Council Report MCU20 0155

MCU20/0155 - application for MATERIAL CHANGE OF USE for short term accommodation at 75 WILLIAMS ROAD, KIN KIN

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU20/0155

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Suzanne Joy Ritchie
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	10 December 2020
Information Request Date	15 January 2021
Information Response Date	24 February 2021
Decision Due Date	18 May 2021
Number of Submissions	1
PROPERTY DETAILS
Property Address	75 Williams Rd Kin Kin Qld 4571
RP Description	Lot 2 RP 811901
Land Area	39,870m²
Existing Use of Land	Dwelling House
STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not applicable
Local Plan Area	Kin Kin
Overlays	Biodiversity Overlay  - Area of Biodiversity Significance and Waterway Bushfire Hazard Overlay – Medium Potential Impact Buffer and Potential Impact Buffer Landslide Hazard Overlay  - High Hazard Area and Moderate Hazard Area
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Application No. MCU20/0155  for a Development Permit for  Material Change of Use - Short-term accommodation situated at 75 Williams Rd, Kin Kin and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
The approved use must not commence until a building approval has been obtained for all works carried out to the dwelling and for any additional outbuildings.
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
-	-	75 Willams Road Kin Kin	Submitted to Council 15.12.2020
Currency
This development approval lapses if the use has not happened by 17 June 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The total number of bedrooms on the site must not exceed 4.
No more than 8 guests may occupy the premises at any time.
All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm each night.
The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
Amenity
9.	The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
10.	Existing car parking on site, must be maintained and kept available for users of the short term accommodation.
11.	All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
12.	Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
13.	Waste containers must:
a.		At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
b.	Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
c.	Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container.
Contact Person
14.	Prior to the commencement of the use written confirmation must be provided to Council confirming:
a.	the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
b.	that the contact person is available 24 hours a day, 7 days a week; and
c.	that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and
d.	that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries.
15.	A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
16.	A code of conduct must be developed and provided to all users and occupants of the short term accommodation, including any website or social media used to promote the use of the premises for short term accommodation.
17.	The code of conduct must advise all users of the premises:
a.	That the use of the premises must not:
i.	detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or
ii.	cause a nuisance (including a noise nuisance);
iii.	display unacceptable behavior including:
a.	loud aggressive behaviour;
b.	yelling, screaming, arguing; or
c.	excessively loud cheering, clapping and singing.
iv.	create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise).
b.	That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility.
c.	That each vehicle used by a user of the premises must:
i.	be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
ii.	be parked within the parking facilities at the premises where provided.
d.	That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container.
e.	That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
f.	That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
g.	The nature and extent of the approved use as detailed in conditions numbers 5 to 8 of this development approval.
18.	The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
19.	The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
20.	The contact person must respond to all complaints within 30 minutes of notification of a complaint.
21.	The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following:
a.	on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis:
i.	the number of adults who are users of the premises; and
ii.	the number of minors, an individual who is under 18, who are users of the premises.
b.	the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended.
22.	The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
i.	the written record of complaints referred to in condition 18; and
ii.	the register referred to in condition 20
B.	Advise the applicant that an application for building works for the unapproved building works to the dwelling must be lodged within 60 days of the date of this approval.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant proposes to utilise the existing 4 bedroom, single storey 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. A carport for 2 vehicles is located to the front of the dwelling whilst there are areas around the dwelling available to park additional vehicles.
The applicant has provided a code of conduct which includes:
The maximum number of occupants on-site is not more than 8 persons at any one time (an occupant includes visitors to the premises).
Guests do not detrimentally affect the residential amenity or cause a nuisance to the surrounding area.
The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
No tent, caravan, camper-van or the like is used.
Guests will be encouraged to take conversation inside after 10pm.
Individual general waste and recyclable waste containers will be provided. Waste containers will be transported to the roadside on waste collection day by the Operator and will be removed from the roadside within 24 hours of collection.
Premises is to be kept in a tidy condition.
Guests are to park within the allocated on-site parking areas only to not cause nuisance to adjoining properties.
Any pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
With regards to complaints management it is proposed:
Where a breach of the Code of Conduct above is perceived, any complaints will be managed as follows:
The complainant must contact the responsible contact person (see below) managing the property to confirm a breach of the code of conduct may have been committed.
The responsible contact person must investigate and respond to the complaint within 30 minutes of notification of complaint.
The responsible contact person is to keep record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
If complaints for breaches of the code of conduct continue, Council will be notified by the complainant.
Action will be taken by Council in accordance with Local law No.1 to investigate and take action as to whether the approval should be amended, suspended or cancelled.
In this instance the property owner has identified themselves as being the ‘responsible contact person’. The property owner is also the owner of the adjoining property to the east.
The material in support of the proposal includes the following responsibilities of the operator:
The responsible contact person, must keep and maintain a register of the use of the premises for short stay letting and record in the register, each of the following:
on each occasion on which the premises are used, or occupied, for short stay letting basis:
the number of adults who are users of the premises;
the dates when each person’s use, or occupation, of the premises for short stay letting began and ended.
The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
the written record of complaints; and
the register of occupants.
A copy of the proposal plans are included as Attachment 1.
The subject site and surrounding locality are detailed in the following aerial photographs:

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan
site details
Background
Council records demonstrate that no recent development applications have been made for the subject site.
It is noted that the application seeks approval to use the existing house on the site for short term accommodation. Review of aerial photography and a subsequent site inspection have identified that works have occurred to the dwelling in recent times. It appears that the works occurred between 2011 and 2013 however Council does not have a record of any building approval. At the site inspection it was identified that works have also occurred in the subfloor area.
The following images identify the area where the additions have occurred:

Figure 4: 2011 aerial photograph (GIS)

Figure 5: 2013 aerial photograph (GIS)

Figure 6: 2016 aerial photograph (GIS)
Site Description
The subject site is an irregular shaped lot of approximately 39.8 hectares in area. The site is characterised by a gully which dissects the centre of the property in which a waterway is located. Knolls situated at the front of the site are located either side of the gully. The existing dwelling and associated outbuildings are located in the south eastern corner of the site. Vegetation is generally located to the front and rear of the site.
An access easement has been created which provides access from the front boundary to the adjoining property to the east of the subject site. The adjoining property to the east is currently under the same ownership as the subject site.
Surrounding Land Uses
The surrounding area is characterised by rural lots, each generally containing a dwelling, which contain dense vegetation with limited agricultural activity occurring within proximity of the site.
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
The Noosa Plan 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 Regional Landscape and Rural Production area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan as it maintains the natural assets and regional landscape of the site whilst providing the opportunity for tourists to contribute to the hinterland economy.
Planning Regulation 2017
The proposed accommodation activity within the Regional Landscape and Rural Production area does not exceed 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 the Noosa Plan to the extent the provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 acknowledges that tourism is a key sector of the Noosa economy and will continue to be so in the future.  Within the hinterland, the tourism focus is directed towards high quality nature-based and rural tourism experiences and events to diversify and balance the visitor experience across Noosa Shire. The proposal is consistent with this strategic intent as the proposed short term accommodation supports Noosa’s tourism industry and provides visitor accommodation in the hinterland area in a scenic location and in proximity to the Noosa Trail and the Kin Kin township.
Locality Provisions
The subject site is located in the Hinterland Villages Local Plan Area and is zoned Rural. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
The Rural Zone Code, the Hinterland Villages Local Plan Code and Low Density Housing Code all include provisions which address the potential impacts of short term accommodation. The relevant provisions are:
Rural Zone Code
6.8.3.2	Purpose and Overall Outcomes
(2)(b)		The viability of existing and future rural activities is protected from the intrusion of incompatible uses.
(j)		Houses or outbuildings may be available for short term guests where there is no resultant changes to the rural amenity or rural production of the area.
6.8.3.3	Assessment Criteria
PO4 Visitor accommodation:
is at a small scale and low density that protects the environmental and rural values of the land;
is compatible with rural activities and nature conservation; and
does not detract from the rural amenity of adjoining properties.
Hinterland Local Plan Code
7.2.1.2		Purpose and Overall Outcomes
2(o)		For development in Kin Kin
(vi)		Development for visitor accommodation or hospitality uses respect the heritage, natural and core values of the community including Kin Kin’s remoteness and strong connection to the environment and farming.
Low Density Housing Code
9.3.1.1	Purpose and Overall Outcomes
(1)	The purpose of the Low density housing code is to ensure dwelling houses, community residences, rooming accommodation and short term accommodation (where no more than one detached dwelling on the site):
are appropriately located;
achieve a high level of comfort and amenity for occupants;
maintain amenity and privacy of neighbouring residential premises; and
are compatible with the character and streetscape of the local area.
In this instance there is one other short term accommodation offering within proximity of the subject site. This is a farm stay situated on Moffat Road approximately 600 metres from the subject site. Due to the topography and extensive vegetation coverage within the surrounding area the primary use of properties within proximity of the subject site is rural lifestyle properties.
The planning scheme seeks to protect the amenity of surrounding areas from the impacts of short term accommodation. It is acknowledged that the use of premises for short term accommodation has the potential to have a significant impact on the amenity of the surrounding area. These impacts are often attributed to noise, vehicle movements and waste disposal. The requirement for a development application for short term accommodation provides the opportunity to regulate the use of the site so as to mitigate these potential impacts.
The following is noted in this respect:
One dwelling, in the same ownership as the subject site, is located approximately 50 metres from the dwelling proposed to be used for short term accommodation with other dwellings located in excess of 150 metres away;
The subject site does not include an outdoor pool whilst outdoor areas are well separated from surrounding properties. Despite the separation from surrounding properties it is noted that noise from outdoor areas can travel a significant distance in a rural area. It is important that the use of outdoor areas is managed to mitigate amenity issues.  Accordingly conditions are recommended to address the use of outdoor areas;
The internal areas adjacent to the side and rear boundary are generally limited to bedrooms and bathrooms which will generate limited noise;
Sufficient area is available on site to accommodate car parking and a dedicated waste storage area;
The applicant’s proposed use of outdoor areas until 10pm is supported. Whilst a 9pm limit has been placed on properties within residential zoned land the later timeframe is reflective of the significant separation of the subject site from surrounding premises.
Accordingly conditions are recommended to address potential amenity impacts. These generally align with the measures proposed by the applicant including limiting the number of guests to 8 persons, prohibiting the use of outdoor areas after 10pm and requiring a register of complaints to be maintained.
The proposed use aligns with the intent of the Noosa Plan to facilitate short term accommodation within the rural area whilst maintaining the viability of rural activities on the site or the surrounding area. As noted earlier in this report the extent of rural activities within proximity of the site is limited due to existing vegetation and the steep topography of the area.
Part of the site is subject to the Biodiversity, Waterways and Wetlands Overlay which includes a mapped waterways and a riparian buffer area. Noting the distance of the dwelling from the riparian buffer and the steep topography of the site the proposed use of the existing dwelling for the purpose of short term accommodation is unlikely to create additional pressures on the site’s environmental values. It is anticipated that visitors to the property would generally confine their activities to the dwelling and the immediate surrounding area. Accordingly it is not reasonable to require the applicant to rehabilitate the riparian buffer or the area adjacent to the waterway.
Acceptable Outcome AO11.1 of the Visitor Accommodation Code seeks that visitor accommodation is directly accessible from a sealed road or good standard gravel road. Whilst Williams Road is a narrow unsealed road it is considered a suitable access to the proposed use on the basis that part of the road is sealed and the remaining unsealed section is of suitable condition to accommodate the expected traffic arising from the use. Furthermore, the amount of traffic associated with the proposed use will be generally consistent with the existing amount of traffic associated with the proposed use of the subject site and surrounding properties.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. 1 properly made submission was received. The following table provides a summary and assessment of the issues raised by the submitter.
Matters Raised	Comments
Support for the proposed use. There may be a small encroachment onto our property of the carport associated with the short term accommodation building. Williams Road is a very narrow, steep road and care and awareness of the possibility of meeting oncoming vehicles is needed in driving on it especially near the narrow bridge over the creek or when the surface is wet. Additional maintenance by Council may be required on Williams Road as a result of the increased traffic.	It is noted that works have occurred which require building approval. Any encroachment is a civil matter between the parties which would need to be resolved prior to the issue of a building approval. It is acknowledged that state of Williams Road requires driver care for safe navigation however the use of the road does not increase the risk generally associated with the existing use of the site or surrounding premises. Furthermore, the extent of traffic increase does not warrant additional maintenance by Council.
conclusion & REASONS FOR DECISION
The application seeks to use a dwelling house, situated within the Rural Zone, for the purpose of short term accommodation. The key issues associated with the assessment of the application are the potential for detrimental impacts on the amenity of the surrounding properties and the compatibility with surrounding rural uses. Whilst acknowledging that short term accommodation has the potential to impact on the amenity of the area the proposed use has been identified as a consistent use within the applicable zone and an extensive suite of conditions are recommended to address the operation of the use to preserve the amenity of the area. Furthermore the proposed use is unlikely to detrimentally effect the operation of any surrounding rural activities noting that there are limited rural activities occurring within proximity of the site due to the topography of the site and the extent of vegetation coverage.

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Support		Director		Director
			Community Development		Financial Services
			Community Facilities		Fleet
			Libraries & Galleries		ICT
			Local Laws		Procurement
			Waste & Environmental Health		Property
					Revenue Services
					
	Executive Services	X	Environment & Sustainable Development	X	Infrastructure Services
	Director	X	Director		Director
	Community Engagement		Building & Plumbing Services	X	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	8 JUNE 2021

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