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Planning report 2020 other change
proposal report
development application
Development Permit for an Other change to Development Approval
MCU16/0138.02 for Short Term Accommodation
over Lots 1 and 0 on SP308427 and located at Unit 1/113 Gympie Terrace,
Noosaville
Prepared For: Matthew William Daniels
Date: May 2021
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proposal report
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T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440
© Martoo Consulting Pty Ltd 2017
The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
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Contents
1.0 Summary ......................................................................................................................... 4
1.1 Development application details ............................................................................................. 4
1.2 Planning instrument details ..................................................................................................... 4
1.3 Referral agencies ..................................................................................................................... 4
2.0 Site details ....................................................................................................................... 5
2.1 Site description ....................................................................................................................... 5
2.2 Surrounding land uses ............................................................................................................. 6
3.0 Proposed development details ......................................................................................... 7
4.0 Development assessment ................................................................................................ 8
4.1 Other Change……………………………………………………………………………………..…………………………………….…8
4.2 Noosa Plan……………………………………………………………………………………………………………………………….… 8
5.0 State assessment and other matters .............................................................................. 12
5.1 State interests ....................................................................................................................... 12
6.0 Conclusion .................................................................................................................... 13
7.0 Appendices ................................................................................................................... 14
Appendix A Proposal Plans
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1.0 Summary
1.1 Development application details
Proposed development: Duplex Dwelling and Short Term Accommodation
Type of approval sought: Other Change to Development Permit MCU16/0138.02
Site address: Unit 1/113 Gympie Terrace, Noosaville
Real property description: Lots 0 and 1 on SP308427
Site area: 615m2 total site
Assessment manager: Noosa Council
Owner details: Mr Sharmalar Rajendran
Applicant details: Mr Matthew William Daniels
1.2 Planning instrument details
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
2014)
Designation: Urban Footprint
Planning scheme: Noosa Plan 2020
Zone: Medium Density Residential zone
Local plan: Noosaville Local Plan
Level of assessment: Impact
Applicable overlays: Nil
Applicable codes: The Noosa Plan 2020
1.3 Referral agencies
There are no applicable referral agencies for the proposal.
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2.0 Site details
2.1 Site description
The subject site comprises a rectangular parcel of land located at 113 Gympie Terrace, Noosaville
and is described as Lots 0 and 1 on SP308427 (to be known as the site). The site currently
contains an established duplex dwelling that was approved by Council and constructed in
accordance with Councils development permit MCU 16/0138.02 which approved 2 duplex
developments on either side of a central driveway.
The subject site is serviced by standard community infrastructure including reticulated water supply
and sewerage, underground telecommunications and overhead electricity supply, bitumen
roadways and kerb and channel.
The site has a registered easement over the driveway that services the two duplex dwellings.
Table 1: Site description
Site Description
characteristic
Existing land use Two storey residential duplex
Existing structures Two storey unit
Frontage and 15.3 m frontage to Gympie Terrace.
access
Topography and Site slopes upwards from Gympie Terrace.
views
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Figure 1: Aerial view and site identification Source: Noosa Council
2.2 Surrounding land uses
The site is located in a residential area that is characterised by unit developments which are used
for both visitor and permanent accommodation.
Table 2: Surrounding land uses
Surrounding land uses
North Opposite the site Two storey unit complex known as Regency Waterfront
East Two storey duplex dwelling
West Two storey duplex dwelling
South Two storey unit complex (5 units) known as Aqua-marine
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3.0 Proposed development details
The duplex development was constructed in accordance with MCU16/0138 & OPW16/0257 which
was approved by Council in May 2017. The applicant now seeks approval to utilise Unit 1 for
permanent or short term accommodation. No changes are proposed to the approved building with
all parts of Unit 1 to be available for the proposed use.
The applicant advises that when used for short term accommodation:
They will utilise a local property manager to oversee letting, management and maintenance
of the premises.
They will prepare a code of conduct and management agreement for all guests utilising the
premises for short term accommodation.
All guests will be required to sign the agreement and terms of rental.
The double garage will be available for carparking for guests.
Designated bin areas will be provided on site.
No events, weddings, parties or the like are to occur on the premises.
In support of the proposal the following is noted:
No external changes are proposed to the existing building.
The pool area and associated terrace area are screened by a 1.8m high fence and are
located adjacent to the Gympie Terrace Street frontage.
The property is proposed to be fully fenced and landscaped.
The adjoining premises to the east and west comprise unit developments.
Premises opposite the site are used for holiday accommodation.
The site is close proximity to the recreation areas of the Noosa River foreshore..
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4.0 Development Assessment
4.1 Other Change
Discussions with Council staff indicate that the proposed changes are considered to be an Other
Change. The Planning Act states that the local authority is to consider the following in assessing
and deciding other change applications:
82(2) For administering the change application, and assessing and deciding the change
application in the context of the development approval, the relevant provisions apply—
(a) as if—
(i) the responsible entity were the assessment manager; and
(ii) the change application were the original development application, with the changes
included, but was made when the change application was made; and
(b) with necessary changes
The proposed other change is assessed against the current Noosa Plan 2020 below.
4.2 Noosa Plan
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
The Noosa Plan includes the site in the Noosaville Local Plan and provides the site with a Medium
Density Residential zoning. The assessment table for the zone indicates that Short Term
Accommodation uses are impact assessable. Impact assessable applications are required to be
assessed against the entire scheme however, the most relevant Codes for assessment include:
Noosaville Local Plan Code
Medium Density Residential Zone Code
Visitor Accommodation Code
Works Code
Noosaville Local Plan Code
The proposal has been reviewed against the Noosaville Local Plan Code and is considered to
comply with the Purpose and Overall Outcomes of the Code which include:
(f)The Noosaville local plan area maintains its roles for both the provision of much of the
commercial, retail, administrative, industrial and social needs of the coastal urban portion of
Noosa Shire and as a major focus area for visitor accommodation and services.
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The use of the existing unit for short term accommodation provides visitor accommodation for the
area.
Medium Density Residential Zone Code
The proposal has been reviewed against the Medium Density Residential Zone Code and is
considered to comply with the Purpose and Overall Outcomes of the Code which include:
(b) The character of medium density residential neighbourhoods varies due to factors such as
proximity to beaches, the Noosa River, recreation spaces, centres, topography, availability
of views, the established vegetated character, the presence of visitor accommodation and
the age of development.
(c) Development makes a positive contribution to the look and feel of residential
neighbourhoods by maintaining a low scale character with well designed buildings and
landscaping that enhance the streetscape.
(d) New uses are located, designed and managed to be compatible with surrounding uses.
The short term accommodation use is proposed to be located in an approved two storey duplex dwelling
that complements the scale of development in the area.
It is noted that the outcomes of the zone also state:
a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
The subject site is in an area that comprises unit developments that are used for both permanent and
visitor accommodation. The use of the site for short term accommodation provides an alternative form of
accommodation for the area and is consistent with the intent of the zone.
The use of the subject site for visitor accommodation is not considered to prejudice the outcome of the
zone as there are still areas in the locality available for permanent accommodation within the area.
A review of the most relevant sections of the code is detailed below:
Performance Outcomes Acceptable Outcomes Proposal Compliance
PO6 AO6.1
Visitor accommodation is limited Home-based businesses allow for up to Not applicable – not a traditional bed and breakfast - host not on
to formats compatible with the four short term guests to be
site.
character and use of the area so as accommodated within the home of the
not to cause unreasonable loss of host while the host remains in residence,
residential amenity, having regard such as traditional bed and breakfast
to: accommodation.
a) the privacy of residents AO6.2 Not a party house. Premises to be used for holiday rental and not
on the subject property or Short-term accommodation does not: to be rented out for parties. Dwelling unit comprises 3
adjoining properties; a) constitute a party house; bedrooms and one kitchen area.
b) any likely increase in b) create noise that would
noise to adjoining properties; unreasonably impact on the
The existing pool area and terrace area is located at the front of
c) the scale of the use and residential amenity enjoyed by the
adjoining or surrounding properties. the site adjacent to Gympie Terrace away from noise sensitive
its compatibility with the
character and uses within the areas of adjoining site as illustrated by the photograph below.
property or surrounding area;
d) retention of the
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primary residential function of
an area;
e) the residential function
and arrangement of common
property;
f) the impact on the
safety and efficiency of the
local road network;
g) the impact of waste
storage areas on the visual
amenity of the area; O6.3
h) the location of waste Buildings are designed and orientated so Refer above.
storage areas in relation to that the majority of outdoor living areas
sensitive land uses; and face away from the habitable areas of
i) any impact on shared adjoining dwellings.
vehicular access or parking
AO6.4
Waste storage areas are screened and Bin area located at rear of site.
located to the rear or side of
a building and are not located along
any frontage to a public street or space.
Visitor Accommodation Code
The proposal has been reviewed against the Visitor Accommodation Code with the relevant
Performance Outcomes addressed below:
Performance Outcomes Acceptable Outcomes Proposal Compliance
PO1 AO1.1 Proposed short term accommodation located in an existing
Visitor accommodation is Visitor accommodation is not located approved duplex dwelling and is well away from listed zones and
located such that it avoids within: uses.
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.
Editor’s Note— Key Resource Areas and
separation areas are shown on the Extractive
Resources Overlay Map
AO1.2
Visitor accommodation is not within 100
metres of an educational
establishment or childcare centre.
PO3 Proposed short term accommodation located in an existing
Development has a scale and No acceptable outcome provided approved duplex dwelling which is of scale and density consistent
density that is compatible with with preferred character of the Noosaville area in which it is
the intent of the zone and the
located.
preferred character for the local
area in which it is located.
PO4 AO4.1 Not applicable
Visitor accommodation is Accommodation adjacent to or within 50
located such that it preserves metres of an existing
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the safety of guests and does electricity substation incorporates noise
not impact on the function of attenuation measures to mitigate noise
infrastructure including: impacts.
Not applicable
a) the major road network; AO4.2
b) the North Coast railway Buildings and structures (including
line; swimming pools, sheds, tennis courts and
c) existing and future outbuildings) are not constructed under
electricity supply overhead electricity transmission lines, or
infrastructure; and within electricity easements.
d) water supply and waste
water treatment. AO4.3 Not applicable
Accommodation
a) within a designated transport noise
corridor; or
b) within 100 metres of an existing
electricity substation—
I. incorporates noise
attenuation
measures to
mitigate noise
impacts and;
II. guests are not
accommodated in
lightweight shelters
(such as tents, yurts,
recreational
vehicles, or
relocatable
dwellings).
Editor’s Note— The State Planning Policy
Interactive Mapping System can be used to
find out if a property is located in a
designated transport noise corridor or
close to electricity infrastructure.
AO4.4 Not applicable
Accommodation within a water catchment
area relies on minimal clearing of
natural vegetation, earthworks, and
movement of sediments or nutrients from
the site and any on-site disposal of effluent
is to a secondary treatment standard.
Editor’s Note— The water supply buffer
area is shown on the Regional
Infrastructure Overlay Maps.
AO4.5 Complies
Accommodation does not occur within 400
metres of a sewerage treatment plant.
PO22 No acceptable outcome provided Complies – Unit is self contained.
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.
PO25 No acceptable outcome provided Not applicable as not a single dwelling.
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
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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.
Driveways and Carparking Code
The Planning scheme details the following carparking requirements for short term accommodation:
dwellings—
ii) if not a small dwelling— two spaces; and
iii) one space per four dwellings.
The proposal provides a total of two spaces in the form of a double garage constructed in
accordance with the original approval plus a visitor space is available for use by visitors to the site.
5.0 State assessment and other matters
5.1 State interests
The proposal is for an urban activity within the Urban Footprint, and is located outside the Koala
Assessable Development Area. The proposal is compliant with the relevant State Regulatory
Planning Provisions.
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6.0 Conclusion
The above development application has been submitted to the Noosa Council as the Assessment
Manager of the application under the Planning Act 2016. This application seeks an Other Change
to the Development Permit for a Material Change of Use of Premises to enable the premises to be
used for permanent and for Short Term Accommodation.
This application can be supported on a number of grounds as provided in detail in the above
report. These grounds include:
The Noosaville Local Plan Area details Noosaville as a major focus for visitor
accommodation.
The site is located in an area that contains a mix of visitor and permanent
accommodation;
The outdoor living area of the unit is located at the front of the site away from noise
sensitive areas on adjoining sites;
Carparking is available on site that supports the development;
The surrounding land uses and roadways to the site and the characteristics of the
locality support the use of the site for short term accommodation.
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7.0 Appendices
Appendix A - Proposal plans
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