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Delegated Report - Code - Planning MCU24 0022 · MCU24/0022
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Cameron Smith
Development Assessment
APPLICATION DETAILS
Application No. MCU24/0022
Applicant Robyn Grant c/- Pivotal Perspective Pty Ltd
Proposal Material Change of Use - Home-based business
Properly Made Date 19 March 2024
Information Request Date 4 April 2024
Information Response Date 11 April 2024
Decision Due Date 17 May 2024
Report Reviewed & Tara Norley - 17 May 2024
Finalised By
PROPERTY DETAILS
Property Address 5 Adams Street Sunshine Beach Qld 4567
RP Description Lot 547 on RP48112
Land Area 511m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not Applicable
Local Plan Area Coastal Communities
Overlays Not applicable
Assessment Type Code
Document Set ID: 23024819
Version: 6, Version Date: 24/05/2024
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Home-based business (home
hosted accommodation). The existing dwelling is a single storey building, with three bedrooms,
kitchen, living/dining room and a central private courtyard. The proposal includes the use of one of
the bedrooms only for home-hosted short-term accommodation purposes.
The proposed Home-based business would ordinarily be accepted development and not require a
development permit, however, the proposal triggers an application due to non-compliance with one
or more of the relevant acceptable outcomes that are identified as applicable assessment
benchmarks for “accepted development subject to requirements”, namely:
• AO2 of the Home-Based Business Code
It is noted that the original application when lodged was for the use of two bedrooms, however the
applicant reduced the number of bedrooms to one in response to Council’s Information Request
and concerns regarding carparking.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site and Floor Plan
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2. SITE DETAILS
2.1. Site Description
The subject site is a 510m2 rectangular lot containing an existing dwelling house. The site has a
15m frontage to Adams Street and contains existing mature landscaped vegetation.
2.2. Surrounding Land Uses
The subject site is located within a low density residential area and is surrounded by single-storey
detached dwellings.
3. ASSESSMENT
3.1. 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; and
• Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Home Based Business Code.
The subject site is located in Sunshine Beach and is zoned Low Density Residential. The proposed
use is identified as a consistent use within the zone and is required to follow a code assessable
application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Lot Size 550m2 510m2 X
Car parking 1 space per guest bedroom 2 spaces, 1 in tandem X
Plus that required for a Dwelling
House (2 covered)
Lot Size
The Acceptable outcome of the Home-Based Business Code seeks:
AO2 Where located in the Low density residential zone or Medium density residential
zone, if employees, customers, clients or guests attend the site, the site has a minimum area
of 550m2.
The subject site is located in the Low Density Residential Zone and has an area of 510m2, therefore
the impact of the use, in particular regard to guest parking is to be assessed as per the
corresponding Performance outcome.
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PO2 Development occurs on a site with adequate area for the proposed use, including client
and guest parking without adverse impact on neighbouring properties.
The proposal is for a traditional bed and breakfast style accommodation, with the applicant
proposing to short-term let one bedroom within the existing dwelling house only. The site includes
an existing single car garage, with sufficient area available onsite for an additional carpark for
guests. The proposal is therefore considered to comply with PO2 of the Home-based Business
Code.
Vehicle Parking
Acceptable outcome AO12 of the Home-Based Business Code seeks:
AO12 Parking is provided in accordance with Table 9.4.2.4 of the Driveways and Parking
Code
The Driveways and Parking Code requires one space to be provided per guest bedroom, in
addition to the two covered spaces for the Dwelling house. The existing dwelling house includes a
single car garage, with sufficient space for an additional onsite carpark located in front of the garage.
PO12 Adequate off-street vehicle parking is provided for the users of the home-based
business without causing adverse impact to the residents of adjoining properties.
The existing dwelling house includes a single car garage only, with the application proposing to
provide a single guest carpark in tandem with the garage space. The dwelling house was approved
under Noosa Plan 2006, which required only one carparking space to be provided on site for a
detached house.
Generally tandem carparks are not supported under Noosa Plan 2020, however the circumstances
of the proposal, being a home-hosted short-term accommodation with a maximum of 2 guests is
considered minor in nature, with the host responsible for the management of onsite parking. A
condition is included in the recommendation requiring guest parking to be located onsite. The
proposal is therefore considered to comply with PO12 of the Home-based Business Code.
Safety and Amenity
Acceptable outcome AO17.2 of the Low Density Residential Zone Code seeks:
AO17.2 Landscaping, fences or other works on property boundaries or road reserves do not
create impediments for pedestrian or cyclist use of the footpath.
The previous works undertaken in the road reserve (unsealed informal carparking and
landscaping) were identified as non-compliant development works and had the potential to impede
access along the verge. The non-conforming verge works were addressed in councils Information
Request requiring the removal of the non-compliant works.
PO17 Development is designed to maintain the safety and security of persons on the
premises and nearby premises and to avoid significant adverse changes to the solar access,
air quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining
or nearby premises.
In the response provided to the Council issued Information Request, the applicant requested the
opportunity for council to condition improvements pertaining to landscaping and general works
within the road reserve. As such, it is considered appropriate that the remediation works can be
conditioned appropriately.
4. CONSULTATION
4.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA) (ref: 2403-39655 SRA)
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The Department is a referral agency pursuant to Schedule 10, Part 4, Division 3, Table 1, Part 1
‘Premises contaminated because of unexploded ordnance’
The Department provided a response that was issued under section 56 of the Planning Act 2016
on 8 April 2024.
A copy of the response will be attached to the decision notice.
4.2. Internal Council Referrals
Engineering Internal Referral
Access – The existing access is not in accordance with Council’s standard drawings (RS-049 &
RS-050) as the driveway is constructed using cellular matting and gravel. There are no previous
approvals for the crossover. The development will result in the intensification of the use of the
driveway crossover; therefore, it is considered reasonable and relevant for the driveway crossover
to upgraded in accordance with Council’s standard drawings (RS-049 & RS-050) and an
Operational Works approval. No preliminary design has been provided.
Parking – Sometime between July 2019 and November 2020, unapproved works in the road
reserve were undertaken which resulted in the extension of the driveway (as a carpark). There are
no previous approvals for these works. Carparking within the road reserve is not supported and is
not considered a suitable carpark for the development; therefore, it is considered reasonable and
relevant that as part of the development, the road reserve is reinstated to match existing verge
areas in accordance with an Operational Works approval.
The applicant is proposing tandem car parking to meet the required number of on-site carparks.
Sufficient space is provided to allow for two carparks in tandem (within Garage & on the driveway).
Engineering believes that the proposed development can generally achieve compliance with the
relevant provisions of The Noosa Plan 2020 and has provided recommended conditions.
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
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RECOMMENDATION
With regard to Application No MCU24/0022 for a Material Change of Use - Home-based business
(Home hosed accommodation) situated at 5 Adams St, Sunshine Beach and described as Lot 547
RP 48112, it is recommended the application be approved in accordance with the following details
for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU24/0022
Street address: 5 Adams St Sunshine Beach Qld 4567
Real property description: Lot 547 RP 48112
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Home-based business (Home hosted
accommodation)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. 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.
2. 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
BA301 BA01 Ground Floor Plan 24.08.2016
Currency Period
3. This development approval lapses if the use has not happened by 17 May 2030, unless an
application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. Development is limited to Home-based Business (Home hosted accommodation), with the
total number of bedrooms available for guest accommodation not to exceed one (1), and
the total number of guests accommodated at any one time not to exceed two (2).
5. Guest accommodation must not be self-contained, with guests having only limited facilities
for preparing food and beverages including a small area with a kettle, toaster and bar fridge
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to prepare hot beverages, light snacks or continental breakfast. A separate kitchen and
laundry are not provided for guests.
6. The approved use must be conducted by a permanent resident or residents of the
dwelling house, with the dwelling being the residents’ principal place of residence.
7. The approved use must not interfere with the amenity of the neighbourhood from the
operation of machinery or electrical equipment, or from light, vibration, smell, fumes,
smoke, vapour, steam, soot, ash, grit, oil, dust, wastewater, waste products, electrical
interference or other.
8. The total number of commercial deliveries or collections to the premises must not
exceed 2 per day.
Amenity
9. All outdoor areas, including balconies, decks, pool and the like, must not be used after
9pm each night.
10. The premises must not be used to host events, functions or parties (e.g. bucks parties,
hen’s parties, raves, or wedding receptions for example) permitted on site.
11. 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.
12. The operation of the approved use must be in accordance with Administration
(Amendment) Subordinate Local Law (No.1) 2021.
*Refer Advisory Note.
External Works
13. Adam Street must be upgraded for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. removal of the gravel carpark adjacent to existing driveway crossover; and
b. reinstatement of the verge area to match the balance of the site frontage, including
the provision of topsoil and turf where the existing verge is grassed.
Site access and driveways
14. A sealed access driveway must be provided from Adams Street to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with Council’s standard drawings (RS-049 & RS-
050); and
b. a driveway crossover that does not result in the loss of any existing on-street carparks.
Car parking
15. A minimum of one additional car parking space (in addition to the space provided for the
dwelling house) must be provided and made available and accessible at all times while the
use is open for business. The works must include in particular:
a. One guest parking space within the total, which is clearly marked for that purpose and
accessible at all times for guest use; and
b. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities.
16. 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.
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Stormwater drainage
17. Stormwater runoff from the development must be disposed of without causing scour or
damage to the subject site or any adjoining property.
Easements
18. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
19. All easements must be designed in accordance with the planning scheme and granted at
no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
20. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
5. REFERENCE DOCUMENTS
Not applicable
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 10, Part 4, The agency provided
at DILGP Via MyDAS2 Division 3, Table 1 - its response on 8 April
at https://prod2.dev- Areas with substantial 2024.
assess.qld.gov.au/suite potential for UXO (Reference No. 2403-
/ (for assistance, 39655 SRA). A copy of
contact DILGP at 5352 the response is
9701 or attached.
email:[email protected]
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Short Stay Letting
1. On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home
hosted accommodation (bed and breakfast accommodation). The local law commenced on
1 February 2022. A one off application will need to be made, under the new local law, for all
existing and new properties operating short stay letting or home hosted accommodation,
unless identified as exempt.
For more information and application forms, please visit Council’s website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Advertising DEVICES
2. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
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prohibited from being erected in the Shire.
Infrastructure Charges
3. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. Traffic management during all phases of construction;
b. Adequate parking arrangements for works and deliveries;
c. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD); and
d. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works External Works and Driveway Crossover
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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