Council Report MCU17 0046.03

MCU17/0046.03 – Application for an other change to a development approval for multiple Housing Type 2 Duplex to include short term accommodation & Operational works at 2/38 Park cres, sunshine beach

Document information

Author	Coordinator Planning, Patrick Murphy
(drafted by consultant)
Environment and Sustainable Development

Index	ECM/ Application/ MCU17/0046.03

Attachments	Nil

APPLICATION DETAILS
Applicant	Lyndon Bradney Simmons TGV Pty Ltd TTE
Proposal	Other Change –Short Term Accommodation
Properly Made Date	7 June 2021
Information Request Date	5 July 2021
Information Response Date	15 July 2021
Decision Due Date	21 October 2020
Number of Submissions	2

PROPERTY DETAILS
Property Address	2/38 Park Cres Sunshine Beach Qld 4567
RP Description	Lot 2 SP 297608
Land Area	532m2
Existing Use of Land	Duplex

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Plan Area	Coastal Communities
Overlays	Land subject to Acid Sulfate Soils – Above 5m AHD Coastal Protection Overlay – Coastal Protection and Scenic Amenity Landslide Hazard Overlay – High Hazard Area
Assessment Type	Other Change to Approval Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 October 2021 regarding Application No. MCU17/0046.03 for an Other Change to a Development Approval for Multiple Housing Type 2 – Duplex & Operational Works to include Short-term accommodation, situated at 2/38 Park Cres Sunshine Beach and:
A.	Refuse the application for the following reasons:
The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further erode the dwelling units available for permanent housing in the area, impacting permanent resident amenity.
The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(o) and Performance Outcomes PO1, PO2 and PO15 of the Coastal Communities Local Plan Code as:
The extent of visitor accommodation has eroded the available supply of permanent housing in the local plan area; and
Additional visitor accommodation in the area is likely to result in detrimental impacts on the residential neighbourhood and amenity of permanent residents.
The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further erode the dwelling units available for permanent housing in the area, impacting permanent resident amenity.
The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and (h) of the Medium Density Residential Zone Code as:
The proposal is located in medium density residential neighbourhood that is predominately used for short term accommodation uses. The introduction of additional short term accommodation within a duplex unit is not consistent with the purpose of the zone.
The proposal seeks to establish a new short-term visitor accommodation facility within a recently approved dual occupancy and is not located within a well-established resort or holiday units.
There is no need for additional short term accommodation in the area.
The proposal does not comply with Performance Outcome PO12 of the Visitor Accommodation Code and Performance Outcome PO6 of the Driveway and Parking Code as insufficient car parking is proposed on site to address the likely parking demands on site.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant proposes an Other Change to the existing approval to utilise unit 2 of the approved dual occupancy for both permanent and/or short-term accommodation. No changes are proposed to the built form of the building, with all parts of unit to be available for the proposed use. Unit two is a two bedroom dwelling with kitchen, dining and living rooms, along with a rumpus room capable of being used as a bedroom. The applicant proposes that up to 6 people will be accommodated within the unit.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
A Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 – Duplex and Development Permit for Operational Work - Stormwater, Drainage Works, Earthworks, Carparking, Access and Landscaping was issued on 29 August 2017.
A negotiated decision was issued 8 November 2017, amending Condition 2.
In June 2018 an application was lodged seeking to change the development approval to allow an additional open visitor car space on site and so provide a total of 4 car parking spaces on site.
This application was refused by Council on 25 June 2018.
Subsequently, on 6 August 2018, the applicant lodged an appeal to the Planning & Environment Court. The appeal sought that the Court approve the application for a minor change to allow an additional open visitor car space for the duplex dwelling currently under construction at 38 Park Crescent, Sunshine Beach. During the course of the appeal the applicant amended their plans changing the proposed car space to space for a motorbike/bicycle and addressing the streetscape concerns raised by Council.
At its Ordinary Meeting held on 20 December 2018, Council resolved to settle the appeal and on 22 February 2019 a Court Order was issued to allow the approval to be changed to reflect the amended plans provided.
Site Description
The subject site is currently occupied by a duplex and has a very steep slope from the west to east.
Surrounding Land Uses
Dwelling houses, duplexes and units are all located within the vicinity of the site.  Some are currently used for short term accommodation.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek to protect neighbourhoods of permanent housing from short-term visitor accommodation that would impact on the amenity enjoyed by residents. The planning scheme also seeks to protect areas for visitor accommodation with a range of accommodation styles envisaged to support the local tourism industry.
The subject site is not located in a designated visitor accommodation area being zoned Medium Density Residential. However, the area has a significant amount of visitor accommodation that is adversely impacting on resident’s residential amenity.
Locality Provisions
The subject site is located in the Coastal Communities Local Plan Area and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow an impact assessable application process.
Notably Part 1, section 1.5 of the Noosa Plan 2020 states local plan codes (i.e. Coastal Communities Local Plan Code) prevails over zone codes (i.e. High Density Residential Zone Code), use codes and other development codes to the extent of any inconsistency. This provides for different requirements to be established for different areas of the Shire but which may be zoned the same.
The Coastal Communities Local Plan Code, the Medium Residential Zone Code and Visitor Accommodation Code all contain requirements for short term accommodation. The relevant provisions are:
Coastal Communities Local Plan Code
7.2.6.2	Purpose and Overall Outcomes
(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.
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
Medium Density Residential Zone Code
Purpose and Overall Outcomes
(a)	Medium density residential neighbourhoods are predominantly home to permanent residents.
(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
(h)	Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
6.3.2.3	Assessment Criteria
Role and function
PO6 Visitor accommodation is limited to formats compatible with the character and use of the area so as not to cause unreasonable loss of residential amenity, having regard to: the privacy of residents on the subject property or adjoining properties; any likely increase in noise to adjoining properties; the scale of the use and its compatibility with the character and uses within the property or surrounding area; retention of the primary residential function of an area; the residential function and arrangement of common property; the impact on the safety and efficiency of the local road network; the impact of waste storage areas on the visual amenity of the area; the location of waste storage areas in relation to sensitive land uses; and any impact on shared vehicular access or parking.	AO6.2 Short-term accommodation does not: constitute a party house; create noise that would unreasonably impact on the residential amenity enjoyed by the adjoining or surrounding properties.
Visitor Accommodation Code
9.3.5.2	Purpose and Overall Outcomes
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.
The overall outcomes sought for the Visitor Accommodation Code are:
Visitor accommodation is compatible with and benefits from Noosa Shire’s natural environmental values.
Visitor accommodation offers a wide range of experiences for guests both in coastal areas and in the hinterland.
Visitor accommodation is located and designed in a manner which sensitively responds to site characteristics.
Visitor accommodation does not detrimentally impact upon the biodiversity and natural landscape values of its setting.
The density and design of visitor accommodation integrates with the urban or landscape fabric of its particular locality.
Visitor accommodation located near permanent residents does not detract from the amenity enjoyed by residents.
Visitor accommodation does not impact on the ability of rural land owners to carry out agricultural pursuits.
Visitor accommodation provides high quality amenities and facilities commensurate with its setting, the types of accommodation supplied and the length of stay accommodated.
Visitor accommodation forms a key element of the local tourism industry.
Visitor accommodation provides for a wide range of visitors.
9.3.5.3	Criteria for assessment
Safety and Amenity
PO12
Sufficient on site car-parking is provided to accommodate the number and type of vehicles likely to be generated by the visitor accommodation having regard to the number of guests, staff or visitors.
The planning scheme prioritises the preservation of medium-density residential neighbourhoods for predominantly permanent residential dwelling units and seeks to protect the amenity of surrounding residential areas from the impacts of short term accommodation.
The Medium Density Residential neighbourhood relevant to the subject site is defined within figure 5 below. All of these areas are considered to form part of the same neighbourhood, as residents in these areas would generally have a sense of association/community across these areas.

Figure 5 – Medium Density Zone Residential Neighbourhood.

The following image details those properties within the Sunshine Beach Neighbourhood being utilised for short term accommodation

Figure 6 – All Short-term accommodation properties within Sunshine Beach neighbourhood

The following image details those properties within the Medium Density Residential neighbourhood which are being used for short-term accommodation.

Figure 7- Medium Density properties (depicted with Aerial photo) used for short term accommodation
south of Ferguson Street.

Figure 8- Medium Density properties (depicted with Aerial photo) used for short term accommodation
North of Ferguson Street.
Historically the Coastal Communities area, has contained a significant number of holiday houses and holiday units. However, over time properties used for short term accommodation has continued to increase and this has eroded the supply of dwellings available for permanent residents. More recently the ease and popularity of on-line booking platforms has further incentivised property owners to make properties available for short term accommodation which has further disrupted the supply of dwellings for permanent accommodation.
Whilst the proposal is in part consistent with the Coastal Communities Local Plan in that it contributes to the provision of tourist accommodation the code does not seek to increase visitor accommodation in the Medium Density Residential area and seeks to provide multi-unit accommodation for both permanents and visitors. As demonstrated by the above figures 6 & 7 the medium density residential neighbourhood is currently predominantly being used for short-term accommodation or includes properties which have a development approval which provides for the dwelling to be used interchangeably for permanent or short term accommodation.
The proposal for an additional short-term accommodation within the Medium Density Neighbourhood that is already predominantly characterised by short term accommodation does not comply with the Purpose and Overall Outcome (a) of the Medium Density Residential Zone Code. In addition, as the proposal is for the use to establish within new dwellings, it does not comply with the Purpose and Overall Outcome (h) of the Medium Density Residential Zone Code, which seeks to ensure Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
The proposal is also not consistent with the Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code and is likely to detract from the amenity enjoyed by residents given resident’s reasonable expectations for the area. Increasing visitor accommodation in this area is likely to further impact on the amenity of remaining permanent residents and impact on the availability of dwelling units for permanent residents.
Furthermore, there is no need for additional visitor accommodation in the area. It is noted that approximately 23% of dwellings within the coastal area (Tewantin to Peregian) are being used for the purpose of short-term accommodation (source DMATT supporting data) with additional properties approved for use under the superseded planning scheme requests.
Lastly, the proposal for a 2-bedroom unit (plus a rumpus room capable of being used as a bedroom) to be utilised for short term accommodation requires a minimum of two car parking spaces to be provided onsite for the exclusive use of guests (as per the minimum car parking requirements with the planning scheme). The existing duplex unit includes 1 space and space for a motorcycle/bicycle parking adjacent and is not sufficient car parking to meet Driveways and Parking Code or likely parking demand for the proposal. It is noted that street parking in the vicinity of the site is very limited, and it is therefore considered necessary to ensure there is sufficient on site car parking for guests.
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. Two properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
The proposed inclusion of short term visitor accommodation would result in amenity impacts to the area particularly in relation to additional noise and traffic.	The noise could be regulated with the code of conduct and property management conditions. Outdoor entertainment areas could be restricted to minimise noise at night. The vehicle movements associated with the proposed use are not considered to have any detrimental impact on amenity or the existing road network, though it is acknowledged on street car parking is quite limited in this area.
The proposal would result in loss of permanent accommodation for the community which is inconsistent with the purpose and overall outcomes of the Medium Density Residential zone code	Agreed – as discussed within this report.
The immediate area is characterised by single houses, where short term accommodation is an inconsistent use and the proposal will erode the high quality, quiet character of this area.	The planning scheme prioritises the preservation of medium density residential neighbourhoods for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation.  This concern was addressed in the report above.
The application has failed to demonstrate a need for additional short term accommodation.	Agreed – the locality contains an extensive number of properties that are being used for the purpose of short term accommodation
There is an extreme shortage of long term residential accommodation in the area	Agreed – The neighbourhood is predominantly used for short term accommodation despite the planning scheme prioritising the preservation of medium density residential neighbourhoods for predominantly permanent residential dwellings.  It is agreed there is a current housing crisis in Noosa.
conclusion & REASONS FOR DECISION
The proposal is contrary to the planning scheme which seeks to prioritise the preservation of medium density residential neighbourhoods for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation.
Whilst acknowledging that short-term accommodation has been identified as a consistent use within the applicable zone, the subject site is located within the Coastal Communities area, the proposal contributes to the proliferation of short term accommodation in the area and is contrary to the scheme’s requirements to maintain the medium density residential zone for predominantly permanents. Further, there is insufficient car parking proposed on site to meet the likely parking demands of the use. As such, the proposal does not comply with a number of provisions of the Noosa Plan 2020.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 OCTOBER 2021

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APPROVED PLANS

MCU17/0046 & OPW17/0160
NOOSA COUNCIL

8 NOVEMBER 2017


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APPROVED PLANS

>U17/0046 & OPW17/0160
NOOSA COUNCIL

8 NOVEMBER 2017