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Town Planning Assessment Report
Mur
Town Planning
Assessment Report
30-32 The Cockleshell, Noosaville
Change to the Approval (other than a minor change) to MCU17/0563.01
to include Short-term Accommodation.
April 2021
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Table of Contents
1. SITE AND APPLICATION SUMMARY ................................................................................................. 3
2. PROPOSAL....................................................................................................................................................... 4
3. SITE DETAILS ................................................................................................................................................. 5
3.1. SITE DESCRIPTION ............................................................................................................................ 5
3.2. SURROUNDING LOCALITY ............................................................................................................ 6
4. LEGISLATIVE REQUIREMENTS ........................................................................................................... 7
4.1. STATE PLANNING POLICY ............................................................................................................ 7
4.2. STATE PLANNING REGULATORY PROVISIONS ............................................................... 7
4.3. REFERRAL AGENCIES ..................................................................................................................... 7
5. THE NOOSA PLAN ....................................................................................................................................... 7
5.1. LEVEL OF ASSESSMENT ............................................................................................................... 7
5.2. ASSESSMENT BENCHMARKS .................................................................................................... 8
6. CONCLUSION ............................................................................................................................................... 10
Appendices
Appendix A Proposal Plans
Appendix B Site Photographs
Appendix C Code Assessment
Appendix D Owner’s Consent
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1. Site and Application Summary
Applicant
Applicant: Mohammed Jamal Hussain, Lucy Helen Randall,
Suzanne Maree Johnson Cole, Adam Raymond
Johnson Cole and David Johnson
C/- Noosa Town Planning
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Mohammed Jamal Hussain, Lucy Helen Randall,
Suzanne Maree Johnson Cole, Adam Raymond
Johnson Cole and David Johnson
Application
Development Application: Change to the Approval (other than a minor change) to
MCU17/0563.01 to include Short-term Accommodation
Level of Assessment: Impact Assessable
Referral Agencies: Nil
SEQRP: Urban Footprint
Subject Site
Address: 30 - 32 The Cockleshell, Noosaville
Lot Description: Lot 11 on RP138550 and 0, 1 & 2 on BUP 6971
Area: 1203 m2
Easement(s): Currently Nil. Future easement for drainage purposes is
to be established.
Locality: Noosaville Locality Plan
Zone: Medium Density Residential
Overlays: + Acid Sulfate Soils
+ Flood Hazard
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2. Proposal
The applicant seeks to make a change to the approval (other than a minor change) to
MCU17/0563.01 in accordance with Section 78 of the Planning Act 2016 . to include Short-term
Accommodation.
Specifically, the applicant seeks the ability to be able to flexibly use the units within each dual
occupancy as either a Dual Occupancy (permanent accommodation) or for Short-term
Accommodation. No changes are proposed to the existing building or landscaped areas and the
entire property will be available to either use.
The two dual occupancies at the premises are currently under construction and each consist of 2
x 3 bedroom units that have maximum height of 2 storeys and 8m. The two dual occupancies
share a common driveway and crossover that extends through the middle of the site. A double
garage is provided for each unit centrally within the site. Each unit contains a plunge pool and
private open space areas. The site will be well landscaped on completion, consistent with the
character and amenity of the area.
The following details are also provided in support of the inclusion of the proposed Short-term
accommodation use:
+ the units that face The Cockleshell will have an outdoor area and pool that orientate towards
the street and will not directly impact any neighbouring private open space.
+ The private open space associated with the rear units adjoin a carparking area associated
with a commercial property at 31 Thomas Street and communal open space associated
with a multiple dwelling at 33 Thomas Street. Consequently, the use of the pool and outdoor
space will not cause unreasonable impacts to the habitable living areas or private open
space of any adjoining units;
+ both double garages belonging to each unit will be made available to guests which will
ensure that sufficient parking is provided onsite to meet the needs of the use;
+ the property will be fully fenced and landscaped which will enhance the privacy and amenity
of the adjoining properties to the north and south;
+ the uses that adjoin the eastern boundary include commercial building and multiple dwelling
and are located within the District Centre Zone in the Mary Street Health and Wellbeing
Precinct;
+ low-set multiple dwellings are located on the adjoining properties to the north and south and
include communal areas adjoining the common boundary with the site; and
+ the Cockleshell predominantly consists of multi-unit residential buildings which are being
used for both short and long-term accommodation purposes and proposed use is
consistent with the character and amenity of the streetscape.
The applicant and owner has also advised that they will undertake the following procedures to
ensure that the use will not cause unreasonable impacts to the surrounding area:
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+ they will utilise a local property manager to oversee letting, management and maintenance
of the premises to ensure that it is operated in an appropriate manner that will meet the
needs of guests while protecting the amenity of surrounding premises;
+ they will prepare a code of conduct and management agreement that all guests utilising the
premises for short-term accommodation purposes must sign;
+ all garage and driveway areas within the site will be made available for use by guests; and
+ no events, weddings, parties or the like will be permitted to occur at the premises.
3. Site Details
3.1. Site Description
The subject site is situated at 30-32 The Cockleshell, Noosaville described as Lot 11 on RP138550
and 0, 1 & 2 on BUP 6971.
The site has a total area of 1203m2 and comprises 2 x 3 bedroom dual occupancies which are
currently under construction.
Pedestrian and vehicular access is provided from The Cockleshell with a double garage for each
accessed from a common driveway. The subject site is serviced by standard urban infrastructure
services including reticulated water and sewerage supply, underground telecommunications and
overhead electricity supply, bitumen roadways and kerb and channel.
Please refer to Figure 1 below for an aerial photograph of the subject site, noting that the dual
occupancy remains under construction.
Figure 1 – Aerial Photograph (2019)
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3.2. Surrounding Locality
The site is located in a residential area which predominantly consists of multi-unit residential
buildings and includes short term accommodation uses scattered among these. The properties
that adjoin to the north and west are zoned Medium Density Residential. The properties that adjoin
the eastern boundary are zoned District Centre and are located within the Mary Street Health and
Wellbeing Precinct. The Noosa Village Shopping Centre is located 100m to the east of the site and
the Noosa River is located 200m to the north.
Figure 2 below details the site in relation to the surrounding locality.
Figure 2 – Locality map
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4. Legislative Requirements
4.1. State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests
relating to development assessment are set out in Part E of the document and are under five broad
themes. Section 2.1 of the Noosa Plan 2020 confirms that the provisions of the State Planning
Policy are integrated into the Planning Scheme. Therefore, no further assessment is required
against the SPP.
4.2. State Planning Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is compliant with the relevant
State Regulatory Planning Provisions. The proposal will not incur infrastructure charges as it is
located within an existing dual occupancy.
4.3. Referral Agencies
The proposal does not trigger referral to any external agency.
5. The Noosa Plan
5.1. Level of Assessment
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
The site is located within the Noosaville Local Plan and the Medium Density Residential zone under
the Noosa Plan 2020. In accordance with Table 5.5.2 of the planning scheme, Short-term
Accommodation is identified to be a consistent use in the zone and required to follow an impact
assessable application process.
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5.2. Assessment Benchmarks
Impact assessable applications require a ‘whole of scheme’ assessment, however, the most
relevant codes for assessment include:
+ Noosaville Local Plan Code
+ Medium Density Residential Zone Code
+ Visitor Accommodation Code
+ Works Code
An assessment against the abovementioned codes has revealed that the development is compliant
with or can be conditioned to comply with each. The pertinent issues arising out of an assessment
against each of the codes are discussed below.
Noosaville Local Plan Code
The proposal has been assessed against the Noosaville Local Plan Code and is considered to
comply with the Purpose and Overall Outcomes of the Code which includes that:
(f) The Noosaville local plan area maintains its roles for both the provision of much
of the commercial, retail, administrative, industrial and social needs of the
coastal urban portion of Noosa Shire and as a major focus area for visitor
accommodation and services.
The use of the existing dual occupancy for short-term accommodation purposes will assist the local
area in maintaining its role as a major focus area for visitor accommodation and services.
Medium Density Residential Zone Code
The proposed short term accommodation use is considered to achieve or maintain the purpose and
overall outcomes of the code which include that:
(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.
(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.
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(h) .Short-term visitor accommodation is predominately provided through well-
established resorts and holiday units.
(j) Development maintains a high level of residential amenity having regard to traffic,
noise, dust, odour, lighting and other locally specific impacts.
The proposed short-term accommodation use will be operated in a well-established existing dual
occupancy that offers a built form and landscaped setting that contributes positively to the
streetscape and surrounding area.
The short-term accommodation use would achieve a high level of amenity for its occupants being
within a well-designed modern building that offers large kitchen, living, dining and laundry facilities
as well as a pool and private open space areas for guests. The site is also well positioned for visitor
accommodation purposes, adjoining District Centre zoned land to the rear and being within 200m
walking distance of the Noosa River to the north.
The inclusion of the short-term accommodation use will be compatible with the nature and
character of the streetscape and surrounding area, which supports a mix of permanent and short-
term accommodation uses. The surrounding residential neighbourhood will also remain
predominantly home to permanent residents and the proposal will not undermine the function of
the medium density residential zone. Further, the proposed change would allow for the flexible use
of the units for either permanent or short-term purposes.
Please refer to Appendix C – Code Assessment for a detailed review against the most relevant
performance and acceptable outcomes contained within the Medium Density Residential Zone
Code.
Visitor Accommodation Code
The proposal meets the purpose of the visitor accommodation code as it will provide for visitor
accommodation that is appropriately located, designed and operated in a manner that meets visitor
needs, will protect the amenity of surrounding premises, and avoid conflicts with surrounding uses.
Please refer to Appendix C – Code Assessment for a detailed review against the most relevant
performance and acceptable outcomes contained within the Visitor Accommodation Code.
Driveways and Carparking Code
AO6.1 and Table 9.4.1.4 seek for carparking to be provided at the following rates for short-term
accommodation uses:
(c) dwellings—
(ii) if not a small dwelling— two spaces; and
(iii) one space per four dwellings.
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The proposal provides two covered spaces for each dwelling via a double garage. The code also
seeks an additional one space per 4 dwelling units, meaning the proposed two unit development
would require an additional 1 space. While the development would provide a shortfall of 1 space in
this regard, it is considered that the proposal would meet PO6 of the code for the following reasons:
+ the proposal seeks to utilise an existing dual occupancies for short-term purposes rather
than permanent accommodation and would not cause any additional peak demand for
carparking; and
+ a double garage for each unit will be sufficient to accommodate the number and type of
vehicles likely generated by the development.
6. Conclusion
This report has identified that the proposed development complies with the relevant benchmarks
contained within the Noosa Plan 2020 and does not raise any significant issues that cannot be
addressed by reasonable and relevant conditions.
This office trusts that the information supplied comprehensively addresses all of the issues that are
to be considered by The Noosa Plan. Should you have any questions in relation to the proposal, or
any aspect of the development, please do not hesitate to contact the undersigned on 0423 952 928
or via email [email protected] sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
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