included in the Code.
PO4
Visitor accommodation:
a) is at a small scale and low density that protects the environmental and rural values of the
land;
b) is compatible with rural activities and nature conservation; and
c) does not detract from the rural amenity of adjoining properties.
The proposal is small in scale, will be compatible with the surrounding area and unlikely to detract
from the rural amenity of adjoining properties. The proposal is limited to 5 bedrooms and no more
than 8 persons on site at any one time. It is also located well away from neighbouring properties,
screened by vegetation and set well back from the adjoining reserve to the east. Figure 6 below
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details the separation distances to the surrounding dwellings, with the closest dwelling being 160m
away opposite Cooroy Noosa Road, as follows:
• 23 Coveys Rd – 160m
• 499 Cooroy Noosa Rd – 193m
• 547 Cooroy Noosa Rd – 188m
• 26 Patterson Rd – 596m
• 523 Cooroy Noosa Rd – 614m
Figure 6 - Location of Proposed Use and Nearby Dwellings
Safe vehicle access from the service road has been demonstrated, with the state as a referral
agency requiring access to be via the existing driveway and inspection showing clear sight lines
for vehicles into and out of the site.
The proposal will also not result in any significant adverse impact on the natural values of the site
or surrounding area or detract from the scenic amenity as experienced from Cooroy Noosa Road,
being accommodated within the site’s existing dwelling.
3.7. Visitor Accommodation Code
The proposal complies with the Overall and Performance outcomes of the Code and is unlikely to
significantly conflict with nearby land uses, with no rural activity occurring on land in the immediate
area and the use being well separated from neighbouring houses. While the proposal does not
comply with AO2.3, which seeks that short term accommodation in the rural zone has a minimum
area of 4 hectares. Therefore, the proposal is assessed against corresponding Performance
Outcome PO2 as detailed below.
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.
The privacy and amenity of nearby properties will not be adversely impacted by the proposal given
the separation distances to neighbouring dwellings and existing vegetation providing a visual
screen. The use is also confined to the existing dwelling and landscaped surrounds and guest
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numbers will be limited to 8 persons. Limiting the guest numbers to a maximum of 8 persons will
assist in managing guest behaviour and conduct. A condition is also recommended to limit the use
of the dwelling’s outdoor areas after 9pm.
Sufficient on site car parking and manoeuvring is also provided on site for the use within the existing
garage and driveway, with vehicles able to enter and leave the site in a forward gear.
The proposal is considered to comply with Performance outcome PO2.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the Department of State Development, Infrastructure, Local
Government and Planning (SARA).
The Department is a referral agency for the application as access is via a state controlled road.
The Department has responded approving the application subject to the following conditions:
1. The permitted road access location must be maintained and located in accordance with Site
Plan prepared by RG Strategic, dated 08/12/22 reference 002622 and revision A.
2. Direct access is prohibited between Cooroy Noosa Road and Lot 246 RP 855941 at any
other location other than the permitted road access location described in condition 1.
4.2. Internal Council Referrals
• Not applicable
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. One (1) properly made submission was received who advises they are a resident of
Patterson Drive, Tinbeerwah. The following table provides a summary and assessment of the
issues raised by submitters.
Matters Raised Comments
The proposal does not comply with the Agreed the proposal does not comply with the
minimum 4ha area for the rural zone. acceptable outcome of the code for 4ha.
However, it does comply with the corresponding
performance outcome.
It is unclear whether the application was The application was accompanied by all
accompanied by all mandatory material mandatory material. It is unclear which Act the
under Schedule 21A. submitter is referring to as no schedule 21A exists
in the Planning Act 2016 or Planning Regulation
2017. It is noted that Schedule 21 under the
Planning Regulation relates to exempt clearing of
vegetation. No clearing of vegetation is proposed,
and this schedule is not relevant to the application.
The applicant’s planning report ignores Noted. One dwelling being the closest from the
the potential impact on many immediately subject property is 160m away. Four other
adjacent residential properties on the slip dwellings are between 190m and 614m away from
road, on the northern side of Cooroy the property.
Noosa Road, Sunrise Road and Patterson
Drive – all of which are within the 600m
referred to in the planning report.
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Vegetation will not shield residents to the Agreed, vegetation will do little to mitigate noise
from noise emanating from the property, impacts for residents but provide a visual buffer.
with the entertaining areas orientated
Council has no recorded complaints against the
southwards to many adjacent properties.
property for use of the house as a party house or
There have been occasions where
as short term accommodation.
uncontrolled party noise from the property
has disturbed local residents.
The property forms part of the owners Noted, but not relevant to the application.
commercial and residential property
portfolio
Airbnb advertises accommodation for 15 At the time of writing this report, the property was
people and 6 bedrooms. being offered on Airbnb, for 5 bedrooms up to 10
persons. Historical reviews of the property detail
that up to 15 persons have been accommodated.
The property includes reviews posted on It is noted that reviews are posted on AirBnB from
AirBnB since at least July 2021 July 2021.
A condition has been included to limit the number
of occupants to 8 people. Compliance action can
be taken if the conditions are not complied with.
The property was not identified by the Tourist and
Short Term Accommodation review conducted in
April 2020 but was identified in October 2022. This
application enables council to determine the
suitability of short term accommodation for the
site.
Only adjoining land owners were notified The application was publicly notified in
and not others in the area. accordance with the Planning Act 2016
requirements which requires:
• Letters to be sent only to adjoining land
owners;
• A sign placed on the road frontage of the
property; and
• A public notice placed in a local newspaper
circulating in the area.
5. CONCLUSION & REASONS FOR DECISION
It is concluded that the proposed short term accommodation is consistent with the Noosa Plan
2020 being identified as a consistent use in the Rural Zone and compliant with the scheme’s
applicable codes. While the site is less than 4ha specified by the acceptable outcome of the
Visitor Accommodation Code, the proposal is well setback from neighbouring dwellings, achieving
the separation intended by the minimum site area, and this will ensure the use does not detract
from the character and amenity of the local area. The proposed maximum number of guests will
also assist in managing potential amenity impacts and a condition is recommended restricting the
use of outdoor areas after 9pm. On site car parking will meet the likely demands of the use with
safe access provided from the service road off Cooroy Noosa Road.
The application is therefore recommended for approval with conditions.
Departments/Sections Consulted:
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Mayor Community Services Corporate Services
Councillors Director Director
Community Development Financial Services
Chief Executive Officer Community Facilities Fleet
Executive Support Libraries & Galleries ICT
Local Laws Procurement
Waste & Environment Health Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings & Facilities
Governance Economic Development Civil Operations
People & Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design & Delivery
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