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planning report duke St v2
Development Application
Planning Report
Other Change to MCU15/0069
for Short Term Accommodation and Dual Occupancy
situated at 1/39 Duke St, Sunshine Beach
(Lot 1 SP297616)
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................ 3
1.2 Planning instrument details ....................................................................................................... 3
1.3 Referral agencies........................................................................................................................ 3
2.0 Site details ......................................................................................................................... 4
2.1 Site description .......................................................................................................................... 4
2.2 Surrounding land uses ................................................................................................................ 5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 7
4.1 Other Change Assessment .......................................................................................................... 7
4.2 Coastal Communities Local Plan Code ........................................................................................ 7
4.3 High Density Residential Zone Code ........................................................................................... 7
4.4 Visitor Accommodation Code ..................................................................................................... 8
5.0 State assessment and other matters .................................................................................. 9
5.1 State interests ............................................................................................................................ 9
5.1.1 Matters established in the Planning Regulation .............................................................................. 9
5.1.2 State Planning Policy ........................................................................................................................ 9
6.0 Conclusion ......................................................................................................................... 9
Client Name: Adriana and Mark Macdonald
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 2
Date: 17 March 2021
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Short Term Accommodation
Type of approval sought: Other Change to Existing Approval
Site address: 1/39 Duke St, Sunshine Beach
Real property description: Lot 1 SP297616
Site area: 269m2
Assessment manager: Noosa Council
Owner details: Adriana Mcdonald
Applicant details: Adriana and Mark Mcdonald c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy 2017
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014), urban footprint designation.
Planning scheme: The Noosa Plan 2020
Zone: High Density Residential zone
Level of assessment: Impact
Applicable overlays: Nil
Applicable codes: Coastal Communities Local Plan Code
High Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Code
Visitor Accommodation Code
Works codes
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use Existing duplex
Frontage and 15m to Duke St and existing parking under the building
access
Topography and The site slopes from west to east with views to the ocean and village.
views
Existing Approval MCU15/0069 – Duplex
Figure 1: Aerial view and site identification
Source: DA Mapping System
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses Photos
North Existing 3-unit
development
(Existing Approval
prior to NP2006 and
can be used as Short
Term Accommodation)
(Mykanos)
37 Duke St
South Existing unit
development
(Existing Approval
prior to NP2006 and
can be used as Short
Term Accommodation)
(Sunshine Vista)
43 Duke St
East Commercial shops and
offices within the Tourist
Accommodation zone
18 Douglas St
West Existing units
(Existing Approval
prior to NP2006 and
can be used as Short
Term Accommodation)
(Trieste)
33 Elanda St
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3.0 Proposed development details
Table 3: Summary of development aspects
Material change of use (No changes to built form)
Bedrooms 3 beds
Gross floor area (GFA) 211m2
Car parking Double garage + 2 visitors
The application proposes to use the existing unit 1 on the first level for short term accommodation.
No changes are proposed to the existing unit, with a copy of the existing approved building included
below:
Figure 2: Proposal render plan
Source: DA Mapping System
The following features relating to the management of the short-term accommodation are proposed:
- Maximum of 6 guests only within the three bedrooms.
- A local property manager (Aspire/Sunshine Beach Accommodation/Noosa Luxury Holidays) will
oversee the letting, management and maintenance.
- A code of conduct is to be developed for all guests.
- A local contact person must respond to complaints within 30 minutes of notification.
- The double garage and guest parking will be made available.
- No parties or events are to occur on the premises.
- Restrict the use of outdoor areas after 9pm.
- No parties or events.
A copy of the current booking advertisement is included below:
Figure 3: Short term accommodation advertisement
Source: https://www.sunshinebeachaccommodation.com.au/listings/1-39-duke-street-sunshine-beach/
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4.0 Planning assessment
4.1 Other Change Assessment
A Change other than a minor change under the Planning Act 2016, allows for a change that may
result in substantially different development. Section 82(4) of the Planning Act 2016 prescribes the
matters for assessing the deciding the change application in the context of the existing development
approval.
The following assessment considers the applicable matters in the context of an existing approval for
a duplex, and the change to incorporate short term accommodation in Unit 1.
4.2 Coastal Communities Local Plan Code
The Overall Outcomes of the local plan code seeks for development in Sunshine Beach to provide
for a high proportion of multi-unit accommodation for both visitors and residents. The development
provides for visitor accommodation opposite the Sunshine Beach Village shops and existing visitor
accommodation units, consistent with Performance Outcome 14 and 15 of the Local Plan Code.
4.3 High Density Residential Zone Code
Performance Outcome O3 describes specifically about Short Term Accommodation and is
reproduced below:
PO3 Land uses including short-term accommodation are limited to those which are compatible with high
density living in urban neighbourhoods and do not cause unreasonable loss of 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 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 or sensitive land uses;
h) the location of the waste storage in relation to sensitive land uses; and
i) any impact on shared vehicular access or parking.
The site is immediately surrounded with existing three storey short term accommodation units and
is compatible with the character of the Sunshine Beach village. The unit is not proposed to be Not a
party house and stringent management will control the short-term use to ensure the privacy of
permanent residents in the High-Density Residential zone.
The design of the dwelling unit locates the main living and outdoor dining areas to the north east
overlooking the Sunshine Beach commercial village and is not considered to impact on the
functioning or amenity of these uses. The shared common areas (including pool, carparking, lift,
stairs and outdoor common areas) are to be managed to ensure the residential amenity is maintained
for unit 2. Specific requirements are to be built in to a ‘code of conduct’ and provided to all users and
occupants to regulate amenity, waste, vehicles, guests and pets.
In accordance with recent approvals for Short Term Accommodation in the Sunshine Beach area
the unit will ensure a local contact person responds to complaints within 30 minutes and a record is
kept of all complaints and their resolution.
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4.4 Visitor Accommodation Code
The specific Purpose and Overall Outcomes are reproduced below:
(1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation is appropriately
located, designed and operated in a manner which meets visitor needs, protects and enhances
landscape values, protects the amenity of surrounding premises and avoids conflicts with surrounding
uses.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s natural
environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in coastal areas
and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively responds to
site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity and natural
landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or landscape
fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract from the amenity
enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to carry out
agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities commensurate with
its setting, the types of accommodation supplied and the length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
The site is located within a predominantly short-term accommodation area, and is more than 100m
from any educational or childcare centres, and is not considered to conflict with nearby land uses.
Sufficient carparking is also provided to accommodate up to 6 people within the double garage and
2 guest visitor spaces.
The unit also includes high end finishes with dining, kitchen and laundry facilities to accommodate
the needs of visitors in an appropriate location close to beaches and shops, consistent with the
Outcomes of the code.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil – Outside the Koala Assessable Development Area.
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not affected by the provisions.
6.0 Conclusion
This application seeks an Other Change for Short Term Accommodation situated at 1/39 Duke St,
Sunshine Beach. The proposal is a consistent impact assessable development within the High
Density Residential Housing Zone.
In accordance with S45 of The Planning Act 2016 an Impact assessable application must be
assessed against the assessment benchmarks (Noosa Plan), and other relevant matters (i.e.
planning need, changed circumstances).
The assessment finds the proposal meets the relevant Acceptable and Performance Outcomes of
The Noosa Plan, and the consistent use does not require an assessment against other relevant
matters. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.
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