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Planning report 2020
proposal report
development application
Development Permit for a Material Change of Use of Premises for Short
Term Accommodation
over Lot 3 on RP87781 and located at 3 Robert Street Noosaville
Prepared For: Borilola Pty Ltd
Prepared: October 2020
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proposal report
Prepared by:
Martoo Consulting Pty Ltd
13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440
© Martoo Consulting Pty Ltd 2017
The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.
All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted in any form without the written permission of Martoo Consulting Pty Ltd.
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Contents
1.0 Summary ......................................................................................................................... 4
1.1 Development application details ............................................................................................. 4
1.2 Planning instrument details ..................................................................................................... 4
1.3 Referral agencies ..................................................................................................................... 4
2.0 Site details ....................................................................................................................... 5
2.1 Site description ....................................................................................................................... 5
2.2 Surrounding land uses ............................................................................................................. 6
3.0 Proposed development details ......................................................................................... 7
4.0 Planning assessment ........................................................................................................ 8
4.1 Noosa Plan……………………………………………………………………………………………………………………………….…8
5.0 State assessment and other matters .............................................................................. 12
5.1 State interests ....................................................................................................................... 12
7.0 Conclusion .................................................................................................................... 13
8.0 Appendices ................................................................................................................... 14
Appendix A Proposal Plans
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1.0 Summary
1.1 Development application details
Proposed development: Short Term Accommodation
Type of approval sought: Development Permit for Material Change of Use
Site address: 13 Robert Street, Noosaville Qld 4566
Real property description: Lots 3 on RP87781
Site area: 717m2
Assessment manager: Noosa Council
Owner details: Maxwell and Elaine Keegan
Applicant details: Borilola Pty Ltd
1.2 Planning instrument details
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
2014)
Designation: Urban Footprint
Planning scheme: Noosa Plan 2020
Zone: Medium Density Residential zone
Local plan: Noosaville Local Plan
Level of assessment: Impact
Applicable overlays: Acid Sulfate Soils
Flood Hazard
Applicable codes: The Planning Scheme
1.3 Referral agencies
There are no applicable referral agencies for the proposal.
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2.0 Site details
2.1 Site description
The subject site is a square shaped lot located on the western side of Robert Street, Noosaville
and described as Lot 3 on RP87781. The site contains a contemporary residential dwelling. Figure
1 provides a plan of the location of the site.
Pedestrian and vehicular access is from Robert Street with a double garage accessed from the
driveway. The subject site is serviced by standard community infrastructure including reticulated
water supply and sewerage, underground telecommunications and overhead electricity supply,
bitumen roadways and kerb and channel.
The site is to the best of our knowledge is not known to be contaminated.
Figure 1: Aerial view and site identification Source: Noosa Council
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Figure 2: Satellite view and site identification Source: Noosa Council mapping
2.2 Surrounding land uses
The site is located in a residential area which is characterised by a mix of residential dwellings and
unit complexes including holiday accommodation
Table 2: Surrounding land uses
Surrounding land uses
North Residential dwelling and carparking area of duplex dwelling
South Residential dwelling
West Sonoma Unit complex – mix of permanent and holiday units
East – opposite the site Como Holiday resort
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3.0 Proposed development details
The applicant proposes to utilise the existing residential dwelling for short term accommodation. No
changes are proposed to the existing building with all parts of the site to be available for the
proposed use.
The applicant advises that:
They will utilise a local property manager to oversee letting, management and maintenance
of the premises.
They will prepare a code of conduct and management agreement for all guests utilising the
premises for short term accommodation.
All guests will be required to sign the agreement and terms of rental.
The two car garage and associated driveway will be available for carparking for guests.
No events, weddings, parties or the like are to occur on the premises.
In support of the proposal the following is noted:
The outdoor area (patio) and pool area are located adjacent to the Robert Street frontage.
The outdoor patio area is roofed and enclosed on three sides.
Holiday units known as Como are located directly opposite the site.
Three bedrooms are located at the rear of the property.
The property is fully fenced and landscaped .
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4.0 Development Assessment
4.1 Noosa Plan
The Noosa Plan 2020 defines Short term accommodation as:
a) means the use of premises for
i) providing accommodation of less than three (3) consecutive months to tourists or
travellers; or
ii) a manager’s residence, office, or recreation facilities for the exclusive use of guests,
if the use is ancillary to the use in subparagraph (i); but
b) does not include a hotel, nature-based tourism, resort complex or tourist park
The Noosa Plan includes the site in the Noosaville Local Plan and provides the site with a Medium
Density Residential zoning. The assessment table for the zone indicates that Short Term
Accommodation uses are impact assessable. Impact assessable applications are required to be
assessed against the entire scheme however the most relevant Codes for assessment include:
Noosaville Local Plan Code
Low Density Housing Code
Medium Density Residential Zone Code
Visitor Accommodation Code
Works Code
Noosaville Local Plan Code
The proposal has been reviewed against the Noosaville Local Plan Code and is considered to
comply with the Purpose and Overall Outcomes of the Code which include:
(f)The Noosaville local plan area maintains its roles for both the provision of much of the
commercial, retail, administrative, industrial and social needs of the coastal urban portion of
Noosa Shire and as a major focus area for visitor accommodation and services.
The use of the existing dwelling for short term accommodation provides visitor accommodation for
the area.
Low Density Housing Code
The purpose of the Low-density housing code is to ensure short-term accommodation is:
1. appropriately located;
2. achieve a high level of comfort and amenity for occupants;
3. maintain amenity and privacy of neighbouring residential premises; and
4. are compatible with the character and streetscape of the local area.
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The proposed use of the dwelling for short-term accommodation is considered to comply with
purpose and outcomes as:
Located opposite and adjacent to unit developments that are used for short term visitor
accommodation.
Is close to the recreational and visitor facilities located in the Noosaville area.
The design maintains privacy for neighbouring residents by locating the outdoor areas to
the street frontage and fully fencing the site.
Is of residential scale compatible with the surrounding development.
Medium Density Residential Zone Code
The proposal has been reviewed against the Medium Density Residential Zone Code and is
considered to comply with the Purpose and Overall Outcomes of the Code which include:
(b) The character of medium density residential neighbourhoods varies due to factors such as
proximity to beaches, the Noosa River, recreation spaces, centres, topography, availability
of views, the established vegetated character, the presence of visitor accommodation and
the age of development.
(c) Development makes a positive contribution to the look and feel of residential
neighbourhoods by maintaining a low scale character with well designed buildings and
landscaping that enhance the streetscape.
(d) New uses are located, designed and managed to be compatible with surrounding uses.
The short term accommodation use is proposed to be located in an existing single storey contemporary
dwelling that complements the scale of development in the area.
It is noted that the outcomes of the zone also state:
a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
The subject site is located in an area that comprises resort complexes used for visitor accommodation
as well as residential dwellings and smaller unit complexes that are used for both permanent and visitor
accommodation. The use of the subject site for visitor accommodation will not prejudice the outcome of
the zone as there are still areas in the locality available for permanent accommodation.
A review of the most relevant sections of the code is detailed below:
Performance Outcomes Acceptable Outcomes Proposal Compliance
PO6 AO6.1
Visitor accommodation is limited to Home-based businesses allow for up to Not applicable – not a traditional bed and breakfast - host
formats compatible with the four short term guests to be
not on site.
character and use of the area so as accommodated within the home of the
not to cause unreasonable loss of host while the host remains in
residential amenity, having regard residence, such as traditional bed and
to: breakfast accommodation.
a) the privacy of residents AO6.2 Not a party house. Premises to be used for luxury holiday
on the subject property or Short-term accommodation does not: rental and not to be rented out for parties. Existing
adjoining properties; a) constitute a party house; dwelling comprises 4 bedrooms and one kitchen area and
b) any likely increase in b) create noise that would is not suited to use for parties.
noise to adjoining properties; unreasonably impact on the
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c) the scale of the use and residential amenity enjoyed by the The design of the dwelling locates the alfresco living areas
its compatibility with the adjoining or surrounding and pool areas at the front adjacent to the road and away
character and uses within the properties. from adjoining units and dwellings.
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;
h) the location of waste
storage areas in relation to
sensitive land uses; and
i) any impact on shared
vehicular access or parking
AO6.3 Refer above. Outdoor living areas located to front of site
Buildings are designed and overlooking Robert Street.
orientated so that the majority of
outdoor living areas face away from
the habitable areas of adjoining
dwellings.
AO6.4
Waste storage areas are screened Bin area located along side boundary and suitably
and located to the rear or side of screened
a building and are not located along
any frontage to a public street or
space.
Visitor Accommodation Code
The proposal has been reviewed against the Visitor Accommodation Code and is considered to
comply with the Purpose and Overall Outcomes of the Code. The design of the dwelling minimises
the potential for the short term accommodation to impact on the surrounding residents through the
provision of sufficient carparking on site and located of entertainment areas to the street frontage
away from openings and bedrooms of adjoining buildings. The relevant Performance Outcomes
are addressed below:
Performance Outcomes Acceptable Outcomes Proposal Compliance
PO22 No acceptable outcome provided Complies – existing dwelling is self contained.
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.
PO25 No acceptable outcome provided Complies – As detailed in the aerial photograph
Short term accommodation in a below the single dwelling is of an architectural style
single dwelling is limited to formats
and character of the surrounding area which
compatible with the character and use of
includes single dwellings duplex developments and
the area so as not to cause unreasonable
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loss of residential amenity, having regard to: larger unit developments.
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 impact on the safety and efficiency
of the local road network;
f) the impact of waste storage areas on
the visual amenity of the area or
sensitive land uses; and The design of the dwelling with outdoor areas to the
g) any impact on shared street frontage and bedrooms to the rear, single level
vehicular access or parking. format and masonry block fencing around the perimetre
of the site maintains the privacy of the visitors to the site
as well as surrouding properties.
The dwelling is existing and consistent with the
adjoining dwelling to the south.
The site is located in the Noosaville local area which
contain a mix of permanent and visitor accommodation.
The site is in close proximity to the Noosaville foreshore
and tourist areas along Gympie Terrace and is dierctly
opposite resort developments including Como Noosa
that provide visitor accommodation in self contained
units. The use of the dwelling for visitor accommodation
is compatible with the surrounding area
The use of the site for visitor accommodaiton will not
impact on the road network.
Waste storage areas are located on site and are
suitably screened.
Carparking for 2 vehicles is available on site in the
garage with the driveway suited to tandem carparking.
Overlays
The site is mapped as being affected by the Natural Hazards Overlay and is within a Flood Hazard
area and an area of High potential Acid Sulfate Soils.
The Overlays do not impact on the proposal.
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5.0 State assessment and other matters
5.1 State interests
The proposal is for an urban activity within the Urban Footprint, and is located outside the Koala
Assessable Development Area. The proposal is compliant with the relevant State Regulatory
Planning Provisions.
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7.0 Conclusion
The above development application has been submitted to the Noosa Council as the Assessment
Manager of the application under the Planning Act 2016 This application seeks a Development
Permit for a Material Change of Use of Premises for a Short Term Accommodation in an existing
dwelling which is impact assessable development under the Noosa Plan 2020.
This application can be supported on a number of grounds as provided in detail in the above
report. These grounds include:
The Noosaville Local Plan Area is detailed as a major focus area for visitor
accommodation;
The design of the dwelling minimises impacts on the surrounding area;
Substantial carparking is available on site that supports the development.
The surrounding land uses and roadways to the site and the characteristics of the
locality support the use of the site for short term accommodation;
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8.0 Appendices
Appendix A - Proposal plans
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