Council Report MCU16 0138.03

MCU16/0138.03 & OPW16/0257.03 - OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL change OF USE FOR 2 X MULITPLE HOUSING TYPE 2 - DUPLEXES AND OPERATIONAL WORKS (ENGINEERING WORKS AND LANDSCAPING) to include SHORT TERM ACCOMMODATION AT 1/113 Gympie terrace, NOOSAVILLE

Document information

Author	Development Planner, Lisa Pienaar (drafted by external consultant)
Environment and Sustainable Development

Index	Applications / ECM / MCU16/0138.03 & OPW16/0257.03

Attachments	Nil

APPLICATION DETAILS
Applicant	Matthew William Daniels
Proposal	Other Change to a Development Approval for a Material Change of Use for 2 x Multiple Housing - Type 2 Duplex and Operational Works (Access, Stormwater, and Landscaping) to include Short-term accommodation for unit 1.
Properly Made Date	14 May 2021
Information Request Date	11 June 2021
Information Response Date	15 September 2021
Decision Due Date	8 December 2021
Number of Submissions	5
PROPERTY DETAILS
Property Address	1/113 Gympie Tce Noosaville Qld 4566
RP Description	Lot 1 SP 308427
Land Area	728m² & 615m²
Existing Use of Land	Duplexes x 2
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Plan Area	Noosaville
Overlays	Land subject to Acid Sulfate soils Flood Hazard overlay
Assessment Type	Other Change to Approval - Impact
EXECUTIVE SUMMARY
The proposal is to utilise an existing and approved duplex to include a Short term accommodation use to accommodate 6 people.
The application is recommended for refusal as the proposal will further erode the permanent housing in the area and there is no need for additional accommodation for visitors to the area.  The proposal is contrary to the scheme’s requirements to maintain the area as predominantly home to permanent residents, and the use is not proposed within a well-established resort or holiday units, does not satisfy car parking requirements, and has the potential to impact on the amenity of permanent residents.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 December 2021 regarding Application No. MCU16/0138.03 and OPW16/0257.03 for an Other Change to a Development Approval for a Material Change of Use for 2 x Multiple Housing - Type 2 Duplex and Operational Works (Access, Stormwater, and landscaping) to include Short-term accommodation for Lot 1 on SP 308427, situated at 1/113 Gympie Tce Noosaville 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 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 a medium density residential neighbourhood that is predominately used for short term accommodation.  The introduction of additional short term accommodation within a duplex unit is not consistent with the zone’s outcome to maintain the area as predominantly home to permanent residents.
The proposal seeks to establish a new short-term visitor accommodation dwelling within a duplex and is not located within a well-established resort or holiday units.
The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and Performance Outcome PO21 of the Noosaville Local Plan Code as:
Additional visitor accommodation in the area is likely to result in detrimental impacts on the residential amenity of permanent residents.
While the code seeks to maintain visitor accommodation in the area, it does not seek to increase the extent of visitor accommodation within the area to the detriment of permanent residents.
The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code as:
The proposed visitor accommodation is not appropriately located and integrated with permanent residents in the area given the number and density of properties currently being used for visitor accommodation and/or permitted for use as visitor accommodation.
The proposed visitor accommodation is likely to detract from the amenity enjoyed by residents nearby and in the surrounding 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.
6.	There is no need for additional short term accommodation in the area.
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 1 only for both permanent and/or short-term accommodation. The existing dwelling unit has 3 bedrooms, capable of accommodating 6 people for the short term accommodation use.
No changes are proposed to the built form of the approved buildings.
The applicant advises:
They will utilise a local property manager to oversee letting, management and maintenance of the premises.
They will prepare a code of conduct and management agreement for all guests utilising the premises for short term accommodation.
All guests will be required to sign the agreement and terms of rental.
The double garage will be available for guests.
Designated bin areas are provided on site.
No events, weddings, parties or the like are to occur on the premises.
In support of the proposal the applicant also advises:
No external changes are proposed to the existing building.
The pool area and associated terrace area are screened by a 1.8m high fence and are located adjacent to the Gympie Terrace frontage.
The property is fully fenced and landscaped.
The adjoining premises to the east and west comprise unit developments.
Premises opposite the site are used for holiday accommodation.
The site is in close proximity to the recreation areas of the Noosa River foreshore.

The locality plan, site plan, floor plan and elevations are provided below in Figures 1 – 4.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
MCU16/0138 & OPW16/0257 - On 6 May 2017, Council issued a development approval for 2 x Multiple Housing Type 2 – Duplexes and associated Operational Works.
MCU16/0138.01 & OPW16/0257.01   - On 14 November 2017, Council issued a minor change to the existing approval relating to a change in the GFA.
MCU16/0138.02 & OPW16/0257.02 relating to building height – On 17 September, Council issued a minor change to the existing approval.
An Information request was issued to the applicant on 11 June 2021. The following is a summary of what further information was requested:
Number of guests expected;
Expected house rules;
Impact on amenity for permanent residents;
An analysis of whether the area remains predominantly home to permanent residents.
Site Description
The site is generally level and filled for flood immunity. The development is neighbouring duplexes which share a common centrally located driveway. The subject unit faces Gympie Terrace, however, the 2 sets of duplexes are light ‘U’ shaped and inward facing.
Surrounding Land Uses
North: 	Across Gympie Terrace are Multiple Dwellings, some of which are currently being primarily used for short term accommodation.
South:	The duplex adjoins the Scout land and multiple dwellings. The subject unit does not directly adjoin these sites, being the front unit.
West:	Directly adjoining is a Duplex (long term accommodation approved under the Noosa Plan 2006) and further west are multiple dwellings which have use rights for short or long term accommodation having been approved prior to Noosa Plan 2006.
East:	The site directly adjoins Multiple dwellings which have use rights for short or long term accommodation having been approved prior to Noosa Plan 2006.
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 an 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, as the zone is Medium Density Residential. The area is also dominated by sites developed for multiple dwelling units and duplex dwellings that have been typically predominantly used for visitor accommodation, particularly those properties in proximity to the Noosa River and Gympie Terrace. Properties setback further from Noosa River and Gympie Terrace have been historically mostly used by permanent residents.
Code Provisions
The subject site is located in the Noosaville Local Plan Area and is zoned Medium Density Residential. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
The Medium Density Residential Zone Code, the Noosaville Local Plan Code and the Visitor Accommodation Code all include provisions which address the potential impacts of short-term accommodation. The relevant provisions are:
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.
Noosaville Local Plan Code
7.2.4.2	Purpose and Overall Outcomes
(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 (s) 	Development in the Medium Density and High Density Housing zones accommodates a greater diversity in housing types including dual occupancies, multiple dwellings, retirement facilities and residential care facilities.
(t)	Development ensures permanent residents of Noosaville enjoy high levels of residential amenity and accessibility to urban services and recreational opportunities.
7.2.4.3	Assessment Criteria
Development in the Noosaville Local Plan Area generally (All Zones)
PO1
Development enhances the role of Noosaville as a major focus for visitor accommodation and services in Noosa Shire with high levels of accessibility to outdoor recreational pursuits and urban services.
Visitor Facilities
PO21
A range of visitor accommodation including low cost and family friendly short-term accommodation and tourist park accommodation, including the Noosa River Caravan Park at Russell Street is maintained.
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.

Figure 4 – Medium density residential neighbourhood
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. Whilst acknowledging that there are a number of permanent residential dwellings within the surrounding area, it is noted that the surrounding area consists predominantly of visitor accommodation facilities, including Ivory Palms Resort and directly opposite the subject site, the Villa Aqua and Regency Waterfront Motel. There are numerous properties which are currently being used for short-term accommodation (refer to red, some green and blue dots in Figure 5 below) not in resort style facilities. There are also numerous properties in the area which have a development approval which provides for the dwelling units to be used interchangeably for permanent or short term accommodation, given the age of many surrounding multiple dwellings where the majority were approved prior to Noosa Plan 2006.
The proposal will contribute to the proliferation of short term accommodation in the area and erode the dwelling units available for permanent resident, the proposal does not comply with the Purpose and Overall Outcome (a) of the Medium Density Residential Zone Code.  Based on the Tourism accommodation carrying capacity data April 2020 27% of residential dwellings in Noosaville, including houses and units were in use as Short Term Accommodation or for home hosted.
Further, 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 also does not comply with the Purpose and Overall Outcome (2) (t) and Performance Outcome PO21 of the Noosaville Local Plan Code, as while the Code seeks to maintain Noosaville’s role for visitors, it does not seek to increase visitor accommodation in the area and increasing visitor accommodation in the area is likely to further impact on the amenity of the permanent residents in the area.
The proposal is also not consistent with Purpose and Overall Outcomes (1) and (2) (f) of the Visitor Accommodation Code, as the proposed visitor accommodation is not appropriately located and will detract from permanent residents’ amenity. There is also no need for additional visitor accommodation in the area, as the extent of visitor accommodation does not integrate well with permanents in the area and dominates the area.
The below image includes existing resort style accommodation and individual units located within the Medium Density Residential zone and in the surrounding area. The green dots are units in resort type complexes and the red dots are non-resorts.

Figure 5 – Short term accommodation
Carparking
The code seeks 2 car spaces and 1 space per 4 dwellings for this type of development with 3 spaces required for a compliant development of this type.
While the applicant suggests a third vehicle space is located near the rear unit (Lot 2) and which is indicated on the plans provided with this application, this space is not compliant with Australian Standards and a vehicle would protrude in front of the neighbouring unit and is therefore unsatisfactory. This space is not considered to meet the relevant provisions and the development is therefore deficient in car parking by 1 space.
cONSULTATION
Referral Agencies
Not applicable
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. Five (5) properly made submissions were received. All submissions are from owners within close proximity to the subject site. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Parking	Agree. Parking is not sufficient onsite and does not meet the Planning Scheme requirement with regard to numbers, nor the relevant standards.
Noise	Agree. The unit is in close proximity to other units nearby and has the potential to cause adverse amenity affects.
Issue arise when holiday makers and permanent residents reside in a complex.	Agree. Visitors have different expectations to that of permanent residents and issues are known to arise from the mix of these uses onsite.
There is already a plethora of short term accommodation in the surrounding area and therefore sufficient short term accommodation in the area. This has the potential be a loss of revenue for other short term accommodation businesses.	Agree. There is no further need for short term accommodation in this area. Loss of revenue is not a planning matter.
conclusion & REASONS FOR DECISION
The application seeks to use 1 of the 2 units in an existing duplex, situated within the Medium Density Residential Zone, for the purpose of short-term accommodation. The planning scheme 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 area already accommodates a significant number of dwellings being used for short term accommodation and the proposal will further erode the supply of dwellings for permanent residents. This is of great concern given the current housing crisis, including lack of supply of housing and additional accommodation for visitors to the area is not needed. Accordingly, the application is recommended for refusal.

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	7 DECEMBER 2021

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