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Planning Report
Town Planning Report Application for a Development Permit – Material Change of Use for Short Term Accommodation 2 Lowry Street, PEREGIAN BEACH 4573 QLD Lot 15 on P93124 Kathryn Payne and Simon Payne
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Page 2
Table of Contents
Important Note 1
1. Summary 2
2. Application Information 3
3. Characteristics of Site and Surrounds 4
3.1 Site Characteristics 4
3.2 Site History 7
3.3 Surrounding Land Uses 7
4. Development Intent 8
5. State Planning Interests 9
5.1 Planning Act 9
5.2 State Planning Policy 9
5.3 South East Queensland Regional Plan 2017 9
5.4 Referral Agencies and State Development Assessment Provisions 9
6. Noosa Council Planning Scheme Considerations 11
6.1 Use Definition 11
6.2 Zoning and Locality 11
6.3 Level of Assessment 11
6.4 Applicable Codes 11
6.5 Applicable Overlay Codes 16
7. Conclusions 17
List of Figures
Figure 1: Site Location Map 4
Figure 2: Photograph of Site – Crn of DLW and Lowry St 5
Figure 3: Cadastral Map 6
Figure 4: Council Zone Map & Holiday Rentals 7
Figure 5: Unexploded Ordnance Overlay 10
List of Tables
Table 1: Application Information 3
Table 2: Surrounding Uses 7
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Kathryn Payne and Simon Payne (“Client”) for
the specific purpose of demonstrating the proposed use as being permitted under the Noosa Plan
2020 (“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it
and does not apply directly or indirectly and will not be used for any other application, purpose, use
or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
arising out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions or subject matter contained
in this report.
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
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1. Summary
Kathryn Payne and Simon Payne (the Applicant) have engaged RG Strategic to seek development
approval for an impact assessable application for a Short-term Accommodation use on the site
(refer to Site Plans enclosed in Appendix A).
The subject site consists of an irregular parcel of land and contains an existing detached dwelling.
The site is located at 2 Lowry Street, Peregian Beach 4573 QLD, and is formally described as Lot 15
on P93124.
The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Material Change of Use is defined by the Noosa Plan 2020
as consistent and permitted.
This planning report provides details of the nature of the proposal, describes the site characteristics
and surrounding land uses, and provides a statutory assessment against the intent of the Noosa
Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the Noosa Plan 2020; and
• A conclusion that provides summary grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Form and
appendices. The proposed short term accommodation use is consistent with the intent of the Noosa
Plan 2020 for the subject land and warrants approval subject to reasonable and relevant
conditions.
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2. Application Information
Table 1: Application Information
Address 2 Lowry Street, Peregian Beach 4573
Real Property Description Lot 15 on P93124
Land Area 608m2
Local Authority Noosa Council
Current Use Detached residential
Planning Scheme Noosa Plan 2020 (25th September 2020)
Local Plan Coastal Communities
Zone Medium Density Residential Zone
Coastal Communities Local Plan Code,
Low Density Housing Code,
Relevant Codes and
Overlays Medium Density Residential Zone Code,
Visitor Accommodation Code, and
Works Code.
Applicant Kathryn Payne and Simon Payne
Level of Assessment Impact Assessable
Referrals Not applicable, refer to section 5
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3. Characteristics of Site and Surrounds
3.1 Site Characteristics
The land which is the subject of this report (i.e. the subject site) is located at 2 Lowry Street, Peregian
Beach 4573; legally described as Lot 15 on P93124. Refer to Figure 1 Site Location Map and Figure 3
Cadastral Map.
Existing on site is a two-storey detached dwelling house. Pedestrian and vehicular access is from
Lowry Street with a double garage access from the driveway. The subject site is serviced by
standard community infrastructure including electricity, bitumen roadways, reticulated water supply
and sewerage, and waste removal.
The subject land is located in close proximity to the Peregian Town Centre and thus maintains
access to a wide range of urban services.
N
Figure 1: Site Location Map
Source: NearMap
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The subject site is adjacent to the David Low Way (Figure 2) which is a busy throughfare that generates circa 15,000 vehicle movements a day, and thus the associated vehicle noise from the motorway would be far greater than any perceived noise generated by the proposed use. Figure 2: Photograph of Site – Crn of DLW and Lowry St Source: RG Strategic RG Strategic Town Planning Report – MCU Short-term Accommodation 5
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Figure 3: Cadastral Map Source: QLD Globe RG Strategic Town Planning Report – MCU Short-term Accommodation 6
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3.2 Site History No previous applications or approvals are listed on Noosa Council’s online database. 3.3 Surrounding Land Uses As illustrated in Figure 4, the surrounding area of the subject site predominately encompasses a mix of residential dwellings and unit complexes for holiday accommodation. Figure 4: Council Zone Map & Holiday Rentals Source: Noosa Plan 2020 Table 2 details the surrounding land uses immediately adjacent to the subject sites. Table 2: Surrounding Uses North Residential South Lowry Street East David Low Way West Residential RG Strategic Town Planning Report – MCU Short-term Accommodation 7
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4. Development Intent
Kathryn Payne and Simon Payne (the applicant) are seeking a Material Change of Use on the land
located at 2 Lowry Street, Peregian Beach 4573. The applicant proposed to utilise the existing two
storey detached residential dwelling for Short-term Accommodation. No changes are proposed to
the existing dwelling 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.
• Management of the property will be inline with the Noosa Council Local Laws regulations
for short term rental properties.
• They will prepare a code of conduct and management agreement for all guests utilising
the premises for short term accommodation.
• All guests agree to the rules of the property at time of booking.
• 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 (alfresco) and pool area are located at the rear of the property and
screened from view by existing landscaping and fencing.
• Holiday units known as Peregian Court Resort and Banksia Gardens are located directly
opposite and to the rear of the site.
• Four bedrooms are located on the second storey and are sufficiently setback from the
western and northern properties.
• The property is fully fenced and landscaped.
The applicant intends to utilise the subject property for their family as a holiday home. During the
periods that they are not staying in the Noosa region, the applicants wish to holiday let the property.
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5. State Planning Interests The following is an assessment of how the proposed development addresses the relevant statutory planning documents. 5.1 Planning Act The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development applications are assessed. The development application is made in accordance with s.51 of the Act. 5.2 State Planning Policy The Planning Minister is satisfied that the State Planning Policy (SPP) dated July 2017 is appropriately integrated in the Noosa Council's Noosa Plan 2020 and is therefore not required to be separately assessed as part of this application. 5.3 South East Queensland Regional Plan 2017 The South East Queensland Regional Plan 2017 (SEQRP) guides land use and development in the region. The subject land is located within the Urban Footprint of the SEQRP. As detailed within this report above, the proposed development is consistent with the urban footprint intent, regional policies and desired regional outcomes for the SEQRP. Additionally, the planning and land use outcomes contained within the Regional Plan and the State Planning Policy applying to the land are generally reflected in the Noosa Plan 2020 in accordance the Planning Act 2016. 5.4 Referral Agencies and State Development Assessment Provisions Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) Development Assessment Mapping System (DAMS) has confirmed the following Matters of State interest. Unexploded Ordnance The subject site is affected by the Areas with Substantial Potential for Unexploded Ordnance overlay as identified in DSDIP’s Development Assessment Mapping System. as identified in Figure 5 below. RG Strategic Town Planning Report – MCU Short-term Accommodation 9
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Figure 5: Unexploded Ordnance Overlay Source: DSDIP DAMS As the proposed short-term accommodation use is to be located in the existing detached dwelling, and no construction or earth works are proposed, referral to SARA is not required. Thus, the application does not trigger assessment against the Unexploded Ordnance overlay. RG Strategic Town Planning Report – MCU Short-term Accommodation 10
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6. Noosa Council Planning Scheme Considerations
The subject is located within the Medium Density Residential Zone in the Coastal Communities
locality. The proposed lot material change of use is subject to assessment under the Noosa Plan
2020. The following is a review of the proposed development under the Noosa Plan 2020.
6.1 Use Definition
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
6.2 Zoning and Locality
The subject site is located within the Medium Density Residential Zone and is located within the
Coast Communities Local Plan.
6.3 Level of Assessment
Within the Noosa Plan 2020, Table 5.5.2 Categories of Development and Assessment – Medium
Density Residential prescribes that the proposed short-term accommodation use is either Accepted
Development subject to Requirements, or subject to impact assessment.
The applicant intends to utilise the subject property for their family as a holiday home. During the
periods that they are not staying in the Noosa region, the applicants wish to holiday let the property.
As such, the proposed Short-term Accommodation use is subject to Impact Assessment.
6.4 Applicable Codes
Within the Noosa Plan 2020, Impact Assessable applications are required to be assessed against
the entire planning scheme however the most relevant Code for assessment include:
Table 5.6.1 Categories of Development and Assessment – Reconfiguring a Lot prescribes the
following codes as being applicable to the proposed reconfiguration:
• Coastal Communities Local Plan Code,
• Low Density Housing Code,
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• Medium Density Residential Zone Code,
• Visitor Accommodation Code, and
• Works Code.
Coastal Communities Local Plan Code
The proposed Short-term accommodation use has been assessed against the Coast Communities
Local Plan Code and is considered to comply with the Purpose and Overall Outcomes of the Code
which include:
(b) Development is limited to land within the urban boundary providing a defined edge
to protect and reinforce the discrete character of each community, provide efficient
provision of infrastructure and services, avoid constrained land, and retain the
integrity and health of the natural and coastal landscape.
(m) Sites identified for tourist accommodation are retained and developed for that use
to maintain a diversity and choice of visitor accommodation and affordability in the
local plan area.
(o) Development in the Medium Density Housing zones accommodates a greater
diversity in housing types including dual occupancies, multiple dwellings, retirement
facilities and residential care facilities.
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:
a) are appropriately located;
b) achieve a high level of comfort and amenity for occupants;
c) maintain amenity and privacy of neighbouring residential premises; and
d) are compatible with the character and streetscape of the local area.
The proposed use of the dwelling for short-term accommodation is considered to comply with
purpose and outcomes as:
• Located within close proximity to other Short-term Accommodation uses within Peregian
Beach;
• Is close to the recreational and visitor facilities located in the Peregian Town Centre;
• 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.
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Medium Density Residential Zone Code
The subject site is located within the Medium Density Residential Zone and therefore assessment
against the Medium Density Zone Code is required. The proposed development has been assessed
against the Purpose and Overall Outcomes, as well as the Performance Outcomes sought for the
Code. The proposed Short-term Accommodation use 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 two storey detached
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 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:
Extracts from the relevant Performance and Acceptable Outcomes from the Medium Density
Residential Zone Code have been listed below.
Table 6.3.2.3 Criteria for Assessment for Medium Density Residential Zone Code
Performance Outcomes Acceptable Outcomes Applicant’s Response
PO6 AO6.1 Not Applicable
Visitor accommodation is Home-based businesses allow The applicant will not remain
limited to formats compatible for up to four short term guests on site during the times that
with the character and use of to be accommodated within the property is let for visitor
the area so as not to cause the home of the host while the accommodation.
unreasonable loss of host remains in residence, such
residential amenity, having as traditional bed and
regard to: breakfast accommodation.
AO6.2 Not Applicable
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a) the privacy of residents Short-term accommodation The proposed is not a party
on the subject property does not: house and is to be used for
or adjoining properties; luxury holiday rental. The
a) constitute a party
property will not be used for
b) any likely increase in house;
parties.
noise to adjoining
b) create noise that would
properties;
unreasonably impact
c) the scale of the use and on the residential
its compatibility with the amenity enjoyed by the
character and uses adjoining or surrounding
within the property or properties.
surrounding area;
AO6.3
d) retention of the primary Complies
Buildings are designed and Existing outdoor living areas
residential function of an
orientated so that the majority have been designed and
area;
of outdoor living areas face oriented away from
e) the residential function away from the habitable areas adjoining properties.
and arrangement of of adjoining dwellings.
common property;
f) the impact on the safety
AO6.4 Complies
and efficiency of the
local road network; Waste storage areas are Bin area is located along the
screened and located to the boundary and is suitably
g) the impact of waste screen from the adjoining
rear or side of a building and
storage areas on the properties.
are not located along any
visual amenity of the
frontage to a public street or
area;
space.
h) the location of waste
storage areas in relation
to sensitive land uses;
and
i) any impact on shared
vehicular access or
parking.
Visitor Accommodation Code
The proposed Short-term Accommodation use has been assessed against the Visitor
Accommodation Code and is considered to comply with the intent of the Code’s Purpose and
Overall Outcomes. 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 as follows:
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Table 9.3.5.3 Criteria for Assessment – Short-term Accommodation
Performance Outcomes Acceptable Outcomes Applicant’s Response
PO22 No acceptable outcome Complies
provided.
Except where in the form of a The existing two storey detached
serviced apartment or hotel dwelling is self-contained.
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 Complies
provided.
Short term accommodation in The Short-term Accommodation
a single dwelling is limited to will be located in an existing two
storey detached residential
formats compatible with the
dwelling. No alterations to the
character and use of the area external built form are proposed,
so as not to cause nor required by the use.
unreasonable loss of
The existing house is of a
residential amenity, having compatible character to the
regard to: surrounding development. The
design of the dwelling has been
a) the privacy of residents on designed to orient away from
the subject property or surrounding properties. The
adjoining properties; existing fencing maintain the
b) any likely increase in noise privacy of the visitors and
to adjoining properties; residents, as well as the adjoining
properties.
c) the scale of the use and its
compatibility with the The site is located in the Peregian
character and uses within Beach local area which contain a
the property or surrounding mix of permanent and visitor
area; accommodation. The site is in
d) retention of the primary close proximity to the Town Centre
residential function of an and is in close proximity to similar
area; visitor accommodation uses in self
contained units. The use of the
e) the impact on the safety dwelling for visitor
and efficiency of the local accommodation is compatible
road network; with the surrounding area.
f) the impact of waste The use of the site for visitor
storage areas on the visual accommodation will not impact on
amenity of the area or the road network.
sensitive land uses; and
Waste storage areas are located
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g) any impact on shared on site and are suitably screened.
vehicular access or parking.
Carparking for 2 vehicles is
available on site in the garage
with the driveway suited to
tandem carparking.
6.5 Applicable Overlay Codes
The subject land is mapped as being affected by the following Planning Scheme overlays:
• Land Subject to Acid Sulfate Soil, and
• Bushfire Potential Impact Buffer.
As the proposed Short-term Accommodation use is to be located within an existing two storey
detached dwelling and no further changes to the build form are proposed, the above overlays do
not impact the proposed development.
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7. Conclusions
The proposed Development Permit for a Material Change of Use on land at 2 Lowry Street, Peregian
Beach 4573 QLD has been assessed against the requirements of the Local and State Statutory
Planning Requirements.
This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020, and the proposed development can be supported
on a number of grounds, including:
• The development application has been made in accordance with the requirements of both
the Planning Act 2016 and the Development Assessment Rules 2017;
• The proposal is consistent with the Strategic Intent of the Noosa Plan 2020 and does not
compromise any higher order strategic planning for the area;
• The proposal is consistent with the intent of the Coastal Communities Locality with
Peregian Beach detailed as a focus area for visitor accommodation;
• The design of the existing dwelling minimises potential perceived impacts on the adjoining
properties;
• Sufficient carparking is available on site and supports the proposed use;
• The surrounding land uses, roadways to the site and the characteristics of the locality
support the use of the site for Short-term accommodation.
On the basis of the above assessment, it is recommended that Noosa Council favourably consider
the proposed Material Change of Use, subject to reasonable and relevant conditions. We look
forward to Council processing the application at its earliest convenience.
Should you require any additional information or have any queries please to not hesitate to contact
us.
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