2022-06-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 JUNE 2022


RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 7 June 2022 regarding Application No. MCU21/0009 for a Development Permit for
Material Change of Use - Home-based business (Bed and Breakfast), situated at 7 Berrima Row,
Noosa Heads and:
A.    Refuse the application for the following reasons:
      1.    The development does not provide sufficient car parking and therefore does not comply
            with:
            a.    Overall Outcome 2(c) and Performance Outcome PO12 of the Home Based
                  Business Code; and
            b.    Overall Outcome 2(b) and Performance Outcome PO6 of the Driveways and
                  Parking Code;
      2.    The development will adversely impact on the surrounding amenity given that
            insufficient on site car parking is proposed and therefore does not comply with:
            a.    Overall outcome i) and Performance Outcome PO3 of the High Density
                  Residential Zone Code;
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
1.    PROPOSAL
This application seeks a development permit for a Material Change of Use of premises to establish
a Home Based Business (Bed and Breakfast) within an existing dwelling. The existing building
comprises a primary dwelling house and a secondary dwelling. The primary dwelling house
includes 3 bedrooms, 3 ensuites, a secret room, double car garage, laundry, study, living, dining
and a kitchen.
Bedroom 2 is proposed to be used as a guest suite; guests will be able to use the main kitchen on
Level 2. The secondary dwelling located on the lower level comprises one bedroom, an ensuite,
kitchen, living, dining and several decks.
It is proposed to use the existing double garage with one car space within the driveway for car
parking.
With regards to car parking, the applicant’s position is as follows:
      We acknowledge that Table 9.4.1.4 of the Driveways and Parking code requires 1 covered
      space for a home hosted accommodation room and 3 covered spaces for a dwelling
      house/secondary dwelling. However, we note that the house and secondary dwelling was
      approved by Council under the superseded Noosa Plan 2006, which only required 1 space
      plus 1 space for the secondary dwelling (2 total). Therefore, it is considered that a total of 3
      spaces are required on site as a result of this home based business, which is achieved. We
      are not proposing any changes to the dwelling house or secondary dwelling to accommodate
      the home based business. The surrounding sites currently comprise single dwelling houses
      and it is the intent of the applicant to remain inconspicuous and low key and the provision of
      4 car parks and additional garaging built form for a dwelling house will jeopardise this
      outcome. Further to this, providing only a single room for home hosted accommodation
      allows the existing dwelling to accommodate this minor home based business element
      without any changes to the building form and parking function of the existing dwelling house.
      This is an outcome encouraged in the high density zone code and home based business
      code and a really positive outcome for the streetscape and local area.




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