PBCA SUB on 30 Kingfisher mcu 21-0054

Page 2

PBCA Submission re MCU 21/0054 – 30 Kingfisher St, Peregian Beach
                                                                                   Page |2

1.       ASSESSMENT OF THE PROPOSAL AGAINST THE WHOLE NOOSA PLAN 2020

Noosa Plan 2020 makes it very clear that turning more residential properties into STA is
undesirable. The very fact that an STA is an inconsistent use in Low Density Residential
Zones; and applications are impact assessable in Medium and High-density Residential
Zones makes it clear that material change of use applications to become STAs are being
actively discouraged.


2        ASSESSMENT AGAINST THE STRATEGIC FRAMEWORK:


Further the Strategic Framework of the Noosa Plan 2020 sets out a clear position on short-
term accommodation (STA) as follows:

    3.2.4 Housing to meet diverse needs of the community

Given Noosa Shire's popularity as a destination for visitors, accommodation is under
increasing pressure from both residents and guests. Visitor accommodation areas at
Noosa Heads, Noosaville and Noosa North Shore are protected for visitors to the
exclusion of permanent occupants. The limited number of sites available for new resort
development is protected for this purpose. Conversely, neighbourhoods of permanent
residents are protected from influxes of short-term visitors whose interests and
priorities are not compatible with residential amenity. Party houses are restricted
from establishing in Noosa Shire.            (Emphasis added)

and

3.3.3 Housing Choice
The strategic outcomes for housing choice by 2041 are:
         m. The planning scheme protects areas for visitor accommodation where a
            range of accommodation styles support the local
            tourism industry. (Emphasis added)
         n. Neighbourhoods of permanent housing are protected from short term
            visitor accommodation that would impact on the amenity enjoyed by residents,
            however residents may share their home with guests
            in a well managed fashion to limit potential impacts. (emphasis added)
         o. Party houses, as defined under the Planning Act 2016, are restricted from
             being established in Noosa Shire.
PBCA argues that the application is contrary to the strategic outcomes for housing choice.
Increasing the use of dwellings for STA in residential areas will not assist Council to meet
their longer-term objectives.

Page 3

PBCA Submission re MCU 21/0054 – 30 Kingfisher St, Peregian Beach
                                                                                   Page |3

Peregian Beach already has sufficient high price visitor accommodation - what is missing
is reasonable and low-cost long-term rental accommodation. Adding this accommodation
to the supply of STA’s will not address the need for low-cost rental accommodation


Section 3.2.6 – A Diverse and Resilient Economy
The Noosa Local Economic Plan aims to broaden the economic structure of the local
economy by achieving growth in 'smart' industry sectors that offer high economic value
and low environmental impact. Sustainable tourism is supported as an ongoing
economic driver. However, encouraging and developing new priority sectors is
required to develop an economy less reliant on tourism and population driven
industries. (Emphasis added)”


This application would not contribute to achieving a diverse and resilient economy and
rejecting the application would be consistent with focusing on the development of an
economy that is less reliant on tourism and population driven industries.
 It is our view that the application to convert the property to STA does not meet these
objectives of the Strategic Framework. This provides sufficient grounds to reject this
application.
Interestingly the applicant did not refer to the Strategic Framework when considering the
aspects of the Noosa Plan 2020 relevant to the assessment against the plan as a whole.
The Strategic Framework of the Planning Scheme takes priority over other aspects of the
scheme, including the local plan where there is any conflict.


   4.      ASSESSMENT AGAINST COASTAL COMMUNITIES LOCAL PLAN CODE

The Purpose and Overall Outcomes of the Code:
Item 2 (o) states:
“Development in the Medium Density Zones accommodates a greater diversity in housing
types including dual occupancies, multiple dwellings, retirement facilities and residential
care facilities”.
This does not include visitor accommodation nor specifically short-term letting.
Similarly in relation to item 2 (z). which states:
           Development in Peregian Beach –

        (I) provides local convenience shopping, business and employment services, for
             both permanent residents and visitors.
        (II) provides multi-unit accommodation located in close proximity to the Peregian
             Beach Local Centre.

Page 4

PBCA Submission re MCU 21/0054 – 30 Kingfisher St, Peregian Beach
                                                                                     Page |4




These again are not relevant. We accept that visitors use the Peregian Beach local centre
and welcome that. However, acknowledging that PB caters for visitors does not suggest
that more STAs are required.


PO1 – Development enhances the role of the coastal communities as a beachside
residential area which also includes a considerable amount of visitor accommodation.
It is our view that there is already a considerable amount of visitor accommodation in the
coastal communities. The applicant is seeking approval for a five-bedroom house, which
“will be used for luxury holiday rental”. The gap in visitor accommodation in Peregian
Beach is for low to medium cost visitor accommodation and specifically low and medium
long-term rental accommodation.
PO2: Development contributes to the lifestyle and amenity of residents and visitors in the
coastal communities.
Given the now well documented impact of STAs on the amenity of residents, the
application clearly does not meet this criterion.
PO14 Development provides a diversity of types and styles of visitor accommodation to
cater for a range of visitor experiences to key tourist areas.
The proposed change of use to an STA would fall into the category of high-cost visitor
accommodation in a domestic dwelling. PB has sufficient accommodation of this style and
a further 20 dwellings are approved at 215 David Low Way.
PO15 - Visitor accommodation is not be located in areas which are predominantly
permanent residential dwellings.
As Peregian Beach is predominantly permanent residential dwellings, and the property at
30 Kingfisher is surrounded by mainly permanent residential dwellings, the application
does not meet this criterion.


   5.      ASSESSMENT AGAINST THE MEDIUM DENSITY RESIDENTIAL CODE

The most relevant items in the Purpose and Overall Outcomes of the code are
(h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
As the applicant is proposing a domestic dwelling for this purpose, and there is already
sufficient supply of this type, with a further 20 dwellings for STAs approved, this application
does not satisfy this criterion.
(i)Development maintains a high level of residential amenity having regard to traffic, noise,
dust, odour, lighting, and other locally specific impacts.

Page 5

PBCA Submission re MCU 21/0054 – 30 Kingfisher St, Peregian Beach
                                                                                      Page |5

The proposed change of use to an STA is more likely to have a negative impact on the
residential amenity of the locality than maintaining a high level of amenity. The likely
impacts are outlined elsewhere in this submission.
In relation to the Performance Outcomes and Acceptable Outcomes:
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…..(items a to i)
And
AO6.2 Short-term accommodation does not
        A) Constitute a party house
        B) Create noise that would unreasonably impact on the residential amenity enjoyed
           by the adjoining or surrounding properties.
Whilst the applicant states that the premises are not to be rented out to large groups or
parties the nature of the accommodation, with 5 bedrooms, suggests that a large group, up
to ten people could rent the premises. The impacts on residential amenity are very likely to
be:
   a) Noise: Ten people, on holiday together, are noisy. Whilst it may not be a party
      house there may well be noisy “get-togethers”; [PO6(b)]
   b) Residential dwellings in the area are generally families of 4-5 or older couples so
      the introduction of a dwelling with 10 people is not compatible with the character
      and uses … of the surrounding area [PO6 (c)];
   c) There may also be 5 cars and only two car-parking spaces – adding to the already
      significant parking problems and safety on Pelican Street and Kingfisher Drive
      contrary to PO6(f) and (i).


The Visitor accommodation code at PO 25 includes the same provisions.


   6.      IMPACT ON RESIDENTIAL AMENITY

The proposed Local Law for Short-term letting accommodation (STA) makes clear the
current significant issues related to this style of visitor accommodation.
In relation to this application the impacts are expected to be on
   a. Noise – the dwelling has five bedrooms allowing up to ten people to be
      accommodated. Whilst it may not be a “party house” ten people together simply
      make a lot of noise. In this relatively quiet residential area, the noise carries in the
      evening and night and would disturb significant numbers of residents;
   b. Parking – with five bedrooms and only two car parking spaces it is very likely that
      there could be three cars requiring parking space on Kingfisher Drive or Pelican
      Street. Kingfisher Drive and Pelican Street already have significant issues with
      parking and adding to these would have a significant impact on nearby residents;

Page 6

PBCA Submission re MCU 21/0054 – 30 Kingfisher St, Peregian Beach
                                                                                      Page |6

   c. Road Safety: as a consequence of the parking issues on Kingfisher Drive and
      Pelican Street, cruising the street for a parking spot and consequent illegal parking
      is common and could have a negative impact on road safety.
   d. Traffic: Adding a further 5 vehicles to the already congested road network around
      Peregian Village and surrounding areas. There has been a huge increase in traffic
      over the last 5 years and adding to this problem would be inappropriate.
   e. Loss of community: Adding yet another dwelling to the STA pool is another home
      that is likely to be vacant for significant periods adding to the hollowing out of
      community and impacting on those who choose to reside there permanently.
The PBCA submission on the proposed Local Law for STAs seeks changes to Noosa Plan
2020 to set an overall maximum occupancy of 8 persons and, that maximum is conditional
on there being sufficient parking on site so that the STA occupants only require street
parking for one vehicle. If our recommendations were applied to this application (and
assuming it met all the requirements) occupancy would be limited to 6 persons.
It is PBCA’s strong view that Council has a responsibility to consider the amenity of
residents ahead of the needs of visitors and the desire to earn an income from a
residential property. Noosa should continue to be a great place to live not just to visit.
   7.       CONCLUSION:

PBCA objects to the application for material change of use to a STA on the basis that it:
   a. Is not consistent with the desired outcomes expressed in the Strategic Framework;
   b. Does not satisfy the relevant criteria in the Coastal Communities Local Plan Code;
   c. Does not satisfy the relevant criteria in the Medium Density Residential Code; and
   d. Will have a very significant impact on the residential amenity of nearby residents.
The application should be refused.


Yours sincerely


Marian Kroon
President