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MCU STA - 132 Solar Road - Planning Report
Town Planning Report Application for a Development Permit for a Material Change of Use to Establish a Short- term Accommodation Use 132 Solar Road, COOROY MOUNTAIN QLD 4563 Lot 19 on SP236314 OLIVER O'REILLY
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Table of Contents
Important Note 1
1. Summary 2
2. Application Information 3
3. Development Intent 4
4. Characteristics of Site and Surrounds 5
4.1 Site Characteristics 5
4.2 Surrounding Land Uses 6
4.3 Current Registered Landowner 6
5. State Planning Interests 7
5.1 Planning Act 7
5.2 Referral Agencies and State Development Assessment Provisions 7
5.3 State Planning Policy 7
5.4 South East Queensland Regional Plan 2017 7
6. Noosa Council Planning Scheme Considerations 9
6.1 Land Use Definition 9
6.2 Zone 9
6.3 Level of Assessment 9
6.4 Local Plan 9
6.5 Applicable Assessment Benchmarks 9
6.6 Applicable Overlay Codes 22
6.7 Planning Scheme Polices 22
7. Discretionary Matters 23
8. Conclusions 24
List of Figures
Figure 1: Site Location 5
Figure 2: Council Zone Map 6
Figure 3: SEQ Regional Plan Land Use Category Map 8
Figure 4: Agricultural Land Conservation Area Overlay 11
Figure 5: Noosa Trail Network 15
List of Tables
Table 1: Application Information 3
Table 2: Project Team and Appendices 3
Table 3: Assessment Against the Relevant Rural Zone Code Benchmarks 11
Table 4: Assessment Against the Relevant Visitor Accommodation Code Benchmarks 15
List of Photographs
Photograph 1: Existing Detached Dwelling.......................................................................................................... 4
RG Strategic Town Planning Report – Short-term Accommodation a
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for Oliver O'Reilly (“Client”) for the specific purpose of demonstrating
the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This report is strictly
limited to the purpose and the facts and matters stated in it and does not apply directly or indirectly
and will not be used for any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim
arising out of or incidental to a Third Party; and
• publishing, using or relying on the facts, content, opinions or subject matter contained
in this report.
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
RG Strategic Town Planning Report – Short-term Accommodation 1
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1. Summary
Oliver O'Reilly (the Applicant) has engaged RG Strategic to seek development approval for a code
assessable application for a Material Change of Use (Short-term Accommodation) on the site.
Refer to the Photographs of Premises and Floor Plans enclosed within Appendix A.
The subject site consists of a large and irregular parcel of land and contains a detached dwelling
and ancillary structures. The subject site is located at 132 Solar Road, Cooroy Mountain QLD 4563,
and is formally described as Lot 19 on SP236314.
The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Material Change of Use is permitted.
This planning report provides details of the nature of the proposal, describes the site characteristics
and surrounding land uses, and provides a statutory assessment against the intent of the Noosa
Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the Noosa Plan 2020; and
• A conclusion that provides summary grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Form and
appendices. The proposed Short-term Accommodation use is consistent with the intent of the
Noosa Plan 2020 for the subject lands and warrants approval subject to reasonable and relevant
conditions.
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2. Application Information
Table 1: Application Information
Address 132 Solar Road, COOROY MOUNTAIN QLD 4563
Real Property Description Lot 19 on SP236314
Land Area 46727.23m2 / 4.6727ha
Local Authority Noosa Council
Current Use Detached dwelling
Planning Scheme Noosa Plan 2020
Locality N/A
Zone Rural Zone
Rural Zone Code,
Relevant Codes and
Visitor Accommodation Code, and
Overlays
Works Codes.
Applicant Oliver O'Reilly
Type of Application Material Change of Use
Level of Assessment Code Assessable
SARA Referral N/A
Table 2: Project Team and Appendices
Town Planning RG Strategic
Floor Plan RG Strategic Appendix A
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3. Development Intent
Oliver O'Reilly (the applicant) is seeking a Material Change of Use on the land located at 132 Solar
Road, Cooroy Mountain QLD 4563. The applicant proposes to utilise the existing two storey
detached residential dwelling for Short-term Accommodation. No changes are proposed to the
existing dwelling with all parts of the site will be available for the proposed use.
The applicant advises that:
• 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; and
• The two-car garage and associated driveway will be available for carparking for guests.
In support of the proposal the following is noted; as depicted in Photographs 1 to 4.
• The dwelling is located on a large parcel of rural land surrounded and screened by mature,
dense vegetation;
• The dwelling and associated facilities (pool, decks and fit pit) are appropriated located
away from the adjoining rural allotments and existing dwellings; and
• The property is fully fenced and landscaped.
The applicant intends to utilise the subject property for their family as a holiday home. During the
periods that they are not staying in the Noosa region, the applicants wish to holiday let the property.
The existing dwelling consists of four (4) bedrooms, one (1) media/ancillary bedroom, three (3)
bathrooms, pool, wrap around decks and open plan living areas.
Photograph 1: Existing Detached Dwelling
Source: Realestate.com.au
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4. Characteristics of Site and Surrounds 4.1 Site Characteristics The land which is the subject of this report (i.e., the subject site) is located at 132 Solar Road, Cooroy Mountain QLD 4563; legally described as Lot 19 on SP236314. Refer to Figure 1 Site Location. The subject site consists of a large and irregular parcel of land and contains a detached dwelling and ancillary structures. The total land area of the allotment is 4.6727ha. Figure 1: Site Location Source: NearMap RG Strategic Town Planning Report – Short-term Accommodation 5
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4.2 Surrounding Land Uses As illustrated in Figure 2, the surrounding area predominately encompasses large rural allotments. Importantly, the nearest residential dwellings to the north-east and north-west are both approximately 145 metres from the existing dwelling. Dense vegetation exists between the subject dwelling and the neighbouring dwellings and provides visual and acoustic screening. Figure 2: Council Zone Map Source: Noosa Plan 2020 (Noosa Council Enterprise Mapping System) 4.3 Current Registered Landowner Oliver O'Reilly is the current landowner of the subject site and is confirmed by the Certificate of Title. Written consent from the registered owner is enclosed with this application. RG Strategic Town Planning Report – Short-term Accommodation 6
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5. State Planning Interests The following is an assessment of how the proposed development addresses the relevant statutory planning documents. 5.1 Planning Act The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development applications are assessed. The development application is made in accordance with s.51 of the Act. 5.2 Referral Agencies and State Development Assessment Provisions Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) DA online mapping system has confirmed that there are no Matters of State interest relevant to the proposed development. 5.3 State Planning Policy The State Planning Policy (SPP) provides the legislative guidance with regard to the Queensland Government’s policies and matters of state interest for land use for the purposes of planning development. The SPP applies to development assessment should the local planning instrument (planning scheme) not appropriately integrate the SPP. Where there is any inconsistency with the planning scheme the SPP prevails. Part 2 of the Noosa Plan 2020 states that the “Planning Minister is satisfied that the State Planning Policy (SPP) dated July 2017 is appropriately integrated in the Noosa Council's planning scheme”. Therefore, assessment against the SPP is not required. 5.4 South East Queensland Regional Plan 2017 The South East Queensland Regional Plan 2017 (SEQRP) guides land use and development in the region. The subject land is located inside the Regional Landscape and Rural Production Area of the SEQRP (refer Figure 3 below). As detailed within this report above, the proposed development is consistent with the intent of the regional policies and desired outcomes for the SEQRP. Additionally, the planning and land use outcomes contained within the Regional Plan and the State Planning Policy applying to the land are generally reflected in the Noosa Plan 2020 in accordance the Planning Act 2016. RG Strategic Town Planning Report – Short-term Accommodation 7
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Figure 3: SEQ Regional Plan Land Use Category Map Source: DSDILGP DAMS RG Strategic Town Planning Report – Short-term Accommodation 8
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6. Noosa Council Planning Scheme Considerations
The subject site is located within the Rural Zone and the proposed Short-term Accommodation use
is subject to assessment under the Noosa Plan 2020. The following is a review of the proposed
development under the Noosa Plan 2020.
6.1 Land Use Definition
The Noosa Plan 2020 defines Short-term Accommodation as:
(a) means the use of premises for
(i) providing accommodation of less than three (3) consecutive months to tourists or
travellers; or
(ii) a manager’s residence, office, or recreation facilities for the exclusive use of guests,
if the use is ancillary to the use in subparagraph (i); but
(b) does not include a hotel, nature-based tourism, resort complex or tourist park
6.2 Zone
The Noosa Plan 2020 identifies the site within the Rural Zone.
6.3 Level of Assessment
Within Part 5 of the Noosa Plan 2020, Table 5.5.13 – Rural Zone prescribes that the proposed Short-
term Accommodation is subject to Code Assessment.
6.4 Local Plan
The subject site is located outside of a Local Plan Area.
6.5 Applicable Assessment Benchmarks
As identified in Section 6.3 of this report, the proposed Short-term Accommodation use is Code
Assessable within the Rural Zone. Having regard to the proposed use and location, this planning
assessment will focus on those codes which are of relevance. The following Development Codes
and Assessment Benchmarks are applicable to the proposed use:
• Rural Zone Code,
• Visitor Accommodation Code, and
• Works Codes.
To summarise the assessment of the proposed Short-term Accommodation use against the
relevant Assessment Benchmarks undertaken below; the proposal is consistent with the
abovementioned codes as:
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• The Short-term Accommodation use is an appropriate scale for the locality;
• The Short-term Accommodation use does not impact on the viability of rural land uses as
it is located in an existing dwelling;
• The Short-term Accommodation use is appropriately located and avoids conflicts with
nearby land uses which in turn maintains the landscape values and amenity of the locality;
and
• The existing dwelling does not adjoin any agricultural operations; and
• The Short-term Accommodation use within the existing dwelling ensures that the
character and environmental attributes of the site are maintained.
The proposed use aligns with the intent of the Noosa Plan 2020 to facilitate Short-term
Accommodation within the rural areas of the Shire, whilst maintaining the viability of rural activities
on the site or the surrounding area. Council’s Local Law for Short Stay Letting regulates the ongoing
operation of short stay letting and home hosted accommodation, and as such any perceived
impacts on permanent residents and guest safety will be managed through the requirements of Low
Local Legislation.
Rural Zone Code
The overall outcomes sought for the Rural Zone that are relevant to the proposed development are
as follows:
(b) provide for other uses and activities that are compatible with:
(i) existing and future rural uses and activities; and
(ii) the character and environmental features of the zone; and
(h) The establishment of outdoor recreation and small-scale tourism facilities in suitable
locations is facilitated in a manner that does not significantly compromise the rural
productivity or ecological values of the land.
(i) Visitor accommodation complements rural uses and promotes the sustainable use
of rural land.
(j) Houses or outbuildings may be available for short term guests where there is no
resultant changes to the rural amenity or rural production of the area.
The Short-term Accommodation use is proposed to be located in an existing dwelling that
complements the scale and bulk of rural development in the area. No additional structures or
changes to the existing facilities are required as part of the proposed use. The proposed use will not
compromise the ecological values of the land or have any impact on the rural productivity of the
surrounding lands.
The proposed Short-term Accommodation use allows for visitors to the region to experience and
enjoy the Noosa Hinterland. The hinterland communities of Cooroy, Tinbeerwah and Eumundi are
within proximity to the subject site. The use of the subject site for visitor accommodation will not
prejudice the outcome of the zone as there are still areas in the locality available for rural uses.
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As illustrated in Figure 4, the subject site nor adjoining properties are not identified as land which is
suitable for agricultural production and thus are not affected by the Agricultural Land Conservation
Area (ALCA) overlay. As such, the proposed Short-term Accommodation use does not compromise
the rural productivity values of the land or adjoining lands. The Short-term Accommodation use is
to be located in the existing dwelling and no changes to the land or existing structures are
proposed.
Figure 4: Agricultural Land Conservation Area Overlay
Source: Noosa Plan 2020 (Noosa Council Enterprise Mapping System)
Table 3 below is an assessment of the proposed Short-term Accommodation use against the
relevant assessment benchmarks contained within the Rural Zone Code.
Table 3: Assessment Against the Relevant Rural Zone Code Benchmarks
Performance Outcomes Acceptable Outcomes
PO1 No acceptable outcome provided.
Land uses in the Rural zone are limited to
those which are compatible with agriculture
and the protection of environmental and
landscape value
Complies
The proposed Short-term Accommodation use is compatible with the
Applicant’s Response locality’s agricultural and environmental landscape values. The use is
located within the existing dwelling and ensures that the character
and environmental attributes of the site are maintained. No changes
to the existing dwelling or associated structures are proposed.
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Performance Outcomes Acceptable Outcomes
PO2 AO2.1
Development does not result in the loss or Development that is incompatible with
diminished productive capacity of Agricultural agricultural activities is not located on
Land Conservation Area. Agricultural Land Conservation Area and an
adequate separation area between the
development and the Agricultural Land
Conservation Area is provided.
Complies
The proposed Short-term Accommodation use is not located on land
identified as containing ALCA as demonstrated in Figure 4. Adequate
Applicant’s Response separation is maintained between the proposed use and agricultural
activities due to the size of the subject allotment, and extended
distance between the existing dwelling and land identified as
containing the ALCA overlay (some 850 metres).
PO2 AO2.2
Development does not result in the loss or Where there is an overriding need for
diminished productive capacity of Agricultural incompatible development to be located on
Land Conservation Area. Agricultural Land Conservation Area, the
development does not have an irreversible
impact on the productive capacity of
Agricultural Land Conservation Area.
Complies
The proposed development does not result in the loss or diminished
productive capacity of Agricultural Land Conservation Area as the
Applicant’s Response
proposed Short-term Accommodation use is located within an
existing dwelling and is not on land affected by the ALCA overlay as
demonstrated in Figure 4.
PO2 AO2.3
Development does not result in the loss or Where located in the Agricultural Land
diminished productive capacity of Agricultural Conservation Area accommodation is of a
Land Conservation Area. temporary or semi-permanent nature (such as
tents, yurts, relocatable dwellings or
recreational vehicles) or it adaptively reuses
well-established rural buildings.
Complies
Applicant’s Response The proposed Short-term Accommodation use is to be located within
an existing dwelling on land which is not identified as containing ALCA.
PO2 AO2.4
Development does not result in the loss or No sensitive land use is established closer than
diminished productive capacity of Agricultural 200 metres from land on an adjacent property
Land Conservation Area. included in the Rural zone and mapped as
Agricultural Land Conservation Area as shown
in Agricultural Land Overlap Maps in schedule
2.
Complies
The Short-term Accommodation is not located within 200 metres of
Applicant’s Response land which is identified as containing ALCA. The existing dwelling is
located approximately 850 metres from land containing ALCA. Further,
the lands directly adjoining the subject site do not contain ALCA land
as identified in Figure 4.
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Performance Outcomes Acceptable Outcomes
PO3 AO3.1
With the exception of one dwelling house, Only the occupants of a dwelling house,
caretaker’s accommodation or a community compliant caretaker’s residence or community
residence, any accommodation activity is residence reside on the property for any
limited to use by short-term guests or period greater than three consecutive months.
seasonal workers employed in a rural activity or
on the same site or on adjoining premises.
Complies
The proposed use complies with the definition of Short-term
Applicant’s Response Accommodation which permits guests to live on site for up to three (3)
consecutive months. The dwelling in its current configuration can host
up to ten (10) visitors at one time.
AO3.2
PO3 In addition to residents of the dwelling house,
up to 10 people may reside on the site for
With the exception of one dwelling house,
periods of no more than six consecutive
caretaker’s accommodation or a community
months where they are:
residence, any accommodation activity is
a) employed in a rural activity on the
limited to use by short-term guests or
property; or
seasonal workers employed in a rural activity
b) a spouse or child of a person
on the same site or on adjoining premises.
employed in a rural activity on the
property.
Not Applicable
Applicant’s Response The proposal consists of the reuse of the existing dwelling for the
purpose of Short-term Accommodation. The accommodation activity
will be limited to short-term guests.
Performance Outcomes Acceptable Outcomes
PO4 No acceptable outcome provided.
Visitor accommodation:
a) is at a small scale and low density that
protects the environmental and rural
values of the land;
b) is compatible with rural activities and
nature conservation; and
c) does not detract from the rural
amenity of adjoining properties.
Complies
The proposed Short-term Accommodation use is of a scale that
protects the environmental and rural values of the land. The proposed
use does not impact on the viability of rural land uses as it is located in
Applicant’s Response
an existing dwelling.
The dwelling is appropriately sited as to not impact on the surrounding
land uses or the existing rural amenity and character of the locality, as
illustrated in the Site Plan enclosed within Appendix A.
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Performance Outcomes Acceptable Outcomes
PO9 No acceptable outcome provided
Development does not result in environmental
harm or environmental nuisance to sensitive
land uses.
Complies
The Short-term Accommodation use will not result in environmental
harm or nuisance as the proposed use is to be located in an existing
dwelling that complements the scale of the rural development in the
area.
Applicant’s Response
As demonstrated in the Site Plan (Appendix A), the subject site is
located on a large rural allotment and the existing house is well sited
from dwellings located on adjoining lands.
No additional structures or changes to the existing facilities are
required as part of the proposed use.
Performance Outcomes Acceptable Outcomes
PO10 AO10
Development does not compromise the safety, Safe vehicular access is provided to and from
capacity or operation of the road network. the site without adversely impacting on the
safety of the road network.
Complies
Safe vehicular access is provided to the site and proposed Short-term
Accommodation use as:
Applicant’s Response • The site can be safely accessed by visitors as Solar Road is a
well-maintained gravel road, and
• The location of the property’s vehicle crossover provides
sufficient sight lines for vehicles entering and existing the
premises.
Visitor Accommodation Code
The proposed Short-term Accommodation use has been assessed against the Visitor
Accommodation Code and is considered to comply with the intent of the Code’s Purpose and
Overall Outcomes. The design and siting of the existing dwelling minimises the potential for the
Short-term Accommodation to impact on the surrounding residents through the provision of
sufficient carparking, screening by vegetation, and remoteness of the house from the property
boundaries.
The subject site is located in proximity to four (4) of the trails identified as part of the Noosa Trial
Network as identified in Figure 5. The proposed Short-term Accommodation offer visitors to the
region an accommodation option which highlights the environmental, natural and scenic amenity
of Noosa’s hinterland regions.
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Figure 5: Noosa Trail Network
Source: Noosa Plan 2020 (Noosa Council Enterprise Mapping System)
The relevant Assessment Benchmarks prescribed by the Visitor Accommodation Code are detailed
in Table 4 below.
Table 4: Assessment Against the Relevant Visitor Accommodation Code Benchmarks
Performance Outcomes Acceptable Outcomes
PO1 AO1.1
Visitor accommodation is located such that it Visitor accommodation is not located within:
avoids conflicts with nearby land uses. a) 150 metres of land within the Low
impact industry zone;
b) 200 metres of land within the Medium
impact industry zone;
c) the designated separation area of a
Key Resource Area;
d) 250 metres of an intensive animal
industry, intensive horticulture use or
rural industry; or
e) 100 metres of agricultural operations
on adjoining premises.
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Complies
The proposed Short-term Accommodation use is appropriately
located and avoids conflicts with nearby land uses. The site is not
Applicant’s Response located within proximity to any Industry Zones, Key Resources Areas,
or intensive animal and agricultural operations.
Dense vegetation exists between the subject dwelling and the
neighbouring dwellings and provides visual and acoustic screening.
AO1.2
PO1
Visitor accommodation is not within 100 metres
Visitor accommodation is located such that it
of an educational establishment or childcare
avoids conflicts with nearby land uses.
centre.
Complies
Applicant’s Response The proposed Short-term Accommodation use is not located within
100 metres of an educational establishment or childcare centre.
Performance Outcomes Acceptable Outcomes
PO2 AO2.1
Development is located on a site with an area Within the urban boundaries, the site of a
sufficient to accommodate the use without tourist park has a minimum area of 8,000m².
detracting from the character and amenity of
the local area.
Not Applicable
Applicant’s Response The proposal consists of a Short-term Accommodation use located
within an existing detached dwelling located on land greater than
4ha.
PO2 AO2.2
Development is located on a site with an area In the Rural zone the site used for a tourist park
sufficient to accommodate the use without has a minimum area of 10 hectares.
detracting from the character and amenity of
the local area.
Not Applicable
Applicant’s Response The proposal consists of a Short-term Accommodation use located
within an existing detached dwelling located on land greater than
4ha.
PO2 AO2.3
Development is located on a site with an area In the Rural zone or Rural Residential zone the
sufficient to accommodate the use without site used for Nature-based tourism or short-
detracting from the character and amenity of term accommodation has a minimum area of 4
the local area. hectares.
Complies
Applicant’s Response
The proposed Short-term Accommodation use is located within an
existing detached dwelling located on land greater than 4ha.
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Performance Outcomes Acceptable Outcomes
PO3 No acceptable outcome provided
Development has a scale and density that is
compatible with the intent of the zone and the
preferred character for the local area in which
it is located.
Complies
The proposed Short-term Accommodation use is an appropriate
Applicant’s Response scale for the locality. The existing dwelling is appropriately located to
avoid conflicts with nearby land uses. The existing rural landscape
values and amenity of the locality will be maintained.
Performance Outcomes Acceptable Outcomes
PO4 AO4.1
Visitor accommodation is located such that it Accommodation adjacent to or within 50
preserves the safety of guests and does not metres of an existing electricity substation
impact on the function of infrastructure incorporates noise attenuation measures to
including: mitigate noise impacts.
a) the major road network;
b) the North Coast railway line;
c) existing and future electricity supply
infrastructure; and
d) water supply and waste water
treatment.
Complies
Applicant’s Response
The subject site is not located within 50 metres of an existing
electricity substation.
PO4 AO4.2
Visitor accommodation is located such that it Buildings and structures (including swimming
preserves the safety of guests and does not pools, sheds, tennis courts and outbuildings)
impact on the function of infrastructure are not constructed under overhead electricity
including: transmission lines, or within electricity
a) the major road network; easements.
b) the North Coast railway line;
c) existing and future electricity supply
infrastructure; and
d) water supply and waste water
treatment.
Complies
Applicant’s Response The existing dwelling and structures are not located under overhead
electricity transmission lines or within easements.
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PO4 AO4.3
Visitor accommodation is located such that it Accommodation
preserves the safety of guests and does not a) within a designated transport noise
impact on the function of infrastructure corridor; or
including: b) within 100 metres of an existing
a) the major road network; electricity substation—
b) the North Coast railway line; i. incorporates noise attenuation
c) existing and future electricity supply measures to mitigate noise
infrastructure; and impacts and;
d) water supply and waste water ii. guests are not accommodated in
treatment. lightweight shelters (such as tents,
yurts, recreational vehicles, or
relocatable dwellings).
Complies
The subject site is not located:
Applicant’s Response
• Within a designated transport noise corridor, or
• Within 100 metres of an existing electricity substation.
PO4 AO4.4
Visitor accommodation is located such that it Accommodation within a water catchment
preserves the safety of guests and does not area relies on minimal clearing of natural
impact on the function of infrastructure vegetation, earthworks, and movement of
including: sediments or nutrients from the site and any
a) the major road network; on-site disposal of effluent is to a secondary
b) the North Coast railway line; treatment standard.
c) existing and future electricity supply
infrastructure; and
d) water supply and waste water
treatment.
Complies
The subject site is located within a Water Resource Catchment area.
Applicant’s Response However, the applicant proposes to utilise the existing two storey
detached residential dwelling for Short-term Accommodation, and
no changes are proposed to the existing dwelling or land.
No further clearing of natural vegetation or earthworks are proposed.
PO4 AO4.5
Visitor accommodation is located such that it Accommodation does not occur within 400
preserves the safety of guests and does not metres of a sewerage treatment plant.
impact on the function of infrastructure
including:
e) the major road network;
f) the North Coast railway line;
g) existing and future electricity supply
infrastructure; and
water supply and waste water treatment.
Complies
Applicant’s Response The subject site is not located within 400 metres of a sewerage
treatment plant.
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Performance Outcomes Acceptable Outcomes
PO13 AO13.1
Visitor accommodation is provided with a level Visitor accommodation is:
of infrastructure and services that: a) connected to the reticulated sewer
a) is appropriate to its location and infrastructure network; or
setting; b) where not located in a sewered area,
b) maintains environmental and public the premises are connected to an
health; and onsite effluent treatment and disposal
c) is commensurate with the needs of system.
users.
Complies
Applicant’s Response The proposed Short-term Accommodation use will be located in the
existing dwelling which is connected to an onsite effluent treatment
and disposal system.
PO13 AO13.2
Visitor accommodation is provided with a level Visitor accommodation is:
of infrastructure and services that: a) connected to the reticulated water
d) is appropriate to its location and supply infrastructure network; or
setting; b) where reticulated water supply is not
e) maintains environmental and public available, provided with an alternative
health; and drinking water supply source (e.g.
is commensurate with the needs of users. rainwater) that complies with the
Australian Drinking Water Guidelines
(NHMRC,2011)
Complies
Applicant’s Response The proposed Short-term Accommodation use will be located in the
existing dwelling which is sufficiently serviced by the existing water
storage provisions on site.
Performance Outcomes Acceptable Outcomes
PO22 No acceptable outcome provided
Except where in the form of a serviced
apartment or hotel room the short term
accommodation use is provided with sufficient
kitchen, dining, laundry and common room
facilities to accommodate the needs of visitors
and resident staff.
Complies
The proposed Short-term Accommodation use will utilise the existing
Applicant’s Response
two storey detached dwelling which is fitted with the facilities too
accommodate the needs of the guest. Refer to the Site and Floor Plans
enclosed within Appendix A.
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Performance Outcomes Acceptable Outcomes
PO24 AO24.1
Development facilitates the security of people Walkways, car parks and publicly accessible
and property having regard to: facilities, including toilets, and bicycle racks
a) opportunities for casual surveillance are located and designed to allow casual
and sight lines; surveillance by other persons.
b) exterior building design that promotes
safety;
c) adequate lighting;
d) appropriate signage and wayfinding;
and
e) building entrances, loading and
storage areas that are well lit and
lockable after hours.
Not Applicable
The applicant proposes to utilise the existing two storey detached
Applicant’s Response residential dwelling for Short-term Accommodation. The entire
dwelling is available for use by the guests only and is not open to the
public.
PO24 AO24.2
Development facilitates the security of people Pathways allow clear sightlines in all directions.
and property having regard to:
f) opportunities for casual surveillance
and sight lines;
g) exterior building design that promotes
safety;
h) adequate lighting;
i) appropriate signage and wayfinding;
and
building entrances, loading and storage areas
that are well lit and lockable after hours.
Not Applicable
The proposal includes the reuse of the existing dwelling on site for the
Applicant’s Response purpose of Short-term Accommodation. The subject site is a large
rural allotment located in the Cooroy Hinterland. The site is for available
for use by guests only.
PO24 AO24.3
Development facilitates the security of people Adequate lighting is provided to building
and property having regard to: entrances, car parks and pedestrian routes.
j) opportunities for casual surveillance
and sight lines;
k) exterior building design that promotes
safety;
l) adequate lighting;
m) appropriate signage and wayfinding;
and
building entrances, loading and storage areas
that are well lit and lockable after hours.
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Not Applicable
The applicant proposes to utilise the existing two storey detached
Applicant’s Response residential dwelling for Short-term Accommodation. The entire
dwelling is available for use by the guests only and is not open to the
public. Adequate lighting appropriate for the use and rural setting is
provided.
PO24 AO24.4
Development facilitates the security of people
The property, including service areas can be
and property having regard to:
secured at night time.
n) opportunities for casual surveillance
and sight lines;
o) exterior building design that promotes
safety;
p) adequate lighting;
q) appropriate signage and wayfinding;
and
building entrances, loading and storage areas
that are well lit and lockable after hours.
Not Applicable
Applicant’s Response The proposal includes the reuse of the existing dwelling on site for the
purpose of Short-term Accommodation. All service equipment are
located within or adjacent to the dwelling.
Performance Outcomes Acceptable Outcomes
PO25 No acceptable outcome provided
Short term accommodation in a single dwelling
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:
a) the privacy of residents on the subject
property or adjoining properties;
b) any likely increase in noise to adjoining
properties;
c) the scale of the use and its
compatibility with the character and
uses within the property or surrounding
area;
d) retention of the primary residential
function of an area;
e) the impact on the safety and efficiency
of the local road network;
f) the impact of waste storage areas on
the visual amenity of the area or
sensitive land uses; and
g) any impact on shared vehicular access
or parking.
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Complies
The residential rural amenity enjoyed by the neighbouring properties
will not be impacted upon by the proposed Short-term
Accommodation use for the following reasons:
• The existing dwelling is appropriately sited to preserve guests’
and adjoining residents’ privacy with the nearest residential
dwellings located approximately 145 metres from the existing
dwelling.
• Dense vegetation exists between the subject dwelling and the
neighbouring dwellings and provides visual and acoustic
screening.
• The pool, fire pit and covered decks (private open spaces) of
Applicant’s Response the subject dwelling overlook the property and are oriented
away from the surrounding uses.
• The scale of the existing dwelling is one that is compatible and
comparable to those dwellings located within the locality.
• The proposed use does not have any impact on the primary
function of the site, being a residential dwelling. No changes to
the existing dwelling or property are proposed, and are not
required in order to facilitate the Short-term Accommodation
use of the site.
• Guest numbers will be limited to 10 and as such the use will have
no greater impact on the current waste service facilities as
experienced by the residential dwelling if occupied by
permanent guests.
Works Codes
These codes largely relate to the provision of services and infrastructure associated with the
proposed development of the subject land. The subject site currently has access to an appropriate
level of infrastructure for its existing rural residential use. The proposal complies with the
requirements of the Driveways and Parking Code as the existing dwelling has sufficient covered and
uncovered parking spaces for the use of residents and visitors alike.
6.6 Applicable Overlay Codes
Noosa Council’s Enterprise Mapping System identifies the site as being affected by the Landslide
Hazard Overlay, Biodiversity Overlay, and Regional Water Infrastructure Overlay. Whilst these
overlays exist on the site, due to nature of the proposed development utilising the existing dwelling
with no changes proposed (to the dwelling or site in general); the assessment of the proposed
development against the overlay codes in not relevant nor required.
6.7 Planning Scheme Polices
No planning scheme policies are of relevance to the proposed Short-term Accommodation use
located within an existing detached dwelling located on a large rural allotment.
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7. Discretionary Matters
As identified within Section 6.3 of this report, the proposed development is prescribed under the
Noosa Plan 2020, Table 5.5.13 – Rural Zone as being subject to Code Assessment. Under s60(2) of
the Planning Act 2016, Council as the Assessment Manager –
(a) must decide to approve the application to the extent the development complies with
all of the assessment benchmarks for the development.
The Noosa Plan 2020 prescribes under Part 5.3.3.4 that –
Code assessable development –
(a) is to be assessed against all the assessment benchmarks identified in the assessment
benchmarks column;
Code assessable development –
(c) that complies with the performance or acceptable outcomes complies with the purpose
and overall outcomes of the code;
Tables 3 and 4 of Section 5 of this report provide an assessment of the proposed development
against the relevant assessment benchmarks. As demonstrated, the proposed development
complies with the relevant assessment benchmarks and thus under the s.60(2) of the Planning Act
2016, Council as the Assessment Manager are to approve the application.
Were Council as the Assessment Manager to make the decision to refuse this development
application, this action has the potential to place the community at financial risk regarding the
following matters:
• Refusing Short-term Accommodation applications in a Rural Zone even though it is a
consistent use and sufficient grounds for support. Therefore, defending refusal decisions in
appeal can place pressure on Council’s financial resources and potentially negatively
impact on the delivery of services to the community.
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8. Conclusions
The proposed Material Change of Use on land at 132 Solar Road, Cooroy Mountain QLD 4563 has
been assessed against the requirements of the Local and State Statutory Planning Requirements.
This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020, and the proposed development can be supported
on a number of grounds, including:
• The development application has been made in accordance with the requirements of both
the Planning Act 2016 and the Development Assessment Rules 2017;
• The strategic framework and outcomes identify the importance of tourism in Noosa Shire
and are supportive of ensuring amenity of both visitors and permanent residents are
maintained;
• As the development application clearly demonstrates the compliance with both the
Performance and Acceptable Outcomes of the Codes application for S Short-term
Accommodation use within the Rural Zone;
• The Short-term Accommodation use is proposed to be located in an existing dwelling and
no additional structures or changes to the existing facilities are required as part of the
proposed use;
• The proposed use will not compromise the ecological values of the land, or have any
impact on the rural productivity of the surrounding lands;
• Sufficient carparking is available on site and supports the proposed use;
• The dwelling is located on a large parcel of rural land surrounded and screened by mature,
dense vegetation;
• The dwelling and associated facilities (pool, covered decks and firepit) are appropriated
located away from the adjoining rural allotments; and
• The property is fully fenced and landscaped.
On the basis of the above assessment, it is recommended that Noosa Council approve the
proposed Material Change of Use, subject to reasonable and relevant conditions. We look forward
to Council processing the application at its earliest convenience.
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a G STRATEGIC STRATEGIC SOLUTIONS, CREATIVE THINKING rgstrategic.com.au