Council Report MCU20 0119

MCU20/0119 - application for MATERIAL CHANGE OF USE for short term accommodation at 1/20 nannygai street, noosaville

Document information

Author	Development Planner, Tara Norley
Environment and Sustainable Development Department

Index	ECM /Application/MCU20/0119

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Troy and Jessica Townsend C/ Martoo Consulting
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	26 October 2020
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	19 March 2021
Number of Submissions	Six properly made submissions

PROPERTY DETAILS
Property Address	1/20 Nannygai Street, Noosaville Qld 4566
RP Description	Lot 1 on SP297618
Land Area	296m²
Existing Use of Land	One dwelling unit of a dual occupancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils (Area 2 – 5 metres AHD or below) Flood Hazard
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 March 2021 regarding Application No. MCU20/0119 for a Development Permit for Material Change of Use - Short-term accommodation situated at 1/20 Nannygai Street, Noosaville and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
18010 03 of 14	DA-02	Proposed Site Plan, prepared by Mercury Design	12.03.2018
18010 04 of 14	V2	Ground Floor Plan, prepared by Mercury Design	02.02.2021
18010 05 of 14	DA-02	First Floor Plan, prepared by Mercury Design	12.03.2018
18010 07 of 14	DA-02	Elevations (west), prepared by Mercury Design	12.03.2018
18010 08 of 14	DA-02	Elevations (east), prepared by Mercury Design	12.03.2018
18010 09 of 14	DA-02	Elevations (north and south), prepared by Mercury Design	12.03.2018
18010 10 of 14	DA-02	Sections, prepared by Mercury Design	12.03.2018
Currency
This development approval lapses if the use has not happened by 18 March 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The total number of bedrooms on the site must not exceed 4.
No more than 8 guests may occupy the premises at any time.
All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm each night.
The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
Built Form
The existing media room on the Ground Floor must be converted back to ‘bike parking’ only, as per approved plan Ground Floor Plan, prepared by Mercury Design (18010 - 04 of 14 – V2) dated 2 February 2021.
Amenity
The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short-term accommodation.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Waste containers must:
At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container.
Contact Person
Prior to the commencement of the use written confirmation must be provided to Council confirming:
the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
that the contact person is available 24 hours a day, 7 days a week; and
that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and
that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries.
A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
A code of conduct must be developed and provided to all users and occupants of the short-term accommodation, including any website or social media used to promote the use of the premises for short-term accommodation.
The code of conduct must advise all users of the premises:
That the use of the premises must not:
detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or
cause a nuisance (including a noise nuisance);
display unacceptable behavior including:
loud aggressive behaviour;
yelling, screaming, arguing; or
excessively loud cheering, clapping and singing.
create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise).
That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility.
That each vehicle used by an user of the premises must:
be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
be parked within the parking facilities at the premises where provided.
That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container.
That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
The nature and extent of the approved use as detailed in conditions numbers 4 to 7 of this development approval.
The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
The contact person must respond to all complaints within 30 minutes of notification of a complaint.
The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following:
on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis:
the number of adults who are users of the premises; and
the number of minors, an individual who is under 18, who are users of the premises.
the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended.
The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
the written record of complaints referred to in condition 18; and
the register referred to in condition 20.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the window located on the upper level northern building face must either:
be fitted with translucent glazing; or
be fitted with a fixed external screen.
The ‘Alfresco’ balcony located to the rear of the Ground Floor must include fixed external screens on the northern side of the balcony, positioned in such a way to obscure direct views into the windows or private open space areas of adjoining properties to the west.
C.	Request the Chief Executive Officer carry out a Final Inspection to ensure compliance with the Conditions of approval for both MCU18/0003 and MCU20/0119.
D.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant proposes to utilise an existing 4 bedroom, two storey dwelling unit for short-term accommodation. The dwelling unit is within an existing dual occupancy. All parts of the dwelling unit will be available for the proposed use, including a two car garage and pool.
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.
The two car garage and associated driveway will be available for carparking for guests.
No events, weddings, parties or the like are to occur on the premises.
A maximum of 8 guests permitted to stay.
It is noted that the dwelling unit has not been constructed in accordance with the exiting approved plans for the dual occupancy, with the Ground Floor ‘bike parking’ area being converted to a Media Room, accessible internally and not the garage as originally designed. The unapproved changes to the dwelling unit has resulted in the development being in excess of the allowable plot ratio under both the Noosa Plan 2006 (under which the previous application was approved) and Noosa Plan 2020, which is not supported. As such, minor internal building works will be required to convert the Media Room back to bike parking, accessible from the garage only, in order to comply with planning scheme requirements.
A copy of the proposal plans are included as Attachment 1.
The subject site and surrounding locality are detailed in the following aerial photographs:

Figure 1: Subject site

Figure 2: Locality Plan

Figure 3:  1/20 Nannygai Street (subject site)

Figure 4: Ground floor plans (subject site in yellow)

Figure 5: First floor plans (subject site in yellow)
site details
Background
A development application for Multiple Housing Type 2 – Duplex (MCU18/0003) was approved on 6 April 2018 for two 4 bedroom dwelling units. Each dwelling unit has a similar internal configuration including 4 bedrooms upstairs and living areas downstairs. Each dwelling includes a double garage and pool/recreational areas to the rear. The external appearance of each dwelling unit is substantially different, through the incorporation of an alternative roof form, building material and varying finishes.

Figure 6:  20 Nannygai Street (whole site perspective)
A minor change to the approval (MCU18/0003.01) was approved on 9 March 2020. The minor change was requested to update Condition 4 in regards to building height, as following construction, a survey of the site undertaken by a registered cadastral surveyor revealed that the building height conditioned under the original approval was exceeded by 0.07m. Condition 4 was amended to reflect the as constructed height of the building.
It is noted that the Unit 1 dwelling has not been constructed in accordance with the above approved plans, with the Ground Floor ‘bike parking’ area being converted to a Media Room, accessible via the dwelling only.
Site Description
The subject site is located on the northern side of Nannygai Street. The entire site has been developed for a dual occupancy, with the subject unit (Unit 1) being located on the north-western side of the lot. Pedestrian and vehicular access is provided from Nannygai Street, with a double garage accessed from the 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.
Surrounding Land Uses
North west:
18 Nannygai Street and 1 Anchor Street – dual occupancy
3 Anchor Street – Adeona Noosaville – child care centre
North east (rear):
223 Weyba Road – The Anchor Motel, containing 19 motel rooms
221 Weyba Road – Mango Mews, containing 4 multiple dwelling units
South east:
22 Nannygai Street – Kyeema Court, containing 7 multiple dwelling units
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek that neighbourhoods of permanent housing are protected from short-term visitor accommodation that would impact on the amenity enjoyed by residents and that the planning scheme protects areas for visitor accommodation with a  range of accommodation styles envisaged to support the local tourism industry.
The planning scheme regulates where short-term accommodation may occur within residential zoned land and includes provisions which seek to protect the amenity of the surrounding area.
The strategic intent is to limit visitor accommodation in traditional residential neighbourhoods of detached dwellings, but allow it in higher density areas typically zoned for unit developments and located generally closer to centres, facilities and services. The proposed short-term accommodation supports Noosa’s tourism industry and provides an alternative form of visitor accommodation to resort, motel development etc.
The proposal is consistent with the Strategic Framework as it is located within a higher density area in proximity to the Noosaville district centre, and approximately 850m from the tourist and recreational activities on Gympie Terrace and the Noosa River.
Code Provisions
The subject site is located in the Noosaville Local Plan Area and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow an impact assessable application process.
The Medium Density Residential Zone Code and the Noosaville Local Plan Code both include provisions which address the potential impacts of short-term accommodation. The relevant provisions are:
Short-term accommodation Use
Medium Density Residential Zone Code
Purpose and Overall Outcomes
(a)	Medium density residential neighbourhoods are predominantly home to permanent residents.
(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.
(h)	Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
6.3.2.3	Assessment Criteria
Role and function
PO6 Visitor accommodation 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: the privacy of residents on the subject property or adjoining properties; any likely increase in noise to adjoining properties; the scale of the use and its compatibility with the character and uses within the property or surrounding area; retention of the primary residential function of an area; the residential function and arrangement of common property; the impact on the safety and efficiency of the local road network; the impact of waste storage areas on the visual amenity of the area; the location of waste storage areas in relation to sensitive land uses; and any impact on shared vehicular access or parking.	AO6.2 Short-term accommodation does not: constitute a party house; create noise that would unreasonably impact on the residential amenity enjoyed by the adjoining or surrounding properties.
Noosaville Local Plan Code
7.2.4.2	Purpose and Overall Outcomes
(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.
(s) 	Development in the Medium Density and High Density Housing zones accommodates a greater diversity in housing types including dual occupancies, multiple dwellings, retirement facilities and residential care facilities.
(t)	Development ensures permanent residents of Noosaville enjoy high levels of residential amenity and accessibility to urban services and recreational opportunities
7.2.4.3	Assessment Criteria
Development in the Noosaville Local Plan Area generally (All Zones)
PO1
Development enhances the role of Noosaville as a major focus for visitor accommodation and services in Noosa Shire with high levels of accessibility to outdoor recreational pursuits and urban services.
Visitor Facilities
PO21
A range of visitor accommodation including low cost and family friendly short-term accommodation and tourist park accommodation, including the Noosa River Caravan Park at Russell Street is maintained.
Visitor Accommodation Code
9.3.5.2	Purpose and Overall Outcomes
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.
The overall outcomes sought for the Visitor Accommodation Code are:
Visitor accommodation is compatible with and benefits from Noosa Shire’s natural environmental values.
Visitor accommodation offers a wide range of experiences for guests both in coastal areas and in the hinterland.
Visitor accommodation is located and designed in a manner which sensitively responds to site characteristics.
Visitor accommodation does not detrimentally impact upon the biodiversity and natural landscape values of its setting.
The density and design of visitor accommodation integrates with the urban or landscape fabric of its particular locality.
Visitor accommodation located near permanent residents does not detract from the amenity enjoyed by residents.
Visitor accommodation does not impact on the ability of rural land owners to carry out agricultural pursuits.
Visitor accommodation provides high quality amenities and facilities commensurate with its setting, the types of accommodation supplied and the length of stay accommodated.
Visitor accommodation forms a key element of the local tourism industry.
Visitor accommodation provides for a wide range of visitors.
9.3.5.3	Criteria for assessment
Location
PO1 Visitor accommodation is located such that it avoids conflicts with nearby land uses.	AO1.2 Visitor accommodation is not within 100 metres of an educational establishment or childcare centre.
Safety and amenity	
PO12 Sufficient on-site car parking is provided to accommodate the number and type of vehicles likely to be generated by the visitor accommodation having regard to the number of guests, staff or visitors.	
The planning scheme prioritises the preservation of areas which are predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation.
Whilst acknowledging that the area is considered to be predominantly permanent residential dwellings, it is also noted that a number of visitor accommodation facilities are located within proximity of the site and within the broader Noosaville locale, including (but not limited to) The Anchor Motel, Noosa Yallambee Holiday Apartments, Pelican Cove and Noosa River Retreat. Furthermore, there are numerous properties which are currently being used for short-term accommodation.
The following images detail the location of these visitor accommodation facilities:

Figure 8: Location of visitor accommodation within proximity of the site

Figure 9: Zoning within proximity of the site
It is acknowledged that the use of premises for short-term accommodation has the potential to have a significant impact on the amenity of the surrounding residential area. These impacts are often attributed to noise, car parking and waste disposal. The requirement for a development application for short-term accommodation provides the opportunity to regulate the use of the site so as to mitigate these potential impacts.
The following is noted in this respect:
The outdoor open space area is located to the north east of the dwelling, adjacent to the outdoor living space of the adjoining unit (2/20 Nannygai Street), the open space area at the Anchor Motel and the outdoor play space of the Adeona Child Care (refer to Figure 10).  It is important that the use of the outdoor open space area is managed in order to mitigate amenity issues, accordingly conditions are recommended to address the use of outdoor areas.
The subject site and 2/20 Nannygai have a mirror image design, approved through a previous Development Permit (MCU18/0003), which results in the outdoor open space areas being in proximity to each other.
The bedrooms of the dwelling at 2/20 Nannygai Street are located along the southern side of the First Floor, providing sufficient separation from the bedrooms and living areas of 1/20 Nannygai Street.
The bedrooms of the dwelling at 18 Nannygai Street are located on the Upper Floor, with Bed 1 being located along the south eastern boundary of the lot, in proximity to Bed 3 and Bed 4 of the subject dwelling.
Adeona Child Care operates Monday to Friday from 7:00am – 5:30pm only (closed weekends and public holidays).
The dwelling unit has a double enclosed garage with space for 2 additional vehicles to park on the driveway therefore complies with the Driveways and Car parking Code requirement for 3 car parking spaces;
The unit also has its own dedicated, suitably screened waste storage area mitigating potential impacts on visual amenity;
The site is situated within the Medium Density Residential Zone in which dual occupancies and multiple dwelling developments are consistent uses subject to code assessment. In this regard, the site contains an existing dual occupancy, or could be developed with a multiple dwelling, resulting in a higher density of occupancy than is currently proposed, which may amplify car parking and noise impacts associated with an increased number of bedrooms/persons who could otherwise occupy the site.
It is noted that the applicant has proposed implementing the following requirements for the operation of the 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 two car garage and associated driveway will be available for carparking for guests;
No events, weddings, parties or the like are to occur on the premises; and
A maximum of 8 persons on staying on site at any one time (two per bedroom).
Accordingly, conditions are recommended to address potential amenity impacts. These generally align with the measures proposed by the applicant and, additionally, prohibiting the use of outdoor areas after 9pm and requiring a register of complaints to be maintained.

Figure 10: Outdoor open space area
It is also noted that the subject site adjoins a child care centre (Adeona Child Care – refer to Figure 10), which operates Monday to Friday from 7:00am – 5:30pm (closed weekends and public holidays) and caters for approximately forty children, from 18 months to 5 years in age, contrary to Acceptable Outcome AO1.2 of the Visitor accommodation Code, which states:
Visitor accommodation is not within 100 metres of an educational establishment or childcare centre.
Council’s Strategic Planning team have advised that the intent of AO1.2 was to mitigate impacts from larger scale short-term accommodation development, which would result in more substantial risks and/or impacts in relation to child care centres, in terms of:
an increase in traffic, with tourists/visitors having less familiarity with the context of the area, in an environment where lots of children may be wandering around;
large scale short-term accommodation tends to increase demand for on-street parking, as do schools and childcares, and as such may result in adverse impacts for surrounding residents and parents attending school pick up / drop off; and
acoustic privacy of the guests of the short-term accommodation (i.e. noise generated from the child-care centre impacting on guests).
It is considered given the minor scale of the development, being a single four bedroom dwelling limited to 8 guests, the development complies with corresponding Performance Outcome PO1, in that the location of the development, despite being in proximity to the child care centre, avoids conflict with the existing development due to the minor scale of the proposal, availability of onsite parking and operating hours of the child care centre. Additionally, the recommendation includes Protection of Privacy conditions to prevent overlooking from the subject site into the adjoining child care centre.
built form provisions
Medium Density Residential Zone Code
PO11
Plot ratio of development does not exceed 0.4:1.
It is noted that the dwelling has not been constructed in accordance with the exiting approved plans for the duplex (MCU18/0003), with the Ground Floor ‘bike parking’ area being converted to a Media Room, accessible via the dwelling only. The existing approval for the duplex was issued under Noosa Plan 2006, which allowed a plot ratio of 0.45:1 in this location. The original approval plans provided a plot ratio of 0.44:1. The conversion of the ‘bike parking’ results in a plot ratio of 0.46:1. As such, the proposal does not comply with plot ratio requirements outlined in both Noosa Plan 2006 and Noosa Plan 2020.

Figure 7:  Approved Ground Floor Plan (MCU18/0003)
The applicant has been made aware that the as constructed dwelling does not comply with the approved plans, and as such has proposed to convert the Media Room back to bike parking, accessible from the garage only. Given the original approval was issued under Noosa Plan 2006, a plot ratio of 0.45:1 is considered acceptable.
It is suggested in the Recommendation that Council’s Development Assessment Compliance Officer carries out a Final Inspection to ensure compliance with the Conditions of approval for both MCU18/0003 and MCU20/0119.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Principal Strategic Planner, Strategic Planning
Public Notification
The application was publicly notified for 20 business days in accordance with the Planning Act 2016. Three properly made submissions were received, all raising issues of objection. The location of the objectors in relation to the subject site is identified in the following image:

Figure 11: Location of subject site and submitters
The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Short-term accommodation will erode the provision of critically needed long term rental accommodation Will set a precedent to approve short-term accommodation in other properties, altering the character of the street (from residential to tourist) Unreasonable that dwelling unit was approved as part of a duplex and first owner seeks to use it for purpose of short-term accommodation No need for additional visitor accommodation in this area Short-term accommodation destroys character of neighbourhood Potentially makes owning dwelling in a medium density residential zone of Noosa, a business, not a dwelling. Medium density zoning may potentially allow for 80 or 90 applications for Short-term accommodation, leading to a daily increase on several hundred short-term visitors in the area. The amenity of the area would become a ‘tourist-town’, not the residential area it is today. Proposed car parking is not sufficient for the use – guests will place additional parking pressure on Nannygai Street, exacerbating vehicle related problems.	It is acknowledged short-term accommodation utilises housing supply which could be used for other purposes and potentially impacting on rent prices of the remaining housing stock to be used for permanent rentals. However, short-term accommodation is a consistent land use within the Medium Density Residential Zone with the subject site being ideally located within proximity of centres, services and the river. Importantly the appropriate zones for short-term accommodation was extensively discussed during the preparation of the Noosa Plan 2020. In this respect, it is important to note that the Council’s intent for the Medium density residential zone is for it to accommodate permanent residential living interspersed with some visitor accommodation. The principle of the proposed development is therefore entirely consistent with the Council intent for the zone. Noosa Plan 2020 requires 3 carparks to be provided onsite. The proposal includes a 2 car garage, with room on the site for an additional 2 cars to be parked. As such, the proposal is considered to provide sufficient car parking on site.
Loss of amenity to neighbouring properties (noise and privacy concerns) Permanent residents should be protected from the impacts of short-term residents Will impact on street car parking Any increase in population density in Nannygai Street and surrounds would lead to more congestion and impact on the personal safety of residents in the area.	Short-term accommodation has the potential to impact on the amenity of the surrounding area if the use is not appropriately managed. Accordingly, it is proposed to include conditions which address amenity including the number of guests, hours of use of outdoor areas and complaints management. It is also noted that Council is currently working on a new Local Law to assist in managing short-term accommodation in the Shire. In this regard it is recommended that an Advisory Note be included detailing that approval may be required under a Local Law for the continued use of short-term accommodation in the future.
Diminution of property values. Child protection – concerns regarding risks to the health, safety or wellbeing of the children at the adjoining Adeona Child Care Centre, specifically concerns relating to the possible high rate of turnover of residents / visitors, exposure to inappropriate language / conversations and viewlines into the rear of the child care centre from the subject site. The proposal will lead to a greater impact on local infrastructure, particularly the sewerage system. The property does not have existing use rights for short-term accommodation.	Impact on property values is not a matter which can be considered. The development is proposed to be conditioned to include screening on upper level windows and the rear balcony to increase privacy to the child care centre. Additionally, guests will be required to adhere to a Code of Conduct when utilising the dwelling. Sewerage infrastructure is controlled and managed by Unity Water. A property is not required to have existing use rights to apply for a Development Permit.
conclusion & REASONS FOR DECISION
The application seeks to use a dwelling unit for the purpose of short-term accommodation. The dwelling unit forms part of a dual occupancy. The key issue associated with the assessment of the application is the potential for detrimental impacts on the amenity of the surrounding residential properties. Whilst acknowledging that short-term accommodation has the potential to impact on the amenity of the area, the proposed use has been identified as a consistent use within the applicable zone and an extensive suite of conditions are recommended to address the operation of the use to preserve the amenity of the area.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
		X	Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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Disclaimer – the mapped visitor accommodation facilities are taken from Council’s existing database. It is noted the map may include errors and omissions.

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 march 2021

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