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Proposal Report - Short term Accomodation

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proposal report
development application


Development Permit for a Material Change of Use of Premises for Short
                                                Term Accommodation
    over Lot 112 on P9311 and located at 30 Kingfisher Drive, Peregian
                                                                Beach




                                       Prepared For: Craig and Sharon Saunders
                                                          Prepared: March 2020
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Prepared by:
Martoo Consulting Pty Ltd

13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440


© Martoo Consulting Pty Ltd 2017

The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.

All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted      in    any     form     without      the    written   permission     of   Martoo      Consulting      Pty      Ltd.




        martoo consulting
        town planners + urban designers + development managers                                                            page 2 of 16

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Contents
1.0      Summary ......................................................................................................................... 4
  1.1       Development application details ............................................................................................. 4
  1.2       Planning instrument details ..................................................................................................... 4
  1.3       Referral agencies ..................................................................................................................... 4
2.0      Site details ....................................................................................................................... 5
  2.1       Site description ....................................................................................................................... 5
  2.2       Surrounding land uses ............................................................................................................. 6
3.0      Proposed development details ......................................................................................... 8
4.0      Planning assessment ........................................................................................................ 9
 4.1      Noosa Plan…………………………………………………………………………………………………………….…………..…….…9
5.0      State assessment and other matters .............................................................................. 14
  5.1       State interests ....................................................................................................................... 14
6.0      Conclusion .................................................................................................................... 15
7.0      Appendices ................................................................................................................... 16
  Appendix A Proposal Plans




        martoo consulting
        town planners + urban designers + development managers                                                                           page 3 of 16

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1.0 Summary

1.1 Development application details
 Proposed development:                              Short Term Accommodation
 Type of approval sought:                           Development Permit for Material Change of Use
 Site address:                                      30 Kingfisher Drive, Peregian Beach Qld 4573
 Real property description:                         Lot 112 on P9311
 Site area:                                         506.48m2
 Assessment manager:                                Noosa Council
 Owner details:                                     Robert and Jacqueline Brooks
 Applicant details:                                 Craig and Sharon Saunders


1.2 Planning instrument details
Regional plan:                                      SEQ Regional Plan 2009–2031 (version commenced 2 May
                                                    2014)
Designation:                                        Urban Footprint
Planning scheme:                                    Noosa Plan 2020
Zone:                                               Medium Density Residential zone
Local plan:                                         Coastal Communities Local Plan
Level of assessment:                                Impact
Applicable overlays:                                Acid Sulfate Soils
                                                    Bushfire Hazard
                                                    Airport Environment
Applicable codes:                                   The Planning Scheme



1.3 Referral agencies

Site is located in an area mapped with Potential for Unexploded Ordnance (UXO). The application
is required to be referred to the SARA.




     martoo consulting
     town planners + urban designers + development managers                                               page 4 of 16

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2.0 Site details
2.1 Site description
The subject site is a triangular shaped lot located on corner of Kingfisher Drive and Pelican Street,
Peregian Beach and described as Lot 112 on P9311. The site contains an existing two storey
residential dwelling located to the rear of the site with gardens and balconies overlooking the street
frontage. Vehicular access to the site is from a driveway located off Kingfisher Drive.

The ground floor of the existing dwelling includes a double garage, laundry, three bedrooms and
living/ rumpus room with internal stairs leading to the upper level of kitchen, dining and lounge area
and two additional bedrooms.




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.

Figure 1 below provides a plan of the location of the site.




      martoo consulting
      town planners + urban designers + development managers                                 page 5 of 16

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Figure 1: Aerial view and site identification                                   Source: Noosa Council



2.2 Surrounding land uses
The site is located in a residential area which is characterised by a mix of residential dwellings and
unit complexes including holiday accommodation. Kingfisher Drive to the south is included in the
Medium Density Residential zone and includes a mix of dual occupancies, unit developments and
dwelling houses whilst the Peregian Beach Local Centre located approximately 190 metres from
the site. The site is located directly across the road from Peregian Beach.

Specific land uses surrounding the site are detailed in the table below:

Table 2: Surrounding land uses
Surrounding land uses
North – opposite the site                    Two storey residential dwelling
South                                        Two storey dwelling
West                                         Two storey units
East – opposite the site                     Open space/ park reserve




        martoo consulting
        town planners + urban designers + development managers                               page 6 of 16

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Figure 2: Satellite view and site identification                 Source: Noosa Council mapping




        martoo consulting
        town planners + urban designers + development managers                     page 7 of 16

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3.0 Proposed development details
The applicant proposes to utilise the existing dwelling on site for both permanent and short term
accommodation. No changes are proposed to the existing dwelling and the entire dwelling is to be
available for short term accommodation for one booking.

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 paved areas on site will be available for carparking for
         guests.
        No events, weddings, parties or the like are to occur on the premises.

In support of the proposal, the following is noted:

        The dwelling is located on a corner site and is orientated to take advantage of the northern
         views over the street.
        The dwelling is located to the rear of the site with the main balconies located to the north
         away from adjoining properties.
        There is no pool on site.
        The driveway of the adjoining units to the west of the site runs along the common boundary
         providing separation between the units and the proposed short term accommodation.
        The site is fully fenced and landscaped .




       martoo consulting
       town planners + urban designers + development managers                               page 8 of 16

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4.0 Development Assessment

4.1 Noosa Plan
The Noosa Plan 2020 defines Short term accommodation as:

       a) means the use of premises for

             i) providing accommodation of less than three (3) consecutive months to tourists or
             travellers; or
             ii) a manager’s residence, office, or recreation facilities for the exclusive use of guests,
             if the use is ancillary to the use in subparagraph (i); but

       b) does not include a hotel, nature-based tourism, resort complex or tourist park

The Noosa Plan includes the site in the Coastal Communities Local Plan and provides the site with
a Medium Density Residential zoning. The assessment table for the zone indicates that Short
Term Accommodation uses are impact assessable. Impact assessable applications are required
to be assessed against the entire scheme however the most relevant Codes for assessment
include:

        Coastal Communities Local Plan Code
        Medium Density Residential Zone Code
        Visitor Accommodation Code
        Works Code


Coastal Communities Local Plan Code

The proposal has been reviewed against the Coastal Communities Local Plan Code and is
considered to comply with the Purpose and Overall Outcomes of the Code which include:

       (h)Development recognises and reinforces the close relationship between the natural
        character of the area and its attractiveness to residents and visitors. In this context,
        development is subservient to the natural landscape, sits lightly within the landscape,
        sensitively responds to the topography of the area and provides densely landscaped
        settings, with existing mature trees and vegetation retained wherever possible.

       (o) Development in the Medium Density Housing zones accommodates a greater diversity in
        housing types including dual occupancies, multiple dwellings, retirement facilities and
        residential care facilities.

       (z) 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.

The use of the site for short term accommodation will provide visitor accommodation in a building
that has a domestic scale and is located in a landscaped setting. The applicant proposes to utilise




       martoo consulting
       town planners + urban designers + development managers                                   page 9 of 16

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the existing building on site and will maintain existing vegetation and provide an alternative form of
visitor accommodation for the area.

The Coastal Communities Local Plan Code includes the following specific performance outcomes
that relate to short term accommodation:

     PO1 Development enhances the role of the coastal communities as a beachside residential
     area which also include a considerable amount of visitor accommodation.

     PO2 Development contributes to the lifestyle and amenity of residents and visitors in the
     coastal communities.

     PO14 Development provides a diversity of types and styles of visitor accommodation to cater
     for a range of visitor experiences in close proximity to key tourist areas.

     PO15 Visitor accommodation is not be located in areas which are predominantly permanent
     residential dwellings.

The proposed use of the existing dwelling on site for short term accommodation is considered to
meet the performance outcomes by providing visitor accommodation in proximity to the key tourist
areas such as the Peregian Beach local commercial centre, beachfront and park areas and
bikeways. The area also contains a number of dwellings and units that area currently used for
holiday accommodation.


Medium Density Residential Zone Code

The proposal has been reviewed against the Medium Density Residential Zone Code and is
considered to comply with the Purpose and Overall Outcomes of the Code which include:

    (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.

    (c) Development makes a positive contribution to the look and feel of residential
        neighbourhoods by maintaining a low scale character with well designed buildings and
        landscaping that enhance the streetscape.

    (d) New uses are located, designed and managed to be compatible with surrounding uses.

    (h) Short-term visitor accommodation is predominately provided through well-established
        resorts and holiday units.

    (i) Development maintains a high level of residential amenity having regard to traffic, noise,
         dust, odour, lighting and other locally specific impacts.

The short term accommodation use is located on a site contained in the medium density zone and
maintains the existing low scale building on the site which compliments the surrounding uses. The
location of the building to the rear of the site with decks orientated to the corner street frontage
minimizes impacts in terms of noise or lighting.



      martoo consulting
      town planners + urban designers + development managers                                page 10 of 16

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It is noted that the outcomes of the zone also state:

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

The subject site is located in an area that caters for both for visitor accommodation as well as residential
dwellings used for permanent accommodation. The use of the subject site for visitor accommodation will
not prejudice the outcome of the zone as there are still areas in the locality available for permanent
accommodation.

A review of the most relevant sections of the Medium Density Residential code is detailed below:

Performance Outcomes                         Acceptable Outcomes                              Proposal Compliance

PO6                                          AO6.1
Visitor accommodation is limited to          Home-based businesses allow for up to four       Not applicable – not Home Based Business and host
formats     compatible   with   the          short term guests to be accommodated within
character and use of the area so as          the home of the host while the host remains in   not on site.
not to cause unreasonable loss of            residence, such as traditional bed and
residential amenity, having regard           breakfast                     accommodation.
to:
                                             AO6.2                                            Not a party house. Premises to be used for luxury
 a)      the privacy of residents            Short-term accommodation does not:
                                                                                              holiday rental and not to be rented out for large groups
 on the subject property or                  a) constitute a party house;
 adjoining properties;                       b) create noise that would unreasonably          or parties.
 b)      any likely increase in                 impact on the residential amenity enjoyed     The dwelling is orientated to the rear of the corner site
 noise to adjoining properties;                 by the adjoining or surrounding properties.   with the primary kitchen, living and upper level balcony
 c)      the scale of the use and                                                             facing the street intersection to maximize the northern
 its compatibility with the character                                                         views over the reserve. The location of this outdoor
 and uses within the property or
 surrounding area;                                                                            area reduces potential noise to adjoining properties.
 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;
 h)      the location of waste
 storage areas in relation to
                                             AO6.3
 sensitive land uses; and                                                                     As indicated by the aerial photograph below the
 i)      any impact on shared                Buildings are designed and orientated so that
                                             the majority of outdoor living areas face away   dwelling is located to the rear of the corner site which
 vehicular access or parking
                                             from the habitable areas of adjoining            results in the majority of the outdoor living area facing
                                             dwellings.                                       away from adjoining dwellings.




       martoo consulting
        town planners + urban designers + development managers                                                                   page 11 of 16

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                                              AO6.4                                              Bin area located behind garage and not visible to the
                                              Waste storage areas are screened and located       street. .
                                              to the rear or side of a building and are not
                                              located along any frontage to a public street or
                                              space.


The existing dwelling footprint and design is generally consistent with the outcomes of the code
and is to be retained in its current form.


Visitor Accommodation Code

The proposal has been reviewed against the Visitor Accommodation Code and is considered to
comply with the Purpose and Overall Outcomes of the Code. The design and location of the
dwelling minimises the potential for the short term accommodation to impact on the surrounding
residents through the location of the dwelling which.

The relevant Performance Outcomes are addressed below:



Performance Outcomes                                Acceptable Outcomes              Proposal Compliance

PO3                                                 No acceptable outcome provided   Short term accommodation to be located in an
Development has a scale and density                                                  existing building which is compatible with the
that is compatible with the intent of the
zone and the preferred character for the                                             character of the area which includes single
local area in which it is located.                                                   dwellings and units
PO22                                                No acceptable outcome provided   Complies –self contained dwelling proposed to be
Except where in the form of a serviced                                               utilised.
apartment or hotel room the short term
accommodation use is provided with
sufficient kitchen, dining, laundry and
common room facilities to accommodate
the needs of visitors and resident staff.
PO25                                                No acceptable outcome provided   Complies – existing building to be utilized which is
Short term accommodation in a                                                        of a scale and character that is consistent with the
single dwelling is limited to formats
compatible with the character and use of                                             surrounding area.
the area so as not to cause
unreasonable        loss    of   residential                                         The dwelling is located to the rear of the site with
amenity, having regard to:                                                           decks and living areas orienated to overlook the north
a) the privacy of residents on the                                                   east and the intersection of Kingfisher Drive and
     subject property or adjoining
                                                                                     Pelican Street.
     properties;
b) any likely increase in noise to
     adjoining properties;                                                           The western rear boundary of the site adjoins a
c) the scale of the use and its                                                      driveway associated with adjoining units and no upper
     compatibility with the character and                                            level decks are located along this boundary.
     uses within the property or
     surrounding area;
d) retention of the primary residential
     function of an area;
e) the impact on the safety and
     efficiency of the local road network;
f) the impact of waste storage areas
     on the visual amenity of the area or
     sensitive land uses; and
g) any          impact       on      shared
     vehicular access or parking.




        martoo consulting
         town planners + urban designers + development managers                                                                      page 12 of 16

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                                                               The southern boundary is fenced with the dwelling
                                                               locating bedrooms along this boundary.

                                                               The use of the dwelling for visitor accommodation is
                                                               compatible with the surrounding area

                                                               The use of the site for visitor accommodaiton will not
                                                               impact on the road network.

                                                               Waste storage areas are located behind the existing
                                                               garage.

                                                               Carparking for 2 vehicles is available on site in the
                                                               garage with a paved area at the front of the site
                                                               suitable for one additional space.




Overlays

The site is mapped as being affected by the Acid Sulfate Soils and Bushfire Hazard Overlays.
These overlays do not impact on the proposal as the proposal involves the use on an existing
building.




     martoo consulting
      town planners + urban designers + development managers                                                   page 13 of 16

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5.0 State assessment and other matters
Under the Planning Act 2016, the application must be assessed against the following statutory
planning instruments to the extent that they are relevant to the application:

        State Planning Policy;
        South East Queensland Regional Plan;
        Planning Regulation 2017; and
        Noosa Plan 2020


The State Planning Policy raises no further issues relevant to the proposed development and the
site is located within the Urban Footprint of the South East Queensland Regional Plan and the
proposal is consistent with requirements of the Regional Plan. The site is located outside the Koala
Assessable Development Area and the proposal is compliant with the relevant State Regulatory
Planning Provisions.




       martoo consulting
       town planners + urban designers + development managers                             page 14 of 16

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6.0        Conclusion
The above development application has been submitted to the Noosa Council as the Assessment
Manager of the application under the Planning Act 2016. This application seeks a Development
Permit for a Material Change of Use of Premises for a Short Term Accommodation in an existing
dwelling which is impact assessable development under the Noosa Plan 2020.

This application can be supported on a number of grounds as provided in detail in the above
report. These grounds include:
             The site is located in the Medium Density Residential zone which details short term
              accommodation as being a consistent use
             The location of the existing dwelling to the rear of the site minimises impacts on the
              surrounding area by locating balcony and major living areas to the front of the site
              away from adjoining properties.
             The existing dwelling is in close proximity to visitor attractions including the beach,
              parkland, pathways and Peregian neighbourhood centre.
             The surrounding land uses and roadways to the site and the characteristics of the
              locality support the use of the site for short term accommodation.




      martoo consulting
      town planners + urban designers + development managers                                page 15 of 16

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                                                               proposal report




7.0        Appendices

Appendix A - Proposal plans




      martoo consulting
      town planners + urban designers + development managers         page 16 of 16

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