Submission of Objection - Park Cres Sunshine Beach

13 August 2021

Our Reference: GA2021-123
Council Ref: MCU17/0046.03

Noosa Council
BY EMAIL TRANSMISSION
[email protected]

RE: 	Submission Objecting to Development Application for Development Permit for Material Change of Use – Other Change to include Short Term Accommodation on land at 2/38 & 38 Park Cres, Sunshine Beach (legally described as Lots 0 and 2 SP297608)

On behalf of our client, we write in response to the proposed Material Change of Use – Other Change application to establish Short Term Accommodation at 38 Park Cres, Sunshine Beach (development Application Reference MCU17/0046.03), which is currently in the Public Notification Stage, concluding on 17 August 2021.

SUBMITTER DETAILS

This properly made submission is being lodged by Innovative Planning Solutions on behalf of:

Submitter Name – Greggory Piercy
Submitter Address – 3/27 Ross Crescent, Sunshine Beach, QLD, 4567
Submission Return Service Address – PO Box 1043, Maroochydore, QLD, 4558

SUBMISSION DETAILS

The subject site is located within the Medium Density Residential zone with the inclusion of Short Term Accommodation requiring Impact Assessment in this zone where it doesn’t meet the following criteria:
in an existing building which is the applicant's principal place of residence;
occupied by short term guests on no more than 4 occurrences in any calendar year; and
occupied by short term guests for a total of no more than 60 nights in any calendar year

Given that this application is proposed to exceed the above criteria, consideration of the impacts of introducing short term holiday letting for this property must be assessed.

It is noted that Council reasonably requested additional information through their formal Information Request, giving the applicant the opportunity to demonstrate a need for the short term accommodation and that an adequate supply of permanent residential dwellings is retained in the area.

Despite the Council’s request, the application has failed to demonstrate a need and has not adequately addressed Council’s concerns. Further to that issue, the application has failed to adequately demonstrate that the impacts of the development in this zone can be addressed, particularly in relation to impacts on the amenity and character of the area.

The applicant’s commentary regarding the site being within a cluster of short term holiday accommodation with a snap from Booking.com does not adequately address council’s or the community’s concern about the real impacts of this proposal. The immediate neighboring area is made up predominantly by permanent residences, with a close nit community and a low density character.  Despite the Medium Density zoning of the subject site, the area is surrounded by Low Density Residential zoning to the east and south of the site and with the beach side strip of the area having a prevailing low density residential character that is predominantly single detached housing. The inclusion of a dwelling that can be short term let for holiday purposes, would significantly impact the character and amenity of this area.

The Medium Density Residential Zone Code specifies that Land uses do not result in adverse changes to the amenity of the residential neighbourhood.

The Purpose and overall outcomes for the Medium density residential zone include the following statements in relation to managing short term accommodation within the zone:

Medium density residential neighbourhoods are predominantly home to permanent residents.
Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.

The applicant relies on the use being consistent in the medium Density Residential zone. However, this is subject to being able to address potential impacts and demonstrating the suitability of the property for short term accommodation based on its individual merits.

The application material submitted to date, has not adequately demonstrated that it meets the outcomes sought by the Noosa Plan 2020 for the Medium Density Residential Zone.  In this instance this is unlikely to be possible given the unique character of the area and the likelihood that short term holiday accommodation in this location would impact the character and amenity of adjoining properties.  It is clear from the zone code that this zone should consist predominantly of permanent residential accommodation and that short term visitor accommodation should be located in the established resorts and units which are available in the area particularly in the high density zone to the west.

The Visitor Accommodation Code includes similar requirements in relation to potential impacts on the character and the amenity of an area. The Code requires Short term accommodation to be 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 impacts of Short term holiday accommodation on the amenity of residential areas is well documented particularly in relation to additional noise of those dwellings given that people are residing on a short term basis for holidays and gatherings.

The application makes broad comments in relation to addressing potential amenity impacts of the use, but does not provide sufficient detail to give comfort that amenity can and / or will be managed appropriately.  Given the character of this locality, introducing holiday rentals will obviously result in impact to the amenity of the area.

SUMMATION

Given that insufficient information has been provided to demonstrate compliance with the Planning Scheme, we request that Council refuse the proposed application to allow short term visitor accommodation at 38 Park Cres.  The application should not be supported for the following reasons:

The proposed inclusion of short term visitor accommodation would result in amenity impacts to the area particularly in relation to additional noise and traffic.

The proposal would result in loss of permanent accommodation for the community which is inconsistent with the purpose and overall outcomes of the Medium Density Residential zone code that requires permanent residential accommodation to be the predominant form of accommodation and for short term visitor accommodation to be located within existing resort / unit areas.

The immediate area is characterised by single houses, where short term accommodation is an inconsistent use and the proposal will erode the high quality, quiet character of this area.

The Planning Scheme allows for Short Term Accommodation to be conducted on the site up to 4 times per year and 60 days to minimise the impacts on the local community. This has been included in the planning scheme deliberately to combat the amenity and character impacts that short term accommodation have on the residential areas in Noosa. To allow unrestricted free range of the site for short term holiday letting would erode the character and amenity of the area and compromise the intent of the planning scheme to protect those things for this community.

Yours sincerely,

James Brownsworth
DIRECTOR
INNOVATIVE PLANNING SOLUTIONS

[word/footer1.xml]
P: 07 5452 5207 
E: [email protected]
45 First Avenue, Mooloolaba Qld 4557
PO Box 1043 Maroochydore Q 4558
innovativeplanningsolutions.com.au               

P: 07 5452 5207 
E: [email protected]
45 First Avenue, Mooloolaba Qld 4557
PO Box 1043 Maroochydore Q 4558
innovativeplanningsolutions.com.au               

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