MCU26-0047 -Applicant's Response to Council's

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Information Required by Council

    1. Provide confirmation of the mechanism by which the existing approval will be relinquished, cancelled or
       otherwise prevented from operating concurrently with the proposed development.


1. Applicant’s Response
The application material identifies that the existing short-term accommodation use applying to the main dwelling is
to cease as part of the proposed land use outcome. The intent of the application is not to create an additional or
concurrent short-term accommodation use on the land. Rather, the application seeks to relocate the short-term
accommodation activity from the larger main dwelling to the existing approved 46.5m² small dwelling.
For clarity, the applicant acknowledges that the existing short-term accommodation position for the main dwelling
involves two related but separate elements:
    1. the underlying town planning use rights relied upon for the use of the main dwelling for short-term
       accommodation; and
    2. Short Stay Letting Approval SSL25/0041 issued under Council’s Short Stay Letting Local Law framework.
The applicant confirms that both elements will be addressed before the proposed short-term accommodation use
of the small dwelling is able to operate.
It is important to distinguish between the MCU approval now being sought and the separate Short Stay Letting
Local Law approval required before the use can operate. The MCU approval, if granted, will establish the town
planning approval for the small dwelling to be used for short-term accommodation. It will not, of itself, authorise
the immediate operation of the small dwelling for short stay letting.
A separate Short Stay Letting Local Law application will still be required before the small dwelling can operate.
For that reason, the appropriate transition point is after Council grants the MCU approval for the small dwelling,
but before the applicant lodges the Short Stay Letting Local Law application for the small dwelling.
The applicant does not consider it reasonable or necessary to relinquish the existing town planning use rights or
Local Law approval for the main dwelling before Council has determined the MCU application for the small
dwelling. If the MCU approval were not granted, the applicant would have prematurely given up the existing lawful
planning position for the main dwelling without the replacement planning approval being in place.
Instead, the applicant proposes the following clear transition process:
    1. Council grants the MCU approval for short-term accommodation within the existing approved small
       dwelling;

    2. before lodging the Short Stay Letting Local Law application for the small dwelling, the applicant will
       provide written confirmation to Council that the applicant no longer relies upon, asserts, or seeks to
       exercise any existing town planning use rights for short-term accommodation in relation to the main
       dwelling;


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                                                                          Noosa Heads        [email protected]
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    3. before lodging the Short Stay Letting Local Law application for the small dwelling, the applicant will also
       notify Council that short stay letting of the main dwelling is to cease and will request cancellation,
       surrender, withdrawal, expiry or non-renewal of Short Stay Letting Approval SSL25/0041;
    4. the applicant will then lodge the required Short Stay Letting Local Law application for the small dwelling,
       relying on the new MCU approval as the town planning authority for the use; and
    5. short-term accommodation will only commence in the small dwelling once both the MCU approval and the
       required Short Stay Letting Local Law approval for the small dwelling are in place.
This sequencing ensures that the existing town planning use rights and Local Law approval for the main dwelling
are not relinquished prematurely, while also ensuring that they are relinquished before any operational approval is
sought for the small dwelling.
The applicant accepts a condition of approval to give effect to this transition and to ensure that there can be no
concurrent operation of short-term accommodation from both dwellings.


Proposed condition
Prior to lodging any Short Stay Letting Local Law application for the approved short-term accommodation use
within the small dwelling, the applicant must provide written evidence to Council confirming that:
        a. the applicant no longer relies upon, asserts, or seeks to exercise any existing town planning use rights
        for short-term accommodation in relation to the main dwelling, withdrawing those existing use rights; and

        b. Short Stay Letting Approval SSL25/0041 applying to the main dwelling has been cancelled,
        surrendered, withdrawn, expired, or otherwise ceased to have effect, or that a request has been made to
        Council for that approval to be cancelled or otherwise brought to an end.
        c. The approved Short-term accommodation use is limited to the existing 46.5m² small dwelling identified
        on the approved plans. The main dwelling and any other building on the premises must not be used,
        advertised, made available, or let for Short-term accommodation.


This approach provides a clear and enforceable mechanism to ensure that the existing town planning use rights
and Short Stay Letting Local Law approval for the main dwelling cannot operate concurrently with the proposed
short-term accommodation use in the small dwelling. It also secures the planning outcome relied upon in the
application, namely a reduced-scale short-term accommodation outcome on the land.


Information Required by Council

    2. Provide a legally enforceable mechanism to ensure that short-term accommodation is limited to the small
       dwelling only.



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                                                                        Noosa Heads         [email protected]
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2. Applicants Response

The proposed development seeks approval for short-term accommodation within the existing approved 46.5m²
small dwelling only. The application does not seek approval for short-term accommodation within the main
dwelling, or within any other building or part of the land.
The legally enforceable mechanism to secure this outcome is through conditions of the MCU approval and the
approved plans.

The applicant accepts that any approval issued by Council should include a clear condition limiting the approved
use to the small dwelling only. The applicant also accepts that the main dwelling and any other building on the
premises must not be used, advertised, made available, or let for short-term accommodation.
This mechanism is enforceable because the restriction will form part of the development approval itself. It will not
operate merely as an applicant statement, intention or personal undertaking. Once imposed as a condition of
approval, the limitation will attach to the premises and bind the owner, successors in title and occupiers while the
approval is in effect.
Accordingly, if the main dwelling were later used, advertised, made available or let for short-term accommodation
contrary to the approval, that would constitute non-compliance with the development approval and would be
capable of enforcement action by Council.
The applicant also accepts that the approved plans should identify the small dwelling as the only building
approved for short-term accommodation. This will ensure the scope of the approval is clear and removes any
ambiguity about the buildings or parts of the land to which the approval applies.
The mechanism is further reinforced by the separate Short Stay Letting Local Law approval process. The MCU
approval, if granted, will establish the town planning authority for the small dwelling, but the use cannot operate
until a separate Short Stay Letting Local Law approval is obtained. That subsequent Local Law approval process
provides Council with a further operational checkpoint before the small dwelling can be used for short-term
accommodation.

The applicant therefore proposes that the following conditions be included on any approval issued by Council.


Suggested condition – Use limited to small dwelling
The approved Short-term accommodation use is limited to the existing 46.5m² small dwelling identified on the
approved plans. The main dwelling and any other building on the premises must not be used, advertised, made
available, or let for Short-term accommodation.

Suggested condition – No concurrent short-term accommodation use
No more than one Short-term accommodation use is permitted to operate on the premises at any time. For the
avoidance of doubt, the approved Short-term accommodation use is limited to the small dwelling only, and the
main dwelling must be retained for permanent residential occupation.



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                                                                        Noosa Heads         [email protected]
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Suggested condition – Approved plans
The approved use must be carried out generally in accordance with the approved plans, which identify the
existing 46.5m² small dwelling as the only building approved for Short-term accommodation.
These conditions provide the legally enforceable mechanism requested by Council. They ensure that short-term
accommodation is confined to the small dwelling only, that the main dwelling is retained for permanent residential
occupation, and that the approved development remains consistent with the reduced-scale planning outcome
advanced in the application.


Information Required by Council

    3. Provide an operational management plan for the proposed short-term accommodation use, including
       details of:

            a. Maximum guest numbers
            a. Booking and occupancy arrangements
            b. On-site management/contact arrangements
            c. Noise management measures
            d. Complaints handling procedures
            e. Waste storage and collection arrangements


3. Applicant’s Response

The applicant confirms that the proposed short-term accommodation use will be operated in a managed and
controlled manner to protect the amenity of surrounding premises and avoid land use conflict.
However, it is important to recognise that the proposed short-term accommodation use cannot commence merely
upon the granting of the MCU approval. If the MCU approval is granted, the applicant will still be required to lodge
and obtain a separate Short Stay Letting Local Law approval for the small dwelling before the use can operate.
This is a critical part of the approval pathway. The MCU approval establishes the town planning authority for the
use. The subsequent Short Stay Letting Local Law approval is the operational approval that regulates how the
premises is managed, occupied and supervised.
The matters raised by Council in this item are therefore matters that are already specifically addressed through
Council’s Short Stay Letting Local Law approval framework and documentation that is provided in the Local Law
approval package.
Council’s standard Short Stay Letting approval conditions regulate, among other things:



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                                                                       Noosa Heads         [email protected]
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    •   residential amenity, including noise, overlooking, light spill and nuisance;

    •   vehicle management and on-site parking;
    •   prohibition on camping or caravanning on the premises;
    •   public liability insurance;
    •   waste management;
    •   records management, including guest occupation records and complaint records;

    •   the Code of Conduct for guest behaviour;
    •   the requirement for a nominated contact person;
    •   complaints management, including response to complaints within 30 minutes;
    •   public display of approval details and complaint contact information; and
    •   enforcement consequences for non-compliance with conditions of approval.
Council’s standard Local Law approval conditions also require that an up-to-date contact person be identified for
the premises at all times. That contact person must be available 24 hours a day, 7 days a week, reside or have a
place of business within 20 kilometres of the premises, be responsible for supervision and management of the
premises, respond to each complaint within 30 minutes of notification, and resolve complaints at the premises
including by ensuring compliance with the Code of Conduct for guest behaviour.
Council’s Code of Conduct for guest behaviour also directly addresses the type of operational matters raised in
the Information Request. It requires vehicles to be stored so as not to cause nuisance or inconvenience, requires
use of the premises and outdoor areas not to detrimentally affect residential amenity or cause nuisance, prohibits
unacceptable behaviour such as yelling, screaming, arguing and excessively loud noise, prohibits camping or
sleeping in tents, caravans or similar facilities, requires pets to be managed, requires waste to be placed in waste
containers, and requires the premises and grounds to be kept safe and tidy.
Council’s Guide to Good Management of Short Stay Letting and Home Hosted Accommodation further reinforces
these requirements. The guide provides detailed operational guidance regarding the contact person, neighbour
liaison, guest liaison, guest safety, records of guests, house rules, maximum guests and visitors, use of outdoor
areas, car parking, pet management, waste management, complaints management, unruly guests and
consequences for failing to respond to complaints.
Accordingly, the operational management of the proposed use will be controlled through two complementary
mechanisms:
    1. conditions of any MCU approval issued for the small dwelling; and

    2. the separate Short Stay Letting Local Law approval required before the small dwelling can lawfully
       operate for short-term accommodation.




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                                                                        Noosa Heads        [email protected]
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The Local Law approval process is therefore not incidental or optional. It is a mandatory subsequent approval
process and provides Council with a further operational assessment, conditioning and enforcement mechanism
before the proposed use can commence.
To assist Council’s assessment of the current MCU application, the applicant provides the following operational
management framework. This framework is consistent with Council’s standard Short Stay Letting Local Law
approval conditions, Council’s Code of Conduct for guest behaviour and Council’s Guide to Good Management of
Short Stay Letting and Home Hosted Accommodation.
Importantly, the subject premises has already operated as short-term accommodation from the main dwelling for
a number of years. The applicants are therefore familiar with Council’s short-stay letting requirements and the
practical management obligations applying to this form of accommodation.
The current application does not seek to intensify short-term accommodation on the land. Rather, it seeks to
relocate the use from the existing larger main dwelling to the much smaller existing approved 46.5m² small
dwelling.
The proposed operational management framework should therefore be understood in that context. The proposal
will result in a smaller, lower-intensity accommodation use than the existing short-term accommodation
arrangement applying to the main dwelling.


a. Maximum guest numbers

The proposed short-term accommodation use is limited to the existing approved 46.5m² small dwelling.
The small dwelling contains one bedroom and will be managed as a small-scale accommodation unit. The
maximum number of overnight guests will be limited to two persons, unless otherwise approved by Council
through the subsequent Short Stay Letting Local Law approval process.
No guests will be permitted to sleep or camp elsewhere on the premises, including within a tent, caravan,
campervan or similar facility. The main dwelling will not be used, advertised, made available or let for short-term
accommodation.
The limitation of guest numbers to the small dwelling only ensures that the use remains consistent with the
planning basis of the application, namely a reduced-scale short-term accommodation outcome on the land.


b. Booking and occupancy arrangements
Bookings will be managed so that short-term accommodation occurs only within the small dwelling.

The booking material will clearly identify that the accommodation relates to the small dwelling only and does not
include the main dwelling or any other building on the land.
The applicant will ensure that guest information and house rules are provided to guests before, or at the time of,
check-in. This information will include requirements relating to:


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                                                                        Noosa Heads         [email protected]
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    •   maximum occupancy;

    •   parking;
    •   noise and residential amenity;
    •   use of outdoor areas;
    •   waste and recycling;
    •   no parties, events, weddings or functions;

    •   no camping or caravanning on the premises;
    •   guest behaviour; and
    •   contact details for the nominated contact person.
The use will not be operated as a party house or event venue. No weddings, parties, functions, conferences or
events are proposed or permitted as part of the short-term accommodation use.
The applicant will also maintain guest and occupancy records as required under the Short Stay Letting Local Law
approval process, including records of guest numbers and dates of occupation.


c. On-site management / contact arrangements
A nominated contact person will be identified for the premises as part of the Short Stay Letting Local Law
application for the small dwelling.
The contact person will be available 24 hours a day, 7 days a week, and will reside or have a place of business
within 20 kilometres of the premises, consistent with Council’s standard short-stay letting requirements.
The contact person will be responsible for:
    •   responding to guest enquiries;
    •   supervising and managing the operation of the premises for short-term accommodation;
    •   responding to complaints;
    •   resolving any guest behaviour issues;

    •   ensuring compliance with the guest code of conduct and house rules;
    •   ensuring waste is appropriately managed; and
    •   maintaining required records.
The owner or nominated contact person will be available to respond to complaints within the timeframe required
by Council’s Local Law approval process, including responding to complaints within 30 minutes of notification.
The contact person details will be provided to Council as part of the Local Law approval process and kept up to
date at all times.


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                                                                      Noosa Heads         [email protected]
                                                                      QLD 4567            rgstrategic.com.au

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d. Noise management measures

The proposed use will be managed to protect the amenity of surrounding premises.
The small dwelling is a one-bedroom, low-capacity accommodation unit located on a large rural property. The
proposal represents a reduction in the scale of short-term accommodation from the existing larger main dwelling
to the much smaller small dwelling.
Noise management measures will include:

    •   limiting guest numbers to the approved maximum;
    •   prohibiting parties, functions, events, weddings and conferences;
    •   providing house rules to all guests;
    •   requiring guests to comply with Council’s Code of Conduct for guest behaviour;
    •   requiring guests to avoid behaviour that causes nuisance or disturbance;
    •   requiring guests to keep noise to a reasonable level at all times;

    •   managing the use of outdoor areas so as not to detrimentally affect nearby residents;
    •   prohibiting amplified outdoor music;
    •   requiring guests to move indoors during evening periods where noise may affect amenity;
    •   ensuring vehicle movements, arrivals and departures occur in a manner that minimises disturbance; and
    •   requiring the nominated contact person to respond promptly to any complaint.
Guests will be advised that the premises is located within a rural residential context and that they must respect
the amenity and quiet enjoyment of surrounding residents.
The proposed management regime is appropriate to the scale of the use and is consistent with Council’s short-
stay letting management framework.


e. Complaints handling procedures
Complaints will be managed in accordance with Council’s Short Stay Letting Local Law approval requirements.

The nominated contact person will be responsible for receiving, responding to and resolving complaints relating to
the short-term accommodation use.
The applicant will ensure that:
    •   current contact details are provided to Council;
    •   the nominated contact person is available 24 hours a day, 7 days a week;
    •   complaints are responded to within the timeframe required by Council;



                                                                       PO Box 1818         0438 210 182
                                                                       Noosa Heads         [email protected]
                                                                       QLD 4567            rgstrategic.com.au

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    •   the contact person may contact guests by phone or attend the premises if required;

    •   the contact person will take reasonable steps to resolve the issue, including requiring guests to comply
        with the house rules and Code of Conduct;
    •   serious or repeated non-compliance by guests may result in termination of the stay;
    •   a written record of complaints will be kept; and
    •   complaint records will be made available to Council upon request.

The complaints register will record, at a minimum:
    •   the date and time the complaint was received;
    •   the nature of the complaint;
    •   the action taken in response;
    •   whether attendance at the premises was required; and
    •   how the complaint was resolved or addressed.

The applicant acknowledges that non-compliance with Local Law approval conditions may result in Council
compliance action, including action to amend, suspend or cancel the Local Law approval.


f. Waste storage and collection arrangements
Waste generated by the proposed use will be managed within the existing waste servicing arrangements for the
premises.

Waste and recycling bins will be provided for the small dwelling and guests will be instructed to separate general
waste and recyclable waste. Guest information and house rules will include clear instructions regarding waste
storage, recycling and disposal.
The nominated contact person or owner will be responsible for ensuring that waste containers are kept clean, tidy,
sanitary and hygienic, and that waste is appropriately managed so as not to cause nuisance or amenity impacts.
Where kerbside collection is available, bins will be placed out for collection in accordance with Council’s
requirements and will not be left on the kerbside for longer than permitted. Where any waste cannot be managed
through normal collection arrangements, it will be removed from the premises and disposed of at an appropriate
waste facility.
The reduced scale of the proposed use is relevant to waste management. The proposal involves a one-bedroom
small dwelling and will generate substantially less waste than the existing short-term accommodation use of the
larger main dwelling.




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                                                                       Noosa Heads        [email protected]
                                                                       QLD 4567           rgstrategic.com.au

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Summary

The applicant has provided the operational management framework requested by Council.
The proposed use will be limited to the existing approved 46.5m² small dwelling, with maximum guest numbers
controlled, booking arrangements managed, a 24/7 local contact person nominated, noise and guest behaviour
regulated, complaints recorded and responded to, and waste managed in accordance with Council’s
requirements.

The operational framework is consistent with, and will be reinforced by, Council’s own Short Stay Letting Local
Law approval process. That process already provides the relevant operational controls for short-stay premises,
including conditions relating to amenity, nuisance, parking, guest behaviour, complaints, waste, records, signage,
contact person obligations and enforcement.
It is also reinforced by the fact that the small dwelling cannot lawfully operate as short-term accommodation until
the separate Short Stay Letting Local Law approval is obtained. That process provides Council with a further
operational assessment and compliance mechanism before the use commences.
In addition, the premises has an established history of short-term accommodation operation from the main
dwelling. The applicants are familiar with the short-stay letting framework and the obligations associated with
managing this form of accommodation. The current proposal will reduce the scale of short-term accommodation
on the land by relocating the use from the larger main dwelling to the much smaller one-bedroom small dwelling.
On that basis, the proposed operational management arrangements are appropriate and sufficient to protect
amenity, manage guest behaviour and avoid land use conflict.


Information Required by Council

    4. Provide certification or supporting documentation confirming that the existing on-site effluent disposal
       system:
        a. Is approved and operational; and

        b. Has capacity to accommodate the proposed short-term accommodation use.


4. Applicant’s Response
The requested information regarding the approval, certification and operational status of the on-site effluent
disposal system was provided with the lodged application at Appendix B – Effluent Information.
Appendix B included Council’s own plumbing and drainage compliance material, together with the supporting site
and soil evaluation and wastewater design documentation for the approved small dwelling.
Existing effluent approval and certification
The existing small dwelling is serviced by an approved and certified on-site effluent disposal system.


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                                                                       Noosa Heads          [email protected]
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Appendix B to the lodged application includes Council’s Compliance Certificate for PL23/0174, issued by Noosa
Council’s Building and Plumbing Services on 25 June 2024.
The certificate relates to:
    •    Application Number: PL23/0174;
    •    Street Address: 122 Musa Vale Road, Cooroy QLD 4563;
    •    Real Property Description: Lot 304 on SP118015; and

    •    Application Details: Secondary Dwelling – 8 Fixtures & AES.
The Council compliance certificate confirms that Council decided to issue a Compliance Certificate for the
regulated work, being plumbing and drainage work and/or on-site sewerage work, in relation to the approved
secondary dwelling.
The inspection history recorded in the certificate confirms that the work was inspected at the following stages:
    •    Drainage: 7 November 2023;

    •    Land Application Area: 20 October 2023; and
    •    Final Inspection: 12 January 2024.
The final inspection certification confirms that the work is compliant, operational and fit for use.
Accordingly, the existing effluent disposal system for the small dwelling is approved, inspected, certified,
operational and fit for use.
Effluent system design and capacity

Appendix B also includes the site and soil evaluation and wastewater design prepared by Biowater Designs Pty
Ltd for the proposed detached studio / small dwelling.
That documentation confirms that the wastewater design was prepared for a proposed 1-bedroom detached
studio on the subject land.
The approved wastewater arrangement comprises:
    •    an Advanced Enviro-Septic System;

    •    a system designed for Advanced Secondary Effluent;
    •    a Person Equivalent of not less than 3;
    •    a minimum 3000L all-waste septic tank;
    •    all wastewater from the detached dwelling directed to the septic tank and then to the AES bed;
    •    a design flow of 360L/day;
    •    an adopted hydraulic load of 120L/day/person; and

    •    a 36m² Advanced Enviro-Septic infiltration bed.


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This documentation confirms that the effluent disposal system was specifically designed, approved, installed,
inspected and certified for the approved small dwelling.
The proposed short-term accommodation use does not increase the wastewater demand beyond that already
contemplated by the approved use of the small dwelling as a habitable secondary dwelling.
The application does not propose:
    •   any additional bedrooms;

    •   any additional bathrooms;
    •   any additional toilets, showers, laundries or kitchen facilities;
    •   any additional plumbing fixtures;
    •   any increase in the approved floor area;
    •   any additional accommodation units;
    •   any camping, caravanning or external sleeping areas; or

    •   any alteration to the approved wastewater system.
The small dwelling was approved for permanent residential occupation. A permanent residential occupation
scenario is capable of generating continuous daily wastewater loading. By contrast, the proposed short-term
accommodation use will be intermittent and lower in intensity.
Based on the applicant’s experience with short-term accommodation on the premises, historical occupancy
patterns indicate approximately 60% occupancy. That level of use is materially less than continuous permanent
residential occupation.
The proposed use will also be managed as a small-scale accommodation unit within the existing one-bedroom,
46.5m² small dwelling. As outlined in response to Item 3, the maximum number of overnight guests will be limited
to two persons, unless otherwise approved by Council through the subsequent Short Stay Letting Local Law
approval process.
On that basis, the proposed short-term accommodation use will result in a wastewater loading that is less than the
loading associated with permanent occupation of the approved secondary dwelling and within the capacity of the
approved and certified system.
Existing building approval and residential servicing context
The existing small dwelling has also been approved and finalised as a lawful secondary dwelling on the subject
land.
Council’s property records identify the relevant building approval details as follows:

    •   Application Number: PC23/0764;
    •   Application Type: Building Private Certification;



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    •   Category: Dwelling;

    •   Description: Secondary Dwelling;
    •   Details: Secondary Dwelling – 122 Musa Vale Road, Cooroy;
    •   Submitted Date: 27 June 2023;
    •   Stage / Decision: Finalised;
    •   Applicant: Rocket Building Approvals;

    •   Builder: Dream Modular Homes; and
    •   Certifier: Rocket Building Approvals.
The small dwelling was therefore approved as a habitable residential building capable of permanent occupation. It
was not approved as a temporary, non-habitable or occasional-use structure.
This is relevant because the proposed use does not create a servicing demand greater than the approved
residential use of the building. The dwelling has already been approved, serviced and certified for residential
habitation, and the wastewater system has been certified as compliant, operational and fit for use.
Potable water supply
The subject land is a rural property and is serviced by on-site water supply arrangements.
The proposed short-term accommodation use will rely on the existing water supply arrangements available to the
approved small dwelling. The application does not propose any additional water demand associated with new
buildings, new bedrooms, additional bathrooms, swimming pools, commercial kitchens, function areas, camping
areas or other intensified visitor facilities.
The proposed use will be confined to the existing one-bedroom, 46.5m² small dwelling and will be limited to small-
scale visitor accommodation. The expected occupancy pattern is intermittent and materially less intensive than
permanent occupation.
The water demand associated with the proposed use is therefore appropriate because:
    •   the building was approved as a habitable secondary dwelling;

    •   the approved residential use already contemplates ongoing domestic water demand;
    •   the proposed short-term accommodation use is intermittent;
    •   the proposed use is limited to a one-bedroom, 46.5m² dwelling;
    •   maximum overnight guest numbers will be limited to two persons unless otherwise approved through the
        Local Law process;
    •   no increase in bedrooms, bathrooms or plumbing fixtures is proposed;

    •   no functions, events, conferences or other high-demand uses are proposed;



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                                                                       Noosa Heads           [email protected]
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Page 15

    •   no additional accommodation units are proposed; and

    •   the use will be managed through the Short Stay Letting Local Law approval process before it can
        operate.
The applicant will provide Council with confirmation of the relevant water tank storage capacity for the small
dwelling. However, the planning conclusion remains that the proposed use will not create a greater water demand
than the already approved permanent residential occupation of the small dwelling.

Relationship with Short Stay Letting Local Law approval process
It is also relevant that the small dwelling cannot lawfully operate for short-term accommodation merely upon the
issue of an MCU approval.
If the MCU approval is granted, the applicant must still lodge and obtain a separate Short Stay Letting Local Law
approval for the small dwelling before the use can commence.
That Local Law approval process provides Council with a further operational checkpoint before the premises can
be used for short-term accommodation. Matters such as guest numbers, contact person arrangements, guest
safety, operational management, records, complaints, waste management and approval conditions will be
addressed through that separate approval process.
Summary
The information requested in relation to effluent approval and certification was provided with the lodged
application at Appendix B.

That material confirms that the effluent disposal system for the small dwelling has been approved, inspected and
certified by Council. The system relates to PL23/0174 – Secondary Dwelling – 8 Fixtures & AES, and the final
certification confirms the work is compliant, operational and fit for use.
The approved system was designed for a one-bedroom detached studio / small dwelling, with an Advanced
Enviro-Septic System, minimum 3000L septic tank, PE 3 design basis, 360L/day design flow and 36m² AES
infiltration bed.

The proposed short-term accommodation use does not increase bedrooms, plumbing fixtures, floor area,
accommodation units or wastewater infrastructure. It is a smaller-scale and intermittent use of an already
approved habitable secondary dwelling.
On that basis, Council can be satisfied that the existing on-site effluent disposal and water supply arrangements
are appropriate to support the proposed use, and that the development is provided with a level of infrastructure
and services appropriate to maintain environmental health and public safety.


Information Required by Council
    5. Provide details of the potable water supply for the development, including:



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                                                                       Noosa Heads         [email protected]
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             a. Tank storage capacity; and

             b. Demonstration that the supply is sufficient to meet expected demand.


5. Applicants Response
The subject land is a rural property and is serviced by on-site water supply arrangements.
The existing small dwelling is serviced by an 18,000 litre water tank. In addition, there is a 6,200 litre swimming pool
on the premises. The combined available water storage associated with the premises is therefore 24,200 litres,
comprising:
    •   18,000 litres of tank water storage; and
    •   6,200 litres of swimming pool water.
The proposed short-term accommodation use will rely on the existing water supply arrangements available to the
approved small dwelling.

The application does not propose any additional water demand associated with new buildings, new bedrooms,
additional bathrooms, swimming pools, commercial kitchens, function areas, camping areas or other intensified
visitor facilities.
The proposed use will be confined to the existing one-bedroom, 46.5m² small dwelling and will be limited to small-
scale visitor accommodation. The expected occupancy pattern is intermittent and materially less intensive than
permanent occupation.

The water demand associated with the proposed use is appropriate because:
    •   the building was approved as a habitable secondary dwelling;
    •   the approved residential use already contemplates ongoing domestic water demand;
    •   the small dwelling is serviced by an existing 18,000 litre water tank;
    •   additional water is available from the existing 6,200 litre swimming pool;
    •   the proposed short-term accommodation use is intermittent;
    •   the proposed use is limited to a one-bedroom, 46.5m² dwelling;
    •   maximum overnight guest numbers will be limited to two persons unless otherwise approved through the
        Local Law process;
    •   no increase in bedrooms, bathrooms or plumbing fixtures is proposed;
    •   no functions, events, conferences or other high-demand uses are proposed;
    •   no additional accommodation units are proposed; and
    •   the use will be managed through the Short Stay Letting Local Law approval process before it can operate.



                                                                         PO Box 1818          0438 210 182
                                                                         Noosa Heads          [email protected]
                                                                         QLD 4567             rgstrategic.com.au

Page 17

The 18,000 litre tank capacity is sufficient to meet the expected domestic demand of the proposed small-scale
short-term accommodation use. The proposed use will generate a lower water demand than permanent residential
occupation of the approved secondary dwelling because occupation will be intermittent, rather than continuous.
On that basis, the existing potable water supply arrangements are appropriate to support the proposed use.


Information Required by Council

    6. Provide confirmation that the proposed short-term accommodation use does not alter the bushfire
       classification of the site or introduce additional applicable building requirements for the dwelling.


6. Applicants Response

The proposed short-term accommodation use does not alter the bushfire classification of the site and does not
introduce additional applicable building requirements for the existing approved small dwelling.

The applicant has obtained a specialist bushfire response from North Coast Environmental Services, dated 17
July 2026 – Refer Appendix A. That response was prepared following review of Council’s Information Request,
the site plans, the existing BAL Report (Appendix B) prepared by Bushfire Assessment Queensland, and
available site photography.

The specialist response confirms that the proposed Material Change of Use from an approved secondary dwelling
to short-term accommodation does not inherently alter the bushfire classification of the site under the Bushfire
Resilient Communities Technical Reference Guide methodology.

This is because bushfire hazard classification is determined by physical site characteristics, including:

    •   vegetation hazard class;

    •   fuel loads;

    •   slope;

    •   landscape position;

    •   separation distances; and

    •   radiant heat exposure.

The proposed development does not alter any of those physical bushfire hazard inputs. It does not involve
additional clearing, earthworks, changes to vegetation, alterations to separation distances, relocation of the
dwelling, new access arrangements, or any extension to the existing approved building.

Accordingly, the bushfire hazard classification applicable to the site remains unchanged.


                                                                        PO Box 1818         0438 210 182
                                                                        Noosa Heads         [email protected]
                                                                        QLD 4567            rgstrategic.com.au

Page 18

The specialist response also confirms that the existing site-specific BAL assessment prepared by Bushfire
Assessment Queensland assessed the existing dwelling location using AS3959-2018 Method 2, while adopting
fuel loads and FFDI specified under the Bushfire Resilient Communities methodology. That assessment
determined the required construction standard for the dwelling to be BAL-12.5.

BAL-12.5 corresponds to a design radiant heat exposure of up to 12.5 kW/m². The specialist response confirms
that this is substantially below the 29 kW/m² radiant heat flux benchmark generally accepted by Council and
adopted by the Queensland State Planning Policy guidance for non-vulnerable uses.

The specialist response also confirms that short-term accommodation is not considered a vulnerable use in the
same manner as hospitals, aged care facilities, schools or childcare centres.

The existing BAL Certificate prepared by Bushfire Assessment Queensland also confirms that the building was
assessed as:

    •   Main BCA Class: Class 1a;

    •   Use of building: Residential;

    •   Description of building or works: New Secondary Dwelling;

    •   AS3959 assessment procedure: Method 2; and

    •   BAL: BAL-12.5.

The proposed application does not seek approval for any building work, external alteration, expansion, relocation
or intensification of the existing built form. The dwelling remains an existing approved residential building.

The specialist bushfire response confirms that the proposed use does not alter the site’s bushfire classification
and does not introduce additional bushfire-related building construction requirements for the existing approved
small dwelling.

The existing BAL-12.5 construction standard remains appropriate, subject to the continued maintenance of the
separation distances and defendable space relied upon in the BAL assessment.



Information Required by Council

    7. Provide a site-specific Bushfire Hazard Assessment and Management Plan that addresses the bushfire
       risk associated with the development. The plan should be prepared in accordance with the Queensland
       State Planning Policy (SPP) – Natural Hazards, Risk and Resilience (Bushfire) guidance material, and the
       Noosa Plan – Bushfire Hazard Overlay Code. The plan must demonstrate that:
        a. Safe access and evacuation can be achieved; and


                                                                         PO Box 1818         0438 210 182
                                                                         Noosa Heads         [email protected]
                                                                         QLD 4567            rgstrategic.com.au

Page 19

        b. An adequate water supply is available for firefighting purposes. In this regard, demonstrate that a
           minimum of 5,000 litres of water is available for firefighting purposes, in addition to the water supply
           required for all other uses on the premises.


7. Applicants Response
The applicant has obtained a specialist bushfire response from North Coast Environmental Services, dated 17 July
2026, addressing Council’s request for a site-specific bushfire response to the proposed short-term accommodation
use.
The specialist response was prepared following review of Council’s Information Request, the site plans, the existing
BAL Report prepared by Bushfire Assessment Queensland, and available site photography.
The specialist response confirms that a separate Bushfire Hazard Assessment and Management Plan is not
considered necessary to demonstrate that the proposed Material Change of Use can achieve an appropriate level
of bushfire safety.
This conclusion reflects the nature of the application. The proposal relates solely to the use of an existing lawfully
approved small dwelling. It does not involve:
    •   a new building;
    •   subdivision;
    •   additional accommodation buildings;
    •   expansion of the existing dwelling;
    •   relocation of the dwelling;
    •   vegetation clearing;
    •   earthworks;
    •   changes to existing separation distances;
    •   changes to the existing access arrangement; or
    •   any reduction in existing defendable space.
The physical bushfire risk profile of the site therefore remains unchanged.
The existing BAL assessment concluded that the dwelling achieves a BAL-12.5 construction standard based on the
existing vegetation, fuel loads, slopes and separation distances. The specialist response confirms that this
construction standard provides a level of radiant heat exposure well below the benchmark generally accepted for
non-vulnerable development.

The specialist response also confirms that the degree of separation required to validate the BAL-12.5 construction
standard appears to be clearly available around the dwelling, based on aerial imagery and site photography. The



                                                                        PO Box 1818         0438 210 182
                                                                        Noosa Heads         [email protected]
                                                                        QLD 4567            rgstrategic.com.au

Page 20

photographs included in the specialist response demonstrate maintained low-threat conditions around the dwelling,
including hardstand areas, low-threat landscaping and maintained lawn areas.
Safe access and evacuation
The specialist response confirms that safe access and evacuation can be achieved.
The existing small dwelling is accessed via the existing internal driveway, which connects directly to Musa Vale
Road. The access route traverses managed, low-threat grassed areas and established infrastructure before
reaching the public road network.
No changes are proposed to this access arrangement.
The specialist response further notes that the access and evacuation route for the small dwelling is considerably
shorter than the access route for the existing approved short-term accommodation dwelling situated at the rear of
the property.
The existing driveway provides a practical evacuation route for occupants and access for emergency vehicles. The
specialist response confirms that, based on the available information, the access arrangement appears capable of
facilitating evacuation and emergency response without reliance on travel through hazardous vegetation within the
site.
Firefighting water supply
Council has requested confirmation that a minimum of 5,000 litres of water is available for firefighting purposes, in
addition to the water supply required for all other uses on the premises.

The specialist response confirms that the proposed use has access to an existing round plunge pool located
adjacent to the north-eastern corner of the small dwelling. The pool has a reported approximate storage capacity
of 6,500 litres.
The pool is readily accessible from the hardstand area near the dwelling. The specialist response confirms that this
available water supply exceeds Council’s nominated minimum firefighting water supply requirement of 5,000 litres.
The pool water is not used for potable domestic supply. It is therefore available separately from the 18,000 litre tank
water supply servicing the small dwelling.
The proposed arrangement provides:
    •   18,000 litres of tank water storage for domestic water supply; and
    •   approximately 6,500 litres of pool water available for firefighting purposes.
This satisfies Council’s request to demonstrate that at least 5,000 litres of water is available for firefighting purposes
in addition to water required for other uses on the premises.

Reduced bushfire exposure compared with existing approved arrangement
The specialist response also notes that the site already benefits from an existing short-term accommodation
approval associated with the existing five-bedroom main dwelling.


                                                                          PO Box 1818          0438 210 182
                                                                          Noosa Heads          [email protected]
                                                                          QLD 4567             rgstrategic.com.au

Page 21

As outlined in response to Items 1 and 2, the current application does not seek to create an additional short-term
accommodation use on the land. The application seeks to replace the existing larger short-term accommodation
arrangement with a smaller short-term accommodation use in the existing one-bedroom small dwelling.
The proposal is therefore likely to reduce the number of short-term guests able to occupy the site at any one time.
This reduces the potential number of short-term occupants requiring evacuation during a bushfire event and further
supports the conclusion that the proposal does not materially alter the bushfire risk profile of the site.

Bushfire Evacuation Plan
The specialist response recommends that a Bushfire Evacuation Plan be prepared and made available on the
premises to assist occupants in the event of a local bushfire.
The applicant accepts this recommendation.
The applicant is prepared to accept a condition of approval requiring a Bushfire Evacuation Plan to be prepared
and made available within the small dwelling prior to commencement of the approved short-term accommodation
use.
Suggested condition
Prior to commencement of the approved Short-term accommodation use, a Bushfire Evacuation Plan must be
prepared and made available within the approved small dwelling for occupants. The Bushfire Evacuation Plan must
include emergency contact details, evacuation instructions, bushfire warning information and the nominated
evacuation route from the small dwelling to Musa Vale Road.


This ends my client’s response to matters raised by Council within their Information Request.

We ask that Council proceeds with the assessment of this application under section 13.3 of the Development
Assessment Rules, effectively ending our applicant’s response period.
Should you require any additional information or have any queries please to not hesitate to contact us.
Kind Regards,




Russell Green
Managing Director
RG Strategic




                                                                      PO Box 1818         0438 210 182
                                                                      Noosa Heads         [email protected]
                                                                      QLD 4567            rgstrategic.com.au

Page 22

STRATEGIC SOLUTIONS,
CREATIVE THINKING