2022-10-24 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                               24 OCTOBER 2022


to the number of guests accommodated at any one time, the restriction on outdoor areas to not be
used after 9pm each night, sealing the shared access driveway and supplying potable water to the
dwelling.
At the time the application was publicly notified 2 properly made submissions were received. The
submitters were primarily concerned with stormwater discharge to adjoining properties, unsafe
vehicle movement along Sunrise Road and the use and deterioration of the shared access
driveway.
2.   ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 5
The total number of guests accommodated at any one time must not exceed eight (8).
Applicant’s Representation
The Floor Plan, prepared by RG Strategic and dated 14/4/2022, revision 01, details the dwelling
and the 4 x existing bedrooms. The Floor Plan details that the dwelling accommodated 10 x guests
at a time. The Floor Plan is approved by Council under Condition 2 of the Decision Notice.
It is proposed that Condition 5 be amended to be consistent with the approved plans.
Assessment of Representation
It is noted that within the original submitted application material the applicant advised that a
maximum of 4 bedrooms and 8 guests would be accommodated, which differs to the 5 beds and
10 guests indicated on the approved plans. As the proposal does not include any changes to the
existing dwelling house and will not change the number of bedrooms available for guests, it is
considered reasonable to amend condition 5 to reflect the number of beds in the approved plans
as follows:
5.   The total number of guests accommodated at any one time must not exceed ten (10).


Condition 6
All outdoor areas, including balconies, decks, pools and the like, must not be used after 9pm each
night.
Applicant’s Representation
To limit the use of the outdoor areas to 9:00PM is restrictive and unreasonable considering:
•    The dwelling and associated pool, balconies and decks are orientated to the North-east and
     overlook the property’s bush as illustrated in the below photographs. As such, any potential
     associated noise with the use of the outdoor areas is directed away from the neighbouring
     properties;
•    The subject site is a large rural residential allotment, and the outdoor areas and pool are
     densely screened by vegetation which provides a significant buffer between the neighbouring
     properties;
•    The 9:00PM curfew unfairly restricts the guest’s ability to experience the scenic rural amenity
     and the sub-tropical climate unique to the Noosa hinterland; and
•    A similar approval by Noosa Council has conditioned the outdoor areas to be used by guests
     until 10:00PM (MCU22/0006).




                                                                                   Page 33 of 113