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MCU STA - 132 Solar Road - Planning Report

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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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Page 2

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.




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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




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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.




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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.




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Figure 3: SEQ Regional Plan Land Use Category Map
Source: DSDILGP DAMS




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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.
RG Strategic                    Town Planning Report – Short-term Accommodation                     22

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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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