Delegated Report - Code - Planning MCU22 0054

Author	Development Planner - Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0054
Applicant	Jodie Alice Williams Brett Raymond Gowley
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	1 April 2022
Information Request Date	27 April 2022
Information Response Date	5 July 2022
Decision Due Date	2nd September 2022
Report Completed Date	2nd September 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	315 Sister Tree Creek Rd Kin Kin Qld 4571
RP Description	Lot 2 SP 241381
Land Area	21.6674 Hectares
Existing Use of Land	Dwelling and Agricultural sheds and yards

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Biodiversity, waterways and Wetlands Bushfire Hazard Flood Hazard Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Short-term accommodation. The proposal seeks approval for four cabins to be used for short term accommodation and located in the southern corner of the site. The proposed cabins are single storied and comprise two individual pods, one for living areas and the other for a bedroom and bathroom. The cabins are proposed to have a gross floor area of 79.2 m2 with a skillion roof form and be of rammed earth construction. Each unit includes a carport for guest parking.
An existing shed on the site is to be converted for use as a reception area. The existing dwelling on the site is currently used for short term accommodation and the applicant has indicated that it will be used as a dwelling and not for short term accommodation once the cabins are operational.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
A pre-lodgement meeting was undertaken with the owner in October 2020, where glamping tents, nature based tourism and short term accommodation was discussed. The meeting noted that the site was constrained in terms of flooding and landslide and access would need to be further investigated.
Site Description
The subject site is an irregular shaped lot located to the northwest of the Kin Kin township. The site has frontage to Sister Tree Creek Road which is sealed and Gradys Lane which is of a dirt standard. The cabins are proposed to be located in the southern corner of the site which gently slopes down from Sister Tree Creek Road to a water course which runs through the property and along the northern boundary.
The site is characterised by grassed pasture with scattered vegetation along the northern creek line. The northern portion of the site contains a small hill which contains a dwelling and patches of vegetation.
Surrounding Land Uses
The site is approximately 3 kilometres north of the Kin Kin township and is surrounded by rural landholdings with the southern boundary adjoining portions of the Noosa Trail Network.
assessment
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;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Visitor Accommodation Use Code;
All Works Codes;
Bushfire Hazard Overlay Code
The subject site is located in Kin Kin hinterland area and is zoned Rural. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2/3 storeys max 8 metres	1 storeys 3.8 metres	
Site cover	45% max	complies	
Gross floor area	500m2 for individual buildings	79.2 m² per cabin	
Boundary setbacks Frontage Side Side Rear	10 metres min 10 metres min 10 metres min 10 metres min	10 metres 10 metres >10 metres >10 metres	
Length of wall	15 metres max	8 metres	
Carparking	1 space per cabin	1 space per cabin	

Visitor Accommodation Code
The planning scheme seeks to protect the amenity of surrounding areas from the impacts of short term accommodation. It is acknowledged that the use of premises for short term accommodation has the potential to have an impact on the visual amenity of the rural area as well as through noise, vehicle movements and waste disposal. The requirement for a development application for short term accommodation provides the opportunity to regulate the use of the site so as to mitigate these potential impacts.
The following is noted in this respect:
Residential dwellings on adjoining sites are located approximately 150 metres and 110 metres away from the cabins.
The cabins are located around an existing rural shed and existing access driveway in a cleared area.
The cabins are small scale and have small decks and conditions have been imposed restricting the use of outdoor areas after 10pm.
Sufficient area is available next to each cabin for carparking.
The Sister Tree Creek frontage is partially vegetated with screening to limit the visual impacts of the proposed cabins.
Conditions are included to address potential impacts including limiting the number of guests in total to 8 persons at any one time, prohibiting the use of outdoor areas after 10pm and requiring a register of complaints to be maintained.
The proposed use aligns with the intent of the Noosa Plan to facilitate short term accommodation within the rural area whilst maintaining the viability of rural activities on the site or the surrounding area.
A new Local Law for Short Stay letting commenced 1 February 2022 which regulates the ongoing operation of short stay letting and home hosted accommodation and manages the impacts on permanent residents and guest safety.  Accordingly, an advisory note will be included on the approval to alert the applicant to the requirements under this legislation.

Landscaping and Amenity
The proposed cabins are located in the southern portion of the site around existing farm yards and buildings.  The Visitor Accommodation Code requires the provision of a 3 metre landscaped area along the road frontages and the applicant contends that the provision of landscape buffer along the entire frontage is unreasonable and that the existing lilly pillies along Sister Tree Creek are appropriate.

As detailed in figure 5 below, a portion of the Sister Tree Creek Road frontage is screened by a row of trees however this vegetation does not fully extend across the entire area visible to the road including the area along Gradys Lane. It is noted that the cabins will be visible to the dwelling opposite the site at 292 Sister Tree Creek Road as illustrated in figure 6 below and further screening should be provided along this boundary. This screening is to be undertaken within the site boundaries.

Figure 5 – Vegetation

Figure 6 – View of dwelling at 292 Sister Tree Creek Road

Biodiversity, Waterways and Wetlands Overlay
The purpose and outcomes of the Biodiversity, Waterways and Wetlands overlay code is to protect, rehabilitate and enhance ecologically important areas and improve connectivity. A mapped waterway and riparian buffer runs through the site and along the northern boundary. The development is sited in a cleared area well clear of the Biodiversity or Riparian mapped areas and will not impact on the values of the ecological areas.

It is noted that the revised driveway location extends slightly into and along the edge of the mapped riparian and flood areas. Due to the driveway being located approximately 32 metres from the creek bank and crossing a cleared fenced paddock, the location is not considered to impact on the riparian values of the creek. It is noted that the portions of the riparian area are currently used as pasture and are mapped as agricultural land and it is not considered relevant to require revegetation of these areas.

Bushfire
One of the cabins is mapped with Bushfire Hazard Overlay Map – Potential Impact Buffer and is subject to the Bushfire Overlay Code. The applicant has advised:

…the site is generally surrounded by farmland pasture and the Bushfire Overlay affected area has a drainage line where only a few trees exist. The Overlay appears to have been applied to the site in error and without being ground truthed. A Bushfire Management Plan is therefore not considered to be required for this development.

Notwithstanding the above, at the time of Building Approval, the Building certifier will assess the development for bushfire and apply a bushfire attack level (BAL) and materials will be incorporated accordingly. It is likely it would be BAL-LOW as the buildings are more than 100m from any classified vegetation, and as such does not require any specific construction requirements.

The Bushfire Hazard Overlay Code outcome is to ensure that development avoids or mitigates the potential adverse impacts of bushfire on people, property, economic activity and the environment. Performance Outcome PO6 requires easy and safe evacuation of residents of premises and access by emergency services. Only one cabin is located within the mapped Potential Impact Buffer and no concerns are raised with the location as the cabin has good access to the access track on site and is surrounded by cleared pasture and a creek.

The proposal indicates rainwater tanks are to be provided with each of the cabins in accordance with the relevant guidelines and a condition will be included to this effect. This will provide additional bushfire management resources if needed.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environmental Officer, Development Assessment – no comments
Engineering Officer, Development Assessment – Concerns regarding access location and sight distances resolved. Conditions provided.
conclusion & reasons for decision
The application seeks to construct 4 cabins within the Rural Zone, for the purpose of short term accommodation. The key issues associated with the assessment of the application are the potential for detrimental impacts on the amenity of the surrounding properties and the compatibility with surrounding rural uses. These issues have been conditioned accordingly.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0054 for a Material Change of Use - Short-term accommodation situated at 315 Sister Tree Creek Rd Kin Kin Qld 4571 and described as Lot 2 SP 241381, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0054
Street address:	315 Sister Tree Creek Rd Kin Kin Qld 4571
Real property description:	Lot 2 SP 241381
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Short-term accommodation
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager 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.

Plans and Documents
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
Plan 01	V1	Site Plan	1.07.2022
Plan 02	V1	Cabin Site Plan	1.07.2022
A109	-	Elevations	7.12.2021
A107	-	Cabin Floor Plan	7.12.2021
A108	-	Cabin Roof Plans	7.12.2021
RS056	E	Rural Driveways prepared by Institute of Public Works Engineering Australia – Standard drawings	06.14
022-003	-	Unearthed Geotechnical	3.01.2022
20220162	2	RECOR – proposed driveway crossover layout	26.08.2022
Currency Period
This development approval lapses if the use has not happened by 2nd September 2028, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Design
The cabins and associated structures must be finished with muted tones that blend with the surrounding natural environment.
Nature and Extent of Approved Use
The total number of cabins on the site that are available for guest accommodation must not exceed 4.
The existing dwelling in the northern section of the site is not approved for short term accommodation use.
The total number of guests accommodated at any one time must not exceed 8.
The approved use must be used only for short term visitor accommodation only. The site must not be occupied by persons for the purpose of permanent accommodation, excluding those persons in the existing residence for the premises, or used for events, functions or the like (e.g. weddings, parties, festivals etc.).
All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm each night.

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.
Contact Person
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 20 minutes travel time (by vehicle) 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.
A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
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 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.
The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
The contact person must respond to all complaints within 30 minutes of notification of a complaint.
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.
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:
the written record of complaints referred to in condition 16; and
the register referred to in condition 18.
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:
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 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.
Landscaping Works
The development site must be landscaped at prior to the commence of use on site.  The works must be undertaken prior to the use commencing and in accordance with the Noosa Plan for that specific area and must include in particular:
Dense vegetated screening for a width of 10 metres is to be provided along the Gradys Lane frontage (inside the property boundary) for a distance of 47 metres from the intersection with Sister Tree Creek Road. The vegetation is  to screen the site for the life of the development. Vegetation to be planted is to be in accordance with Council’s Planning Scheme Policy PSP2 – Landscaping to include tall tree/canopy and understorey layers.
Control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Retention of Existing Trees
All existing native vegetation located on the site and in the road reserve must be retained and protected.
The development must maintain a setback to vegetation as identified on the Approved Plans.
Bushfire Management
Access/Egress tracks must be maintained, be safe and available at all times to all of the development for emergency vehicles and personnel.
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 4000 litres per cabin.
Environment
No development is permitted in the mapped riparian buffer area (Noosa Plan 2020) other than the approved access driveway as detailed drawing No. C01, Rev 2 Proposed Driveway Crossover Layout prepared by RECOR Consulting dated 26 August 2022.
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Site Access and Driveways
A sealed access driveway must be provided from Sister Tree Creek Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must be constructed generally in accordance with drawing No. C01, Proposed Driveway Crossover Layout prepared by RECOR Consulting dated 26 August 2022.
The property owner is wholly responsible for the ongoing maintenance of the proposed driveway access and gravel access track. The property owner must ensure that the driveway access and gravel access track are returned to their post-construction conditions after significant weather events that may have caused damage due to flooding.
Car Parking
A minimum of 5 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
1 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
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.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property and follow the recommendations contained in section 5.0 of the Wastewater Design Report 022-003 prepared by Unearthed Geotechnical P/L listed within this Decision Notice.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the ‘Findings’ section of the Site Investigation Report 022-003 prepared by Unearthed Geotechnical P/L listed within this Decision Notice.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
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.
Short Stay Letting Local Law
On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home hosted accommodation. The new 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 the council website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Infrastructure Charges
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/planning-development/development-tools-guidelines/infrastructure-charges
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
Is a Registered Professional Engineer of Queensland (RPEQ); and
Has a degree in civil engineering or engineering geology; and
Has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology.
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
Waste Water Treatment and Disposal System
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. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.

property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Car parking and access, Stormwater, Drainage work, Earthworks, Landscaping
Development Permit for Building Works	All building work
Development Permit for Plumbing Works	Effluent Disposal
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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