2023-01-19 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                         19 JANUARY 2023


3.   SSL22/1856 - PLANNING & ENVIRONMENT COURT APPEAL NO D174 OF 2022 –
     APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
     SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 52 DUNCANS LANE,
     NOOSA NORTH SHORE
     That Council note the report by the Manager Development Assessment to the General
     Committee Meeting dated 16 January 2023 regarding Planning & Environment Court Appeal
     D174 of 2022 and agree to defend the appeal.



4.   MCU22/0067 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
     CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD,
     TINBEERWAH
     Motion
     Moved:          Cr Wegener
     Seconded:       Cr Jurisevic
     That Council note the report by the Graduate Development Planner to the General Committee
     Meeting dated 16 January 2023 regarding representations to Development Approval
     (MCU22/0067) for a Material Change of Use – Short-term accommodation situated at 401
     Sunrise Road Tinbeerwah and:
     A.   Amend conditions 12 and 15 to read as follows:
          12.    The driveway, including the crossover from Sunrise Road, must be sealed for a
                 length of 34 metres to meet the existing sealed portion of the driveway, to the
                 satisfaction of the Manager Development Assessment.
          15.    The development must be provided with an approved reticulated potable water
                 supply. The storage capacity of the potable water supply must be a minimum of
                 50,000 litres (e.g., 1 x 50,000 litre tank or 2 x 25,000 litre tanks).
                 There is to be an adequate quantity of water to be made readily available for the
                 number of guests for the duration of the booking.
     B.   Refuse the representations made for conditions 5 and 6 for the following reasons:
          Condition 5
           1.    An acoustic monitoring report has not been provided to demonstrate that no
                 amenity impacts will arise to the surrounding residents.
           2.    A four bedroom dwelling should be limited to a maximum of 8 guests.
          Condition 6
          1.     The use of outdoor areas at night by guests accommodated on the site has the
                 potential to adversely impact resident’s amenity, given the pool and outdoor areas
                 are located within reasonable proximity to nearby houses.
          2.     The restriction on use of outdoor areas only applies to use of the property for short
                 term accommodation and does not apply to the residential use of the property by
                 owners.
     C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




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