Original source · versioned page text
planning report Park Cr_Bain
Development Application
Planning Report
Other Change to MCU20/0073
for Short Term Accommodation and Multiple dwellings
(4 dwellings)
situated at 13 and 15 Park Cr, Sunshine Beach
(Lot’s 0, 1, 2 and 3 on BUP416 and Lot 447 on RP48112)
Page 1 of 12
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 11 pages
Page 2
Contents
1.0 Summary ......................................................................................................................... 3
1.1 Development application details ............................................................................................. 3
1.2 Planning instrument details ..................................................................................................... 3
1.3 Referral agencies ..................................................................................................................... 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 ........................................................................................................ 8
4.1 Other Change Assessment ....................................................................................................... 8
4.2 Strategic Framework ............................................................................................................... 8
4.3 Coastal Communities Local Plan Code ...................................................................................... 9
4.4 Medium Density Residential Zone Code ................................................................................... 9
4.5 Visitor Accommodation Code................................................................................................. 11
5.0 State assessment and other matters .............................................................................. 12
5.1 State interests ....................................................................................................................... 12
5.1.1 Matters established in the Planning Regulation ............................................................................ 12
5.1.2 State Planning Policy ...................................................................................................................... 12
6.0 Conclusion ..................................................................................................................... 12
Client Name: MC Bain
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 3
Date: 25 August 2021
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.
Page 2 of 12
Page 3
1.0 Summary
1.1 Development application details
Proposed development: Multiple dwellings (4 dwellings) & Short Term
Accommodation
Type of approval sought: Other Change to Existing Approval
Site address: 13 & 15 Park Cr, Sunshine Beach
Real property description: Lot’s 0, 1, 2 & 3 on BUP416 and Lot 447 on RP48112
Site area: 1,119m2
Assessment manager: Noosa Council
Owner details: MC. Bain and others
Applicant details: MC. Bain c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy 2017
Regional plan: SEQ Regional Plan 2009–2031 Urban footprint designation.
Designation:
Planning scheme: The Noosa Plan 2020
Zone: High Density Residential zone
Level of assessment: Impact
Applicable overlays: Not Applicable
Applicable codes: Strategic Framework
Relevant codes
Coastal Communities Local Plan Code
Medium Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Code
Visitor Accommodation Code
Works codes
1.3 Referral agencies
Nil
Page 3 of 12
Page 4
2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use Multiple dwelling (3 units) and a dwelling house
Frontage and Approximately 82m to Park Crescent
access
Topography and The site slopes from west to east with views to the ocean.
views
Existing Approval MCU20/0073 – Multiple dwelling (4 dwellings).
- Expected construction early 2022
Page 4 of 12
Page 5
Figure 1 - Aerial view, site identification and zone map. Site identified with a red perimeter. Source: Noosa DA Mapping System
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Dwelling houses and units exist along Park Crescent. The majority of the units have been constructed
prior to The Noosa Plan 2006 and therefore have existing use rights for both short term accommodation
and permanent residential uses. There are also dwelling houses close by in the Medium Density
Residential zone where short-term accommodation and permanent residential uses are consistent
uses. The subject site is in close proximity to the Sunshine Beach village centre, the Sunshine Beach
surf club and a patrolled beach.
East On the seaward side of Park Crescent to the east are dwelling houses in Low Density Residential zone
as shown in Figure 1 above. Given these houses are affected by the Natural Resources Overlay for
Coastal Protection it is likely the dwellings have a planning approval which affords use rights by the
superseded planning scheme definition of a Detached House and these dwelling houses are likely to
have the right to be used for both permanent and short-term accommodation for the life of the
development.
West To the west of the site is High Density Residential zone where short-term accommodation and
permanent accommodation is a consistent use. The majority of the units were constructed prior to The
Noosa Plan 2006 and therefore have use rights for both permanent and short-term accommodation.
Page 5 of 12
Page 6
3.0 Proposed development details
Table 3: Summary of development aspects
Material change of use (No changes to the built form approved)
Bedrooms 4 x 3 bedroom units
Gross floor area (GFA) Plot ratio 0.62:1 (694m2)
Car parking 10 car spaces being 2 per unit and 2 visitors within a
basement configuration
The application proposes to use the 4 approved Multiple dwellings for short term accommodation.
No changes are proposed to the existing approval, with a copy of the approved floor plans included
below:
Figure 2 - Basement and Ground floor layout (2 units)
Page 6 of 12
Page 7
Figure 3 - Typical First and second floor
The following features relating to the management of the short-term accommodation are proposed:
• Maximum of 2 guests per bedrooms.
• A local property manager will oversee the letting, management and maintenance.
• A code of conduct is to be developed for all guests.
• A local contact person must respond to complaints within an allotted timeframe.
• Onsite car parking is available for guests.
• No parties or events are to occur on the premises.
• Restrict the use of outdoor areas after 9pm.
Page 7 of 12
Page 8
4.0 Planning assessment
4.1 Other Change Assessment
A Change other than a minor change under the Planning Act 2016, allows for a change that may
result in a substantially different development. Section 82(4) of the Planning Act 2016 prescribes the
matters for assessing the deciding the change application in the context of the existing development
approval.
The following assessment considers the applicable matters in the context of the existing approval
for Multiple dwelling (4 dwellings), and the change to incorporate short term accommodation for all
dwellings. The application also includes Multiple dwellings to ensure the dwellings can be used for
either short term accommodation or permanent accommodation interchangeably.
Important note: the application was strictly scrutinized for privacy/amenity at the time of the original
approval. Therefore, it is concluded that the premises already clearly meets all privacy provisions
sought by the Planning Scheme and no further assessment is required.
4.2 Strategic Framework
The following Strategic Plan Outcomes are relevant to this assessment.
The Strategic framework sections 3.2.1,3.2.2, 3.3.1 and 3.3.3 highlight the importance of tourism
and a need to provide for visitor accommodation. These sections are provided below.
3.2.1
The Shire serves as a domestic and international tourism destination with particular emphasis on
nature-based recreation opportunities. Tourism and retail are significant contributors to the local
and regional economy and these provide a strong platform of leverage for other parts of the
economy.
3.2.2
Noosa Shire is one of the most desirable places in the world to live and is an internationally
recognised tourist destination. This status has been both the result of good fortune in terms of
climate, amenity and natural resources, and good management in terms of how consecutive
generations have cared for the place and evolved a set of community values and planning principles.
These long standing values and principles have shaped the development of Noosa Shire and have
been the foundation of Noosa's planning schemes.
3.3.1
(n)Noosa continues to be a highly regarded destination for visitors from around Australia and
overseas. Varying types of accommodation and services cater for visitor needs.
3.3.3
The strategic outcomes for housing choice by 2041 are:
(a) Residential development occurs on land that is suited and designated for the intended form of
housing and avoids any unnecessary removal of significant vegetation.
(c) Residential development only occurs where it will not prevent or inhibit the conduct of existing
land uses that are legitimately located or planned for in that location.
(d) Residential development is designed within the planned capacity of infrastructure including roads,
water and sewerage.
The Framework and Outcomes outline the importance of tourism in the Shire and its reliance on the
natural beauty of the hinterland and coastal areas. The coastal areas historically serviced visitors in
holiday homes and units with resorts clustered to the north of the coastal communities and Noosa
Heads.
Page 8 of 12
Page 9
The proposal is unlikely to impact surrounding amenity as short term accommodation has historically
been undertaken throughout the High Density Residential zones and the residents are accustomed
to having visitors scattered throughout the neighbourhood. The guests do not generate additional or
place any further impacts on infrastructure, road, water or sewage. In fact, it is likely the opposite as
the premises is not operated 100% of the time, unlike that of a permanent residential use.
Furthermore, the strategic intent is to limit visitor accommodation in traditional residential
neighbourhoods of detached dwellings, but allow it in areas zoned for unit developments and located
generally closer to centres, facilities and services. The proposal is located a short walk from the
Sunshine Beach village centre, the beach and a few minutes’ drive to Hastings Street. The proposed
short-term accommodation supports Noosa’s tourism industry and provides an alternative form of
visitor accommodation to resort and motel style accommodation.
The proposal is consistent with the Strategic Framework as it is located within a unit area, near all
the amenities Sunshine Beach offers.
4.3 Coastal Communities Local Plan Code
The Overall Outcomes of the local plan code seek development in Sunshine Beach provides high
proportion of detached houses and some multi-unit accommodation for permanent residents. The
subject site is opposite a medium density residential zone of older style units which have existing
lawful use rights to be used for either short or permanent accommodation. The proposal will
contribute to this visitor accommodation choice in the area and integrates into the mix of residential
uses in the neighbourhood.
Performance Outcomes PO1, PO2, PO14 and PO15 are applicable and provided below.
PO1
Development enhances the role of the coastal communities as a beachside residential area which
also include a considerable amount of visitor accommodation.
PO2
Development contributes to the lifestyle and amenity of residents and visitors in the coastal
communities.
PO14
Development provides a diversity of types and styles of visitor accommodation to cater for a range
of visitor experiences in close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent residential
dwellings.
The proposal is providing Short term accommodation in a beachside residential area and complies
with PO1 of the code. The subject site is walking distance to Sunshine Beach patrolled flags and
maintains a beachside feel, which the code seeks for visitors and permanent residents alike. By
providing visitor accommodation, the proposal contributes to the role the coastal communities plays
in the Shire and that the code seeks.
The development provides for a diversity of visitor accommodation in close proximity to the Sunshine
Beach, a key tourist area. Existing units are located next to the development providing a mix of both
permanent and visitor accommodation in close proximity given the age of the units and the use rights
afforded to them. The proposal complies with the Overall outcomes and the relevant Performance
Outcomes of the Local Plan Code. Also in support, the surrounding Low Density residential zone
provides a mix of residential uses given the Planning Scheme allows Short term accommodation to
occur in that zone.
The proposed Short term accommodation would employee local gardeners, cleaners, pool
Page 9 of 12
Page 10
maintenance, electricians, plumbers, administration assistants, security services and a range of
other contractors to service the premises.
4.4 High Density Residential Zone Code
Performance Outcome O6 describes specifically about Short Term Accommodation and is
reproduced below:
PO3
Land uses including short-term accommodation are limited to those which are compatible with high
density living in urban neighbourhoods and do not cause unreasonable loss of amenity, having
regard to:
a) the privacy of residents on the subject property or adjoining properties;
b) any likely increase in noise to adjoining properties;
c) the scale of the use and its compatibility with the character and uses within the property or
surrounding area;
d) retention of the primary residential function of an area;
e) the residential function and arrangement of common property;
f) the impact on the safety and efficiency of the local road network;
g) the impact of waste storage areas on the visual amenity of the area or sensitive land uses;
h) the location of the waste storage in relation to sensitive land uses; and
i) any impact on shared vehicular access or parking.
The site is surrounded by existing two and three storey units and dwelling houses of which many are
let for visitor accommodation. Sunshine Beach is well known holiday destination and has a general
mix of permanent and visitor accommodation given its ideal location near the beach, and its food
and retail offerings at the village centre. The proposed use adds to the character of the Sunshine
Beach village and is compatible and consistent with uses in the area.
The units are not proposed to be a party house and management will control the short-term use to
ensure the privacy of permanent residents in the surrounding area. The design ensures privacy
between neighbours as the main living and outdoor dining areas orientate to the east overlooking
the beach away from the immediately adjoining unit/s.
In terms of shared common areas, such as car parking and waste disposal area, specific
requirements will be built into the Community Management Statement and a ‘code of conduct’
provided to all users and occupants to regulate amenity, waste, vehicles, guests and pets.
The proposal complements and is consistent with the character of Sunshine beach. The use of the
premises will not impact on the function or amenity of any of the surrounding uses. In accordance
with recent approvals for Short Term Accommodation in the Sunshine Beach area the unit will ensure
a local contact person responds to complaints within an allotted timeframe. The property will also be
required to register for any Local Law for short stay letting (currently draft) the Council implements.
https://www.noosa.qld.gov.au/downloads/file/3001/2021-07-15-ordinary-meeting-minutes
(MCU15/0069.01 - Other Change 1/39 Duke St, Sunshine Beach)
Parking is adequate as 2 car spaces is provided per dwelling and 2 visitor spaces of which fully
complies with Table 9.4.1.4 of the Driveways and parking code. There is no reason that any more
car spaces would be required because the premises is used for short term accommodation.
Importantly, there are not expected to be anymore guests for short term accommodation than there
would be for Multiple dwellings.
Page 10 of 12
Page 11
4.5 Visitor Accommodation Code
The specific Purpose and Overall Outcomes are reproduced below:
(1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation is appropriately
located, designed and operated in a manner which meets visitor needs, protects and enhances
landscape values, protects the amenity of surrounding premises and avoids conflicts with surrounding
uses.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s natural
environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in coastal areas
and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively responds to
site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity and natural
landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or landscape
fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract from the amenity
enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to carry out
agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities commensurate with
its setting, the types of accommodation supplied and the length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
The site is located within an area of mixed visitor and permanent residential uses and is more than
100m from any educational or childcare centres, and is not considered to conflict with nearby land
uses. Sufficient carparking is also provided as discussed above in Section 4.4 of this report.
The proposal also includes high end finishes with dining, kitchen and laundry facilities to
accommodate the needs of visitors in an appropriate location close to beaches and shops, consistent
with the Outcomes of the code.
Page 11 of 12
Page 12
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil – Outside the Koala Assessable Development Area.
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 provisions.
6.0 Conclusion
This application seeks an Other Change for Short Term Accommodation situated at 13 and 15 Park
Crescent, Sunshine Beach. The proposal is a consistent use in the High Density Residential Zone
and is required to follow an impact assessment process. In accordance with S45 of The Planning
Act 2016 an Impact assessment application must be assessed against the assessment benchmarks
(Noosa Plan 2020), and other relevant matters (i.e. planning need, changed circumstances).
Where there is inconsistency between provisions in the planning scheme, the strategic framework
prevails over all other components to the extent of the inconsistency for impact assessment.
Although this report does not consider there is any inconsistency between the provisions, Council
must consider the application in regard to Section 1.5 of The Noosa Plan which states that the local
plan codes prevail over zone codes, use codes and other development codes to the extent of
any inconsistency.
The relevant provisions of the Coastal Communities code strongly support development of Short
Term Accommodation units for visitor accommodation in close proximity to key tourist area, which
are not located in predominantly permanent residential areas.
PO1
Development enhances the role of the coastal communities as a beachside residential area which also include a considerable
amount of visitor accommodation.
PO2
Development contributes to the lifestyle and amenity of residents and visitors in the coastal communities.
PO14
Development provides a diversity of types and styles of visitor accommodation to cater for a range of visitor experiences in
close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent residential dwellings.
The assessment finds the proposal meets the relevant Acceptable and Performance Outcomes of
the Noosa Plan 2020, and the consistent use does not require an assessment against other relevant
matters. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.
Page 12 of 12