Council Report MCU22 0067

MCU22/0067 – APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH

Document information

Author	Graduate Development Planner, Jada Lyons
Environment and Sustainable Development

Index	ECM/ Applications/ MCU22/0067

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	T & J Hodgkinson P/L
Proposal	Material Change of Use - Short-Term Accommodation
Properly Made Date	19 April 2022
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	19 August 2022
Number of Submissions	2 Properly Made

PROPERTY DETAILS
Property Address	401 Sunrise Road Tinbeerwah
RP Description	Lot 7 RP 207543
Land Area	1.97 hectares
Existing Use of Land	Dwelling house and associated structures

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural Residential
Precinct	Not applicable
Local Plan Area	Not applicable
Overlays	Biodiversity, Waterways and Wetlands Overlay Area Subject to Biodiversity Overlay Bushfire Hazard Overlay High Potential Bushfire Intensity Landslide Hazard Overlay High Hazard Area Moderate Hazard Area Koala Habitat Area Koala Priority Area Core Koala Habitat Area
Assessment Type	Impact
executive summary
The proposal is for a Material Change of Use for Short Term Accommodation at 401 Sunrise Road, Tinbeerwah. The proposed use is wholly within the existing dwelling and no additions or alterations to the dwelling house are proposed. The use will have sufficient parking for visitors and gains access via a shared driveway from Sunrise Road.
The proposed use is generally consistent with the Noosa Plan 2020 requirements for short term accommodation on Rural Residential zoned land and will support Noosa’s tourism industry in the rural areas of the Shire. The existing dwelling house is expected to maintain the amenity of the area, being well set back and screened from neighbouring properties.  Conditions have been included to manage noise nuisances, waste storage and carparking. As such, the proposal is recommended for approval.
RECOMMENDATION
That Council note the report by the Graduate Development Planner to the Planning & Environment Committee Meeting dated 9 August 2022 regarding Application No. MCU22/0067 for a Development Permit for a Material Change of Use for Short-term accommodation situated at 401 Sunrise Rd Tinbeerwah 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
01	01	Site Plan, prepared by RG Strategic	14/04/2022
	01	Floor Plan, prepared by RG Strategic	14/04/2022
Currency Period
This development approval lapses if the use has not happened by 19 August 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The total number of bedrooms within the existing dwelling that are available for guest accommodation must not exceed four (4).
The total number of guests accommodated at any one time must not exceed eight (8).
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.
The use must be operated in accordance with the Local Law requirements for Short term letting at all times.
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.
The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable satisfaction of the Manager Development Assessment.
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.
Water Supply
The development must be provided with a potable water supply connected to each cabin.  The storage capacity of the potable water supply must be a minimum of 5000 litres per guest. The storage capacity of the potable water supply must be a minimum of 4000 litres per guest bedroom/unit/cabin.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use.
Bushfire Management
The site must be provided with a water storage reservoir having a minimum 5000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank.  If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
the domestic take off from the tank is at or above the 5,000 litre point; and
standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles.
The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose/s of sufficient length to easily reach around to all sides of the/all building/s.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks a development approval to use the existing 4-bedroom, two storey dwelling house on the subject site for the purpose of Short Term Accommodation. No changes are proposed to the existing dwelling to accommodate this proposed use. The applicant intends to use the property as a holiday home and short term let the dwelling when they are not utilising the property.
The applicant advises the following:
They will utilise a local property manager to oversee letting, management and maintenance of the premises.
Management of the property will be in line with the Noosa Council Local Law regulations for short stay rental properties.
They will prepare a code of conduct and management agreement for all guests utilising the premises for short term accommodation.
A maximum of 4 bedrooms and 8 guests.
All guests agree to the rules of the property at time of booking in the use of the swimming pool.
No events, weddings, parties, or the like are to occur on the premises.
The two-car garage and associated driveway will be available for carparking which has the potential to park more than 6 vehicles.
In support of the proposal the following is noted:
The outdoor area (alfresco) and pool area are located at the rear of the property facing away from neighbours.
The outdoor areas and pool are densely screened by vegetation and provide a significant buffer towards neighbouring properties.
The property is fully landscaped and contains significant native vegetation.

Figure 1 – Locality

Figure 2 – Ground Floor Plan

Figure 3 – Upper Floor Plan

site details
Background
There are no other recent development applications related to the subject site.
Site Description
The subject site is a rectangular shaped, 1.9 hectare lot located in Tinbeerwah. The subject site is significantly vegetated and contains an existing two storey dwelling house in the south-western corner of the lot. The site gains access from a shared access easement off Sunrise Road. The existing two storey dwelling house on the site consists of four bedrooms, three bathrooms, kitchen, living and dining areas, pool and deck areas.
Surrounding Land Uses
The subject site is surrounded by rural and rural residential lots containing dwelling houses and associated structures. Lots on the eastern side of Sunrise Road are smaller rural residential lots, while lots to the west of Sunrise Road are large rural lots.
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;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 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 Rural Living Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
SEQ Rural Living Area
Koala Habitat Area
The proposal is for urban activity within the Rural Living Area and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region. The entire site is located within the mapped Koala Priority Area with the footprint of the dwelling and the immediate surrounding area located outside the mapped core koala habitat area.  No vegetation is proposed to be removed and no new structures are proposed to be built and therefore the proposal is consistent with the applicable assessment benchmarks.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 recognises that tourism is a major component of the Shire’s economy that provides jobs and income for many residents. In the Shire’s rural and hinterland areas, the tourism focus is directed towards high quality nature-based and rural tourism experiences to diversify and balance the visitor experience across Noosa Shire. The proposed use is consistent with this strategic intent as the proposed short term accommodation supports Noosa’s tourism industry in a rural area and provides visitor accommodation in a scenic location within close proximity to both the coastal area and the hinterland.
Locality Provisions
The subject site is located in Tinbeerwah and is zoned Rural Residential. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
The Rural Residential Zone Code, Low Density Housing Code and Visitor Accommodation Code all include requirements regarding Short Term Accommodation. The relevant requirements are set out below.
Rural Residential Zone Code
6.8.4.2 	Purpose and Overall Outcomes
the purpose of the Rural residential zone is to provide for residential uses and activities on large lots, including lots for which Council has not provided infrastructure and services.
(a)	The Rural residential zone provides a high level of amenity for permanent residents.
(c)	Non-residential activities are limited to small-scale activities that are compatible with and do not impact on the rural residential character and amenity of the zone.
6.8.4.3	Assessment Criteria
PO4 Visitor accommodation:
Is at a scale and density that protects the environmental and lifestyle values of the land; and
Does not detract from the rural residential character and amenity of adjoining properties.
Low Density Housing Code
9.3.1.1	Purpose and Overall Outcomes
the purpose of the Low Density Housing Code is to ensure dwelling houses, community residences, rooming accommodation and short term accommodation (where no more than one detached dwelling on the site):
a)	are appropriately located;
b)	achieve a high level of comfort and amenity for occupants;
c)	maintain amenity and privacy of neigbouring residential premises; and
d)	are compatible with the character and streetscape of the local area.
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.
PO2
Development is located on a site with an area sufficient to accommodate the use without detracting from the character and amenity of the local area.
AO2.3
In the Rural zone or Rural Residential zone the site used for Nature-based tourism or short-term accommodation has a minimum area of 4 hectares.
The proposal does not comply with AO2.3 as the subject site is 1.9 hectares in size, however, the proposal complies with Performance Outcome PO2 as the use is located on a site that is of a sufficient size to accommodate the use and will not detract from the rural residential character of the area. The existing dwelling house is located approximately 50 metres from the neighbouring property and is well screened by existing vegetation which will assist to retain the visual amenity of neighbouring properties. The dwelling’s entertaining areas are also generally orientated away  from neighbouring properties.
There is limited short term accommodation within Tinbeerwah, and all short term accommodation properties are well separated. Due to the separation between the uses, it is considered that the proposed use will not detract from the amenity and rural residential character of the area. To further protect the amenity of the area and surrounding neighbours, it is considered appropriate to include conditions to limit and manage noise, waste and vehicle movement and parking on the subject site. Specifically, conditions will be included to limit noise to 9pm and ensure that waste storage areas are screened from public areas and carparking is provided and maintained on the property. The application has provided sufficient carparking and waste storage areas for visitors to utilise.
The proposed use aligns with the strategic intent of the Noosa Plan to facilitate short term accommodation within the rural residential area whilst maintaining the viability of rural and residential activities on the site and the surrounding area.
The subject site is located in the Biodiversity, Waterways and Wetlands Overlay within an Area of Biodiversity Significance. The proposed use will not cause any impacts or additional pressures to the biodiversity area. The subject site is also mapped in Koala Priority Area and Core Koala Habitat however no clearing is proposed and as such will not impact on these areas.
Draft Housing Strategy
A draft Housing Strategy has been prepared which includes an action plan to alleviate the impacts of the current housing crisis in Noosa. It is noted that changes to limit the amount of Short Term Accommodation in residential areas is being targeted in Medium and High Density Residential Zones and not necessarily in Rural Residential Zones. As such the proposal remains consistent with the draft Housing Strategy.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. Two (2) properly made submissions were received. Both submissions received object to the proposal. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Unsafe Vehicle Movement – Line of Sight	The proposed use will utilise the existing shared driveway which is sufficient for access to the subject site.  This matter raised does not warrant the refusal of the application.
Stormwater Discharge	No changes have been proposed to the existing dwelling and therefore the proposal will not further exacerbate stormwater discharge to surrounding properties.  This matter raised does not warrant the refusal of the application.
Use and Deterioration of Shared Driveway	It is noted in the application that the portion of the driveway near the neighbouring property is to be sealed prior to the commencement of the use on the subject site. Carparking has been provided on the subject site for visitors to use. The shared driveway will not be used for carparking. This matter raised does not warrant the refusal fo the application.
conclusion & REASONS FOR DECISION
The application seeks to use an existing dwelling house for short-term accommodation within the Rural Residential Zone. The proposal is compliant with the Planning Scheme and does not present any significant impacts to adjoining land uses and surrounding areas. The proposed short term accommodation use is identified as a consistent use within the applicable zone and while the use has the potential to detrimentally impact the amenity of surrounding properties, conditions have been included to minimise these impacts and ensure noise, waste and carparking are sufficiently managed to limit nuisance to neighbouring properties. The site is located in a Biodiversity and Koala Habitat Area; however, the proposed use will not affect any existing vegetation and will preserve these areas. As such, the proposal is recommended for approval.
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
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	09 AUGUST 2022