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2021-03-09 Planning & Environment Committee Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 9 March 2021
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Full text of sections 2 to 103 (of 173)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 PRESENTATIONS 3
4 DEPUTATIONS 3
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU20/0119 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 1/20 NANNYGAI STREET, NOOSAVILLE 4
2 51987.44.02 – MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR
ENTERTAINMENT AND DINING BUSINESS - TYPE 1 FOOD & BEVERAGES
AND A RETAIL BUSINESS - TYPE 2 SHOP & SALON – 6 THOMAS STREET,
NOOSAVILLE 30
3 MCU20/0078 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR TOURIST PARK AT 154 HOLTS ROAD, COOROY 43
4 COM20/0139 - PLANNING & ENVIRONMENT COURT APPEAL NO D199 OF
2020 - ENFORCEMENT NOTICE ISSUED TO THE PROPERTY OWNER OF 347
EASTERN BRANCH RD, KIN KIN 58
5 NOOSA TRAIL MASTERPLAN 62
6 POTENTIAL AMENDMENTS TO NOOSA PLAN 2020 RELATING TO HOUSING
CHOICE AND AFFORDABILITY 70
7 PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING – REVISED
VERSION FOLLOWING PUBLIC CONSULTATION 81
8 DRAFT CLIMATE CHANGE RESPONSE PLAN 127
6 REPORTS FOR NOTING BY THE COMMITTEE 132
9 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY 132
10 UPDATE ON NOOSA PLAN 2020 IMPLEMENTATION & MINISTER’S
CONDITIONS 139
11 PEREGIAN DIGITAL HUB – HALF YEAR REPORT TO 31 DECEMBER 2020 145
12 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE
– 2ND QUARTER 2020-21 158
7 CLOSED SESSION 173
Page 2 of 173
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1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 9 February 2021
be received and confirmed.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 3 of 173
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5 REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU20/0119 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 1/20 NANNYGAI STREET, NOOSAVILLE
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
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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
1. 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
2. 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 DA-02 Proposed Site Plan, prepared by Mercury Design 12.03.2018
03 of 14
18010 V2 Ground Floor Plan, prepared by Mercury Design 02.02.2021
04 of 14
18010 DA-02 First Floor Plan, prepared by Mercury Design 12.03.2018
05 of 14
18010 DA-02 Elevations (west), prepared by Mercury Design 12.03.2018
07 of 14
18010 DA-02 Elevations (east), prepared by Mercury Design 12.03.2018
08 of 14
18010 DA-02 Elevations (north and south), prepared by Mercury 12.03.2018
09 of 14 Design
18010 DA-02 Sections, prepared by Mercury Design 12.03.2018
10 of 14
Currency
3. 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
4. The total number of bedrooms on the site must not exceed 4.
5. No more than 8 guests may occupy the premises at any time.
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after
9pm each night.
7. 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
8. 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.
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Amenity
9. 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
10. Existing car parking on site, as detailed on the approved plans, must be maintained
and kept available for users of the short-term accommodation.
11. 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
12. 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.
13. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of general
waste from the container; and
c. 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
14. Prior to the commencement of the use written confirmation must be provided to Council
confirming:
a. 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
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of the
premises; and
d. 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.
15. 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
16. 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.
17. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
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i. 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
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent,
caravan, campervan or similar facility.
c. That each vehicle used by an user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. 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.
e. 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.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 4
to 7 of this development approval.
18. The Code of Conduct must be displayed in a prominent location at the premises so
that it can be viewed by guests.
Complaints Management
19. The contact person must maintain a record of all complaints received, identifying how
each complaint has been resolved or addressed within a reasonable time.
20. The contact person must respond to all complaints within 30 minutes of notification of
a complaint.
21. 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:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay
letting or home hosted accommodation began and ended.
22. 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:
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a. the written record of complaints referred to in condition 18; and
b. the register referred to in condition 20.
Protection of Privacy
23. To ensure privacy is protected between adjoining properties, the window located on
the upper level northern building face must either:
a. be fitted with translucent glazing; or
b. be fitted with a fixed external screen.
24. 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
1. 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:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Figure 1: Subject site
Figure 2: Locality Plan
Page 9 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Figure 3: 1/20 Nannygai Street (subject site)
Figure 4: Ground floor plans (subject site in yellow)
Page 10 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Figure 5: First floor plans (subject site in yellow)
2. SITE DETAILS
2.1. 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
Page 11 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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.
2.2. 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.
2.3. 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
3. ASSESSMENT
3.1. 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.
3.2. 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.
3.3. 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
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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
6.3.2.2 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 AO6.2
Visitor accommodation is limited to formats Short-term accommodation does not:
compatible with the character and use of the
area so as not to cause unreasonable loss of a. constitute a party house;
residential amenity, having regard to: b. create noise that would unreasonably
a. the privacy of residents on the subject impact on the residential amenity
property or adjoining properties; enjoyed by the adjoining or
surrounding properties.
b. any likely increase in noise to adjoining
properties;
c. the scale of the use and its compatibility
with the character and uses within the
property or surrounding area;
d. retention of the primary residential
function of an area;
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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 sensitive land uses; and
i. any impact on shared vehicular access
or parking.
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
(1) 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.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s
natural environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in
coastal areas and in the hinterland.
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(c) Visitor accommodation is located and designed in a manner which sensitively
responds to site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity
and natural landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or
landscape fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract
from the amenity enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to
carry out agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities
commensurate with its setting, the types of accommodation supplied and the
length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
9.3.5.3 Criteria for assessment
Location
PO1 AO1.2
Visitor accommodation is located such that it Visitor accommodation is not within 100
avoids conflicts with nearby land uses. 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 facilities1:
1 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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Figure 8: Location of visitor accommodation within proximity of the site
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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.
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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.
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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
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Principal Strategic Planner, Strategic Planning
4.3. 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:
Page 20 of 173
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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 It is acknowledged short-term accommodation
provision of critically needed long term rental utilises housing supply which could be used for
accommodation other purposes and potentially impacting on rent
Will set a precedent to approve short-term prices of the remaining housing stock to be used
accommodation in other properties, altering the for permanent rentals. However, short-term
character of the street (from residential to tourist) accommodation is a consistent land use within the
Unreasonable that dwelling unit was approved as Medium Density Residential Zone with the subject
part of a duplex and first owner seeks to use it for site being ideally located within proximity of
purpose of short-term accommodation centres, services and the river. Importantly the
No need for additional visitor accommodation in appropriate zones for short-term accommodation
this area was extensively discussed during the preparation
Short-term accommodation destroys character of of the Noosa Plan 2020. In this respect, it is
neighbourhood important to note that the Council’s intent for the
Potentially makes owning dwelling in a medium Medium density residential zone is for it to
density residential zone of Noosa, a business, not accommodate permanent residential living
a dwelling. interspersed with some visitor accommodation.
Medium density zoning may potentially allow for The principle of the proposed development is
80 or 90 applications for Short-term therefore entirely consistent with the Council
accommodation, leading to a daily increase on intent for the zone.
several hundred short-term visitors in the area. Noosa Plan 2020 requires 3 carparks to be
The amenity of the area would become a ‘tourist- provided onsite. The proposal includes a 2 car
town’, not the residential area it is today. garage, with room on the site for an additional 2
Proposed car parking is not sufficient for the use – cars to be parked. As such, the proposal is
guests will place additional parking pressure on considered to provide sufficient car parking on
Nannygai Street, exacerbating vehicle related site.
problems.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Matters Raised Comments
Loss of amenity to neighbouring properties (noise Short-term accommodation has the potential to
and privacy concerns) impact on the amenity of the surrounding area if
Permanent residents should be protected from the the use is not appropriately managed.
impacts of short-term residents Accordingly, it is proposed to include conditions
Will impact on street car parking which address amenity including the number of
Any increase in population density in Nannygai guests, hours of use of outdoor areas and
Street and surrounds would lead to more complaints management.
congestion and impact on the personal safety of It is also noted that Council is currently working on
residents in the area. 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. Impact on property values is not a matter which
Child protection – concerns regarding risks to the can be considered.
health, safety or wellbeing of the children at the The development is proposed to be conditioned to
adjoining Adeona Child Care Centre, specifically include screening on upper level windows and the
concerns relating to the possible high rate of rear balcony to increase privacy to the child care
turnover of residents / visitors, exposure to centre. Additionally, guests will be required to
inappropriate language / conversations and adhere to a Code of Conduct when utilising the
viewlines into the rear of the child care centre dwelling.
from the subject site. Sewerage infrastructure is controlled and
The proposal will lead to a greater impact on local managed by Unity Water.
infrastructure, particularly the sewerage system. A property is not required to have existing use
The property does not have existing use rights for rights to apply for a Development Permit.
short-term accommodation.
5. 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
Page 22 of 173
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Page 23 of 173
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Attachment 1
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Page 23 of 173Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Page 24 of 173
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Page 27 of 173
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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Page 27 of 173Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Page 28 of 173
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Page 29 of 173
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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Page 29 of 173Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
2 51987.44.02 – MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR
ENTERTAINMENT AND DINING BUSINESS - TYPE 1 FOOD & BEVERAGES AND A
RETAIL BUSINESS - TYPE 2 SHOP & SALON – 6 THOMAS STREET, NOOSAVILLE
Author Development Planner, Tara Norley
Environment and Sustainable Development
Index ECM / Application / 51987.44.02
Attachments 1. Proposal Plans
APPLICATION DETAILS
Application No. 51987.44.02
Development Approval Development Approval for Entertainment and Dining Business -
Type 1 Food & Beverages and Retail Business - Type 2 Shop &
Salon
Applicant Dennis Lock & Felicia Brown
Request Received On 29 January 2021
PROPERTY DETAILS
Property Address 6 Thomas Street, Noosaville Qld 4566
RP Description Lot 1 on RP161212
Land Area 653m2
Existing Use of Land Mixed use, including retail on the ground floor and residential on the
upper level.
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Not applicable
Local Plan Area Not applicable
Overlays Acid Sulfate Soils (Area 2 – 5m AHD or below)
Flood Hazard
Assessment Type Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 March 2021 regarding Application No. 51987.44.02 to make a minor
change to an existing approval for Entertainment and Dining Business - Type 1 Food & Beverages
Page 30 of 173
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
and Retail Business - Type 2 Shop & Salon situated at 6 Thomas Street, Noosaville and:
A. Approve the change in part.
B. Amend conditions 13 and 24 to read as follows:
13. 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
15.0319.1.3A A New Ground Floor Plan, prepared by June 2020
and+design
15.0319.1.4A A New First Floor Plan, prepared by and+design June 2020
15.0319.3.1A A Sections, prepared by and+design June 2020
15.0319.4.1A A Elevations, prepared by and+design June 2020
24. The building must be well articulated, with strong vertical design feature elements. The
awning located within the road reserve must include lightweight timber features. The
building must include subtle changes in colours, textures and materials to break up the
building facades, with the exception of the northern elevation which may include a
mural design. Any changes to the existing mural design and/or colour palette will
require written authorisation from Council.
C. Delete conditions 14 and 15.
D. Refuse to change condition 16 for the following reasons:
1. The subject site is within the Tourist Accommodation zone, a residential zone, and
adjoins the High Density Residential zone. Therefore, any development should be
operating within what is considered ‘reasonable hours’ to ensure any amenity impacts
of the development are appropriate and what would be expected within proximity to a
residential zone. A 6:00am opening time is not considered appropriate or to be
expected within a residential area;
2. The existing condition is in accordance with the hours of operation provisions under
Noosa Plan 2006, under which the previous application was approved;
3. The existing condition provides longer hours of operation than provisions under Noosa
Plan 2020; and
4. It is considered the earlier operating hours would result in early morning noise
nuisances to the adjoining multiple dwelling units to the east.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change an existing development approval for Entertainment and
Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon. The
applicant proposes to change five conditions:
Condition 13 – update the list of approved plans to reflect the building, as constructed;
Conditions 14 and 15 – delete specific use area and gross floor area maximums for each of
the approved uses;
Condition 16 – change the approved hours of operation; and
Condition 24 – change the condition to reflect external building work, as constructed.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
2. BACKGROUND
A development approval for an Other Change to a Development Approval for Entertainment and
Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop & Salon was
approved on 16 January 2020. The Other Change included:
a change to the originally approved ‘retail shop’ use to restaurant and shop;
a 29m2 extension to the building, which had been an existing unapproved structure; and
conversion of the existing 27m2 single car garage to use area for a restaurant.
An inspection by a Compliance Officer was carried out in December 2020, which showed the
development not complying with a number of conditions of approval. A Show Cause Notice was
subsequently issued listing the following non-compliance matters:
The subject Minor Change application was lodged on 29 January 2021 to address a number of the
non-compliances with the existing approval.
It is noted the applicant has advised that the additional non-compliances listed above are not being
addressed through this change application (screening of the cold room and line marking car
parking) as they have now been complied with.
3. ASSESSMENT
3.1. 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;
The Noosa Plan 2020.
The following codes from the Noosa Plan are applicable to this development:
Tourist Accommodation Zone Code;
Noosaville Local Plan Code;
Business Activities Code; and
Works Codes.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
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Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
the development would not result in substantially different development as the proposal does
not involve a new use or dramatically change the built form in terms of scale, bulk and
appearance;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
CONDITION 13 – APPROVED PLANS
13. 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
15.0319.1.3A A New Ground Floor Plan Aug 2019
15.0319.1.4A A New First Floor Plan Aug 2019
15.0319.1.5A A Elevations Aug 2019
Applicant’s Request
Assessment of Request
The updated proposal plans provided with the Minor Change application reflect the building, as
constructed. It is noted that changes to the internal floor layout results in a change to the
conditioned use areas and gross floor area of each approved use. This is discussed below in
Conditions 14 and 15.
The change in internal configuration of tenancies and changes to the external built form are
considered relatively minor and are therefore acceptable. It is recommended Condition 13 be
amended to read as per the request from the applicant.
CONDITIONS 14 AND 15 – APPROVED USE AREAS
14. The total use area (excluding kitchen and food storage areas) of Entertainment and Dining
Business - Type 1 Food & Beverages on the site must not exceed 54.4m2.
Page 33 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
15. The total gross floor area of Retail Business - Type 2 Shop & Salon on the site must not
exceed 209.25m2.
Applicant’s Request
It is sought that both conditions 14 & 15 be deleted.
Assessment of Request
Under Noosa Plan 2006, the subject site was zoned Visitor Mixed Use, which identified
Entertainment and Dining Business - Type 1 Food & Beverages (now defined as Food and drink
outlet under Noosa Plan 2020) as a consistent use, whilst the Retail Business - Type 2 Shop &
Salon use (now defined as a Shop under Noosa Plan 2020) was an inconsistent use within the
zone. The use area and gross floor areas of each use were therefore conditioned to ensure the
inconsistent use was limited to the specific use areas applied for under the Other Change
application.
Under Noosa Plan 2020, both uses are considered consistent uses within the Tourist
Accommodation zone, and as such the requirement to limit the ‘retail shop’ aspect of the approval
is no longer required. Additionally, the proposed internal configuration changes does not trigger
any additional car parking to be provided onsite. Therefore, it is recommended Conditions 14 and
15 be deleted.
CONDITION 16 – HOURS OF OPERATION
16. The approved uses must not operate outside the hours of 7am to 10pm, 7 days a week,
except Friday and Saturday, where Entertainment and Dining Business Uses may operate
until 12 midnight. The requirements of this condition must be included in the Community
Management Statement for any Body Corporate for the subject site.
Applicant’s Request
Amend Condition 16 to read as follows:
16. The approved uses must not operate outside the hours of 76:00am to 10pm, 7 days a week,
except Friday and Saturday, where Entertainment and Dining Business Uses may operate
until 12 midnight. The requirements of this condition must be included in the Community
Management Statement for any Body Corporate for the subject site.
Assessment of Request
Operating hours were conditioned as per Noosa Plan 2006 Probable Solution S58.2 of the Visitor
Mixed Use Zone code, which stated:
Business Uses operate only between the hours of 7am to 10pm, 7 days a week, except
Friday and Saturday, where Entertainment and dining business uses may operate until 12
midnight.
Noosa Plan 2020 reflects this requirement under the Business Activities Code, with Acceptable
Outcome AO11.1 stating:
The use or activity does not operate outside the hours of 7:00am to 9:00pm, seven days a
week, where the site directly adjoins land in the following zones:
(a) All residential zones, except for the Tourist accommodation zone
(b) Major centre zone – High density residential precinct; or
(c) Rural residential zone.
The subject site adjoins High Density Residential zoned land to the rear (refer to Figure 1).
Page 34 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Figure 1: Adjoining High Density Residential zoned land
The proposal to change the operating hours to ‘6am to 10pm, 7 days a week, except Friday and
Saturday, where Entertainment and Dining Business Uses may operate until 12 midnight’ does not
comply with Acceptable Outcome AO11.1. Corresponding Performance Outcome PO11 of the
Business Activities Code states:
Business activities are operated in a manner that avoids or minimises evening, early morning
or weekend noise nuisances to sensitive land uses, particularly surrounding residential uses.
It is considered the earlier operating hours would result in early morning noise nuisances to the
adjoining multiple dwelling units to the east. It is noted that Council has received a noise compliant
regarding one of the existing tenants at the property operating outside of the conditioned operating
hours citing amenity concerns about early start times. Additionally, the existing condition allows for
all businesses within the building to operate until 10pm, and Entertainment and Dining businesses
(now defined as Food and Drink outlet under Noosa Plan 2020) to midnight on Fridays and
Saturdays, which is in excess of the Noosa Plan 2020 provisions which requires a 9pm close time,
seven days per week, for all uses.
In addition, Council’s Strategic Planning team have also provided the following comment:
The subject site is located in the Tourist Accommodation Zone in Noosaville. Although
properties fronting Thomas St and Gympie Tce in the immediate locality are mostly
commercial premises, the area generally is surrounded by residential development, with the
site immediately adjoining the High Density Residential Zone. The Tourist accommodation
zone is considered a Residential Zone, and therefore any development should be operating
within what is considered reasonable hours to ensure any amenity impacts for the operation
are appropriate and what can be expected in the zone. The operating hours within the
planning scheme are considered to reflect this. A business operating at 5.30am which adjoins
a residential development is not considered appropriate and likely to negatively impact on
the purpose and expectations of residents in this zone.
As such, it is recommended Condition 16 remain unchanged.
CONDITION 24 – BUILDING DESIGN
24. The building must be well articulated, with strong vertical design feature elements. The
building must include subtle changes in colours, textures and materials to break up the
building facades. The proposed awning located within the road reserve must be a lightweight
structure, and the parapet reduced in height to the reasonable satisfaction of the Manager
Page 35 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Development Assessment to comply with the Noosaville Locality Code.
Applicant’s Request
Assessment of Request
The original Other Change application included images of a proposed mural located along the
northern façade of the building. The mural design was not considered appropriate for the location
of the site, whilst the proposed extension to the existing awning was not considered lightweight or
consistent with the Noosa design principles. The purpose of Condition 24 was to ensure that
alterations to the building resulted in a high quality streetscape consistent with the outcomes
sought for the area. The building has subsequently been renovated, with a mural painted along the
northern elevation (refer to Figure 2) and the existing awning being altered and extended along the
western elevation (refer to Figure 3).
Figure 2: Mural painted on northern elevation of 6 Thomas Street
Although the mural is not considered to have ‘subtle changes in colours’, it is considered to
‘incorporate design elements to add visual interest and amenity’, consistent with the Tourist
Accommodation Zone Code requirements under Noosa Plan 2020, and improves the laneway
entry to the site for both vehicles and pedestrians. As such, the mural is considered acceptable.
Page 36 of 173
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Figure 3: Updated awning along western elevation of 6 Thomas Street
Although the awning has not been reduced in height, as per Condition 24, the use of the lightweight
wooden battening on the awning is considered to ‘incorporate design elements to add visual
interest and amenity’ and provides ‘subtle changes in colours, textures and materials to break up
the building facades and complement the natural environment’, consistent with the Tourist
Accommodation Zone Code requirements under Noosa Plan 2020. As such, the alteration to the
awning is considered an acceptable built form outcome.
It is recommended Condition 24 be amended to read as follows:
24. The building must be well articulated, with strong vertical design feature elements. The
awning located within the road reserve must include lightweight timber features. The building
must include subtle changes in colours, textures and materials to break up the building
facades, with the exception of the northern elevation which may include a mural design. Any
changes to the existing mural design and/or colour palette will require written authorisation
from Council.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Strategic Planning
5. CONCLUSION & REASONS FOR DECISION
The proposal seeks a Minor Change to a development approval for a shop and restaurant at 6
Thomas Street, Noosaville.
The changes to the internal layout to the approved plans and deletion of the specific use area and
gross floor area requirements under Conditions 14 and 15 is supported due to both approved uses
being consistent in the Tourist Accommodation zone under Noosa Plan 2020.
The opening hours of operation currently conditioned are consistent with requirements of both
Noosa Plan 2006 and Noosa Plan 2020, and therefore it is recommended Condition 16 remain
unchanged.
Page 37 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
The renovation of the building has been completed, including alterations to the front awning and a
mural located on the northern elevation. These design elements are considered consistent with
Noosa Plan 2020 requirements, and as such a change to Condition 24 to reflect approval of these
changes is recommended.
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
Page 38 of 173
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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Page 39 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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Page 41 of 173Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Page 42 of 173
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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Page 42 of 173Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
3 MCU20/0078 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
TOURIST PARK AT 154 HOLTS ROAD, COOROY
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU20/0078
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Glenbrae Operations Pty Ltd
Proposal Development Permit for Material Change of Use - Tourist park
Properly Made Date 20 August 2020
Information Request Date 9 September 2020
Information Response Date 13 November 2020
Decision Due Date 5 February 2021
Number of Submissions 0
PROPERTY DETAILS
Property Address 154 Holts Rd Cooroy Qld 4563
RP Description Lot 2 RP 893989
Land Area 2.36ha
Existing Use of Land RV park
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Locality Cooroy
Zone Rural
Overlays Agricultural Land Overlay
Biodiversity, Waterways and Wetlands Overlay - Biodiversity
Overlay and Riparian Buffer
Bushfire Hazard Overlay - Potential Impact Overlay
Flood Hazard Overlay – Waterway
Landslide Hazard Overlay
Regional Infrastructure Overlay – Water Resource Catchment
and Water Supply Buffer Area
Assessment Type Impact
Page 43 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 9 March 2021 regarding Application No. MCU20/0078 for a Development Permit for
Material Change of Use - Tourist park situated at 154 Holts Rd Cooroy and:
A. Approve the application in accordance with the following conditions:
When Conditions must be Complied With
1. 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
2. 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
Site Map – Plan of Cooroy No Worries RV Stop 09.10.2020
at Lot 2 on RP 893989
Nature and Extent of Approved Use
3. No more than 20 Recreational Vehicles (RV’s, caravans, motorhomes or the like) may
stay at the site at any one time.
4. Visitor stays shall not exceed 7 consecutive nights.
5. Wastewater from communal ablutions, laundry, kitchen facilities, and the like, must be
directed to holding tanks for disposal offsite. Appropriate plumbing approvals must be
held for the associated wastewater system.
6. No on-site release of grey water is permitted.
7. The storage of vehicles (RV’s, caravans, motorhomes or the like) must not exceed a
total of three at any one time.
Visitor Education
8. Visitors must be advised of the following requirements:
a. No on-site release of grey water or other waste
b. Location of nearest dump point and potable water supply
c. All dogs must be on a leash when walked in the area and must be restrained at
all times during the stopover period
d. Owners must pick up and collect their dogs’ faeces
e. Consideration be given for residents and road users when walking in the area
f. Noise must be minimised after 8.30pm
Street Identification
9. The street address of the development must be clearly visible from the Holts Road
frontage of the site by the provision of a street number.
10. Access to the site must be clearly signed with a sign of up to 4m2.
Site Access and Driveways
11. Sealed access driveways must be provided from Holts Road to all parking and
manoeuvring areas of the development. The driveways must be generally in
accordance with Council standard drawing RS-056 and maintained by the property
owner
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Car Parking
12. 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.
13. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Stormwater Drainage
14. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
15. Stormwater drainage works and water quality devices and measures must be provided
and maintained generally in accordance with the Stormwater Quality Management
Plan included in the Stormwater Drainage for No 154 Holts Rd Cooroy Report dated
26 September 2014, Ref No: 1432 IWMP.doc, prepared by Callaghan & Toth.
Particular attention must be given to the construction and maintenance regime of the
two proposed Sediment Basins.
Earthworks and Retaining Walls
16. All earthworks and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian
Standard AS3798: Guidelines on Earthworks for Commercial and Residential
Developments.
Erosion and Sediment Control
17. The property owner must ensure non-essential, short or long term, exposure of soil is
prevented by minimising the duration of soil exposure to adverse weather conditions
and effectively turf or stabilise any exposed area without delay and prior to rainfall
occurring.
18. The property owner must ensure sediment does not leave the site or enter onto
adjoining properties or the dam on the site due to surface runoff or on tyres of vehicles
and/or machinery.
19. The property owner must implement appropriate approved erosion and sediment
control measures throughout the life of the development.
Damage to Services and Assets
20. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Waste
21. The developer must provide adequate waste storage and disposal facilities.
22. Refuse bins must not be placed on the existing road formation of Holts Road. A suitably
sized all-weather pad shall be constructed adjacent the driveway entrances to provide
for waste bin collection.
23. Public bins must be provided throughout the site to reduce littering. Bins provided must
be for refuse and recycling and be decanted into the bulk bins by the site operators.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
B. Find the following matters relevant to the assessment and sufficient reason to approve the
application:
1. The development will help to address a significant need for low-cost accommodation
for self-contained RV travellers in the Noosa area.
2. The development will provide economic and community benefit by facilitating visitation
to the Noosa hinterland.
3. The site’s location near the Bruce Highway is appropriate to cater for self-contained
RV traveller’s needs.
4. The development is suitably screened to surrounding properties and will not result in
adverse impacts on water quality entering Lake Macdonald
C. Advise the applicant that:
1. Vehicles (RV’s, caravans, motorhomes or the like) stored on the site must not exceed
3 at any one time and that any excess vehicles must be removed from the site within
3 months of the date of this decision.
2. A future application is required to obtain approval to store more than 3 vehicles.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The application seeks a Development Permit for a Material Change of Use for a Tourist Park. The
applicant proposes to allow up to 20 sites for self-contained RV’s and caravans on the premises
for short term stays for a maximum of 7 days at a time.
Caravans and RV’s are to be parked within 10m x 20m spaces on existing gravel pads throughout
the site. A storage area for RV’s and caravans is also detailed on the proposed plan. No new
infrastructure is proposed.
A copy of the proposed site plan is detailed below and included as Attachment 1.
Figure 1: Site Plan
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Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
A locality plan and aerial photograph of the site is shown below. Approximately 15 caravans/RV’s
are visible being used for accommodation on the site in the photograph taken in April 2020. A
further 25 caravans/RV’s is also visible in the proposed storage area.
Figure 2: Locality Plan (aerial)
Figure 3: Aerial photograph of site
The application is before Council due to the fact that the use is an inconsistent use as the site is
less than 10 hectares in area.
2. SITE DETAILS
2.1. Background
A wholesale nursery was approved by Council in 1997 (07818TP) and operated on the site until
recent years.
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Section 48
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
On 14 August 2014 a development application was received to use the site for the purpose of an
RV stop. On 18 December 2014 Council resolved to approve the application permitting an
Undefined Use - Temporary Short-Term Self-Contained RV Stop (20 sites).
At the time, the original application was publicly notified, 4 properly made submissions were
received (2 objections, 1 neutral and 1 in support). The objections were primarily concerned with
amenity, traffic and dogs being walked off-leash.
A temporary approval condition was applied to overcome a statutory planning conflict with an
extractive resource buffer for a mining lease (clay pit) on neighbouring land to the north. At the
time of the application the resource sat dormant but it was noted that the property owners had not
relinquished their mining rights. To address this potential conflict the applicant proposed a
temporary approval condition which provided that should the mining operation re-commence the
temporary visitor accommodation use would cease. As a consequence of the condition the
approval was to lapse on 18 December 2016. However the condition provided the opportunity for
a written request to be made to extend the approval on an annual basis having regard to the status
of the adjacent mining lease, the degree of compliance with the approval conditions herein and the
complaint history relating to the development.
The approval also included conditions which limited the length of visitor stays to 4 consecutive
nights and required all RV’s to be fully self-contained retaining all grey water and black water via
holding tanks. A copy of the original approved pan is detailed below:
Figure 4: Original Approved Plan
In May 2015 Council received complaints indicating the development was not operating in
accordance with the approval conditions and non-self-contained RV’s were staying at the
premises. A change application was lodged on 31 July 2015 seeking to resolve the associated
breach. On 21 July 2016 Council resolved to approve the change to
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No longer require RV’s using the site to be self-contained;
Extend the length of visitor stays to a maximum of 7 consecutive nights; and
Extend the lapse date until 18 December 2018.
On 9 October 2018 a written request was received to extend the lapse date of the approval by a
further 12 months. On 12 November 2018 it was agreed to extend the approval until 18 December
2019 on the basis that the mining lease remained dormant and that there had been no recent
history of breach of the conditions of the approval.
On 13 December 2018 the applicant obtained a Generally in Accordance approval to build a carport
style structure over an existing toilet block for the purpose of providing weather protection.
On 18 December 2019 the approval lapsed as no further extension application was made to
Council.
In January 2020 the applicant contacted Council seeking to extend the approval however this could
not be assessed as the application had already lapsed.
2.2. Site Description
The site is generally rectangular in shape, has an area of 2.36ha and a 250m frontage to Holts
Road. The land falls approximately 10 metres from west to east but is almost entirely terraced with
pads created for the nursery. Limited areas of mounded or sloping garden beds occur around the
perimeter of the site and between the terraced areas. A small house sits in the middle of the lot
and is surrounded by lawn and gardens.
The sites for the parking of caravans and RV’s already exist with the following facilities also in
place:
A building used for camp kitchen and office;
Caretaker’s cabin;
3 x sheds;
Amenities building; and
Centrally located dwelling.
A dam constructed within an existing local drainage line sits at the bottom of the site along the
eastern boundary. The majority of the site drains into the dam via existing swales and pipework.
Overflow from the dam flows to the north toward the continuation of Holts Road parallel with the
highway. The site is located within the southern extent of the water supply catchment area for Lake
Macdonald.
2.3. Surrounding Land Uses
The site is surrounded by rural and rural settlement properties on a mix of lot sizes generally
containing a single detached house. The previously active Nandroya quarry pit (shale and clay) is
on adjoining land to the north. The quarry has been re-profiled and substantially rehabilitated and
the mining lease has not been renewed. It is noted that a dwelling was constructed on the site in
2015.
The following image details the location of the previously active pit.
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Figure 5: Location of former pit
The Bruce Highway is approximately 250m to the east of the site, with underpass and access
ramps located 1km to the north along Holts Road. The highway access and egress is currently
being upgraded as part of the highway upgrade works. An industrial estate, known as Nandroya
Estate, sits 600m to the north between the site and the highway access. Development has
occurred on one of the 5 existing lots.
3. ASSESSMENT
3.1. 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;
The Noosa Plan 2020.
3.2. 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 Regional Landscape and Rural Production Area (RLRPA) of the SEQ
Regional Plan. Whilst the application proposes an urban activity in the RLRPA, the SEQ Regional
Plan envisages some small scale tourist parks in the rural area to support the tourism industry.
The proposal is therefore consistent with the SEQ Regional Plan provisions.
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Planning Regulation 2017
The proposal is for a tourist activity within the Regional Landscape and Rural Production Area
(RLRPA) and is not required to be against the specific provisions under the Planning Regulation
for tourist activities in the RLRPA as it does not:
result in a gross floor area of more than 5,000m2 on the premises, excluding any part of the
premises that is used for tourist accommodation or accommodation for employees; or
(ii) involve an ancillary commercial or retail activity with a gross floor area of more than
250m2; or
(iii) provides accommodation for more than 300 persons
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions
are relevant to the development.
Locality Provisions
The subject site is located in the Cooroy Locality and is zoned Rural. The proposed use is identified
as an inconsistent use with the zone and is required to follow an impact assessable application
process. The use is identified as inconsistent use for the site as it does not meet criteria for
accepted or code assessable development within the Rural Zone Code Table of Assessment,
particularly as the site is not at least 10 hectares in area.
The relevant provisions within the Cooroy Local Plan Code and the Rural Zone Code are:
Cooroy Local Plan Code
7.2.2.2 Purpose and overall outcomes
(r) Well designed development for visitor accommodation and tourist
attractions are compatible with the landscape and streetscape character
and form and promote and enhances the core values of Cooroy.
7.2.2.3 Table of Assessment Criteria (part)
PO15
A variety of visitor accommodation options are provided in the Cooroy local plan
area to meet the needs of visitors.
Rural Zone Code
6.8.3.2 Purpose and overall outcomes
(h) The establishment of outdoor recreation and small-scale tourism facilities
in suitable locations is facilitated in a manner that does not significantly
compromise the rural productivity or ecological values of the land.
The proposal is considered to align with the relevant objectives of the planning scheme as it
contributes to a range of tourist accommodation styles offered in Cooroy facilitating a specific form
of tourist accommodation which meets the needs of the travelling tourist (RV’s and caravans).
Furthermore, the site is situated part way along a dead end road with landscape screening ensuring
that the site does not detrimentally impact the landscape and streetscape character to the limited
number of persons that would pass the site. The site also has limited capacity for rural production
activities given its size being 2.3ha in area.
Land Use & Works Provisions
The application has been assessed against the relevant codes. The pertinent issues arising out of
the assessment against the codes are discussed below:
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Water Quality:
The site sits on the outskirts of the mapped Water Supply Catchment Area for Lake Macdonald.
The Cooroy Local Plan Code and Regional Infrastructure Overlay Code seek to ensure that new
development within the catchment protects water quality. The applicant does not propose new
construction works or infrastructure on the site and the development does not pose significant
water quality concerns. Self-contained vehicles staying at the site will have holding tanks for grey
water and effluent. On-site releases will be accommodated via a regulated pump out system.
Where accommodated in vehicles which are not self-contained guests will able to use on-site
facilities. Both the pump out system and on-site ablution facilities have already been installed and
the relevant plumbing approval has been obtained.
As part of the current application the applicant has provided a review of the constructed stormwater
system prepared by the consulting engineer who prepared the original design. The review
concludes that the works are generally in accordance with the original design and achieves the
desired stormwater quality outcomes.
Site area/density:
The proposal seeks 20 accommodation sites on the 2.3 hectare site. There are a number of
provisions within the planning scheme which address site area/density. Specifically:
Acceptable outcome AO2.2 of the Visitor Accommodation Code prescribes that in the Rural
Zone the site used for a tourist park have a minimum site area of 10 hectares;
Acceptable outcome AO14.2 prescribes that site density does not exceed five camping or
caravan sites per hectare; and
Acceptable outcome AO19.1 requires that self-contained camping occurs on sites at least
10 hectares in area located outside the urban boundaries.
The relevant corresponding Performance Outcomes state:
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.
PO14 The tourist park is of a size and layout that ensures:
a. it can accommodate the intended use, having regard to varying styles and
sizes of accommodation;
b. caravans and recreational vehicles can be easily manoeuvred onto or
removed from sites;
c. adequate separation is provided between occupants of sites and property
boundaries to ensure visual and acoustic privacy for occupants; and
d. guests have a level of residential amenity appropriate for short term stay.
PO19 On large properties outside the urban boundaries the overnight parking of fully
self-contained recreational vehicles is facilitated where:
b. no recreational vehicles are provided by the host or permanently parked
on site;
c. the use does not interfere with existing rural activities on adjoining premises;
d. the amenity of the surrounding area is protected; and
e. there is no adverse impact on the safety, efficiency and functioning of the
road network.
In this instance, the proposal is considered to comply with the corresponding performance
outcomes noting that:
The site is able to accommodate the number of sites whilst maintaining suitable setbacks
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from adjoining residences and retention of the sites ecological values attributed to the
waterway.
The provision of landscaping to the front of the property limits views into the site and therefore
retains the character of the local area. A significant buffer of bamboo is situated on the
adjoining property adjacent to the northern boundary.
No recreational vehicles are provided by the host or permanently parked on site.
It is unlikely that the use would impact on the use of the adjoining rural land noting that a
significant extent of the adjoining land is a thin strip of land (approx. 30 metres) which has
limited agricultural potential.
Sufficient room exists on site for the manoeuvring of caravans and recreational vehicles
whilst the visual and acoustic privacy of occupants is maintained by screening vegetation to
all property boundaries and separation from noise generating activities. Facilities situated on
site also ensure that guests have a suitable level of residential amenity.
The existing facility has been in operation for approximately 5 years and apart from some
complaints received when the facility first commenced there have been no further complaints.
A considerable separation is also provided between the accommodation sites and
surrounding residences thus ensuring the protection of the local amenity.
Further areas of non-compliance with the Visitor Accommodation Code:
The proposal also does not meet the following acceptable outcomes:
Acceptable Outcome AO14.2 which requires that the total area of all buildings and roofed
structures associated with the use does not exceed 250m2
Acceptable outcome AO19.1 which requires that self-contained camping:
b. is no closer than 100 metres from a rural activity on an adjoining property;…
d. provides guests with no power, drinking water, ablutions, cooking facilities, refuse bins
or dump point facilities; and
e. allows for no more than five recreational vehicles to be parked on site over any night.
Acceptable outcome AO19.2 which requires that guests:
a. are accommodated in self-contained recreational vehicles containing fresh water, grey
water and black water storage;…
c. stay no more than four consecutive nights.
Broadly, these provisions are intended to address the use of large rural allotments for the purpose
of RV stopovers and generally provide the framework for accepted development being for up to 5
RV’s parked on site over any night. However, the provisions also envisage that the tourist park use
be accommodated on a portion of a rural lot whilst maintaining the capacity for the rural intent of
the land to be realised and the preservation of rural character and the amenity of the area. The
subject site being only 2.3 hectares in area, situated within close proximity of the Cooroy township
and having been developed in accordance with the original approval for the tourist park purpose
naturally conflicts with these provisions.
Notwithstanding, the proposal does not interfere with rural activities on adjoining lots as primarily
these activities are limited to grazing. Furthermore, the extensive landscaping to the frontage of
the site and extensive screening on the adjoining allotment to the north and western boundaries
ensures that the visual amenity of the surrounding area is protected. Additionally the
accommodation sites are suitably separated from surrounding dwellings to protect the privacy and
acoustic amenity of nearby properties and users of the tourist park.
It is noted that the original approval limited stays to 4 nights to reflect the limitations of self-
contained RV’s to remain in place before needing to empty waste holding tanks. This was
increased to 7 days as part of a minor change application in addition to permitting the use of on-
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site ablutions as vehicles no longer were required to be self-contained. Accordingly the current
application’s proposal for guests to stay longer than 4 nights, being for a maximum of 7 nights,
does not raise concern as this is consistent with how the site has been used for the past 5 years
again noting that facilities exist on site to accommodate the effluent associated with vehicles that
are not self-contained.
The provision of guest facilities (camp kitchen, water, toilets etc.) conflicts with Performance
Outcome PO19(a) however the proposal meets the Purpose and Overall Outcomes of the Visitor
Accommodation Code as the tourist park has been designed and operated in a manner to meet
visitor needs whilst providing sufficient buffer to protect the amenity of surrounding premises and
avoid conflict with surrounding uses.
Furthermore the proposed tourist park provides for low-cost accommodation for self-contained RV
travellers in the Noosa area which was identified as a significant need at the time of the original
application. The tourist park will provide economic and community benefit by facilitating visitation
to the Noosa hinterland. It is also considered that the site’s location near the Bruce Highway is
appropriate to cater for self-contained RV traveller needs and that the development will not have
significant adverse impacts on residential amenity or water supply quality.
Riparian Buffer
At the time when the original application was approved, under the superseded planning scheme,
the Riparian Buffer did not apply to the site although a waterway was identified as dissecting the
onsite dam. Under the current planning scheme the site is affected by the Riparian Buffer and the
waterway designation remains. The following images detail the relevant mapping under the
superseded and current planning schemes.
Figure 6: Waterway designation (superseded planning scheme )
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Figure 7: Rirarian Buffer and waterway designation (Noosa Plan 2020)
Whilst the proposed development conflicts with the planning scheme by incorporating development
within the Riparian Buffer it is noted that the area is largely developed, with a dam constructed in
this area. Both structures within the riparian buffer have been in this location for at least 10 years
and previously associated with the nursery use on the site, with the shed being re-purposed to
service the tourist park use.
Storage Area
The proposed site plan includes 2 storage areas. A site inspection identifies that caravans and
RV’s are currently being stored in this area. The definition of ‘tourist park’ within the planning
scheme is:
the use of premises for—
a. holiday, accommodation in caravans, self-contained cabins, tents or other similar
structures; or
b. amenity facilities, a food and drink outlet, a manager’s residence, offices, recreation
facilities for the use of occupants and their visitors, or staff accommodation, if the use
is ancillary to the use in paragraph (a).
Notably the planning scheme definition does not include the storage of RV’s and caravans. The
storing of goods on site would be classified as ‘Warehouse’ which the planning scheme defines
as:
a. storing or distributing goods, whether or not carried out in a building; or
b. the wholesale of goods, if the use is ancillary to the use in paragraph (a).
Warehouse is an inconsistent use within the Rural Zone and subject to impact assessment. The
current application has not sought approval for Warehouse despite the storage area being shown
on the plans.
Notwithstanding, it is reasonable to expect that some users of the tourist park may from time to
time seek to store their RV’s and caravans at the site to enable them to travel and stay longer
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within the local area. In this regard, so long as the use remains a minor component of the tourist
park it can be considered to be an ancillary use. Using a small area of the site to store vehicles will
not impact on the amenity of the area due to the vegetated screening at the front boundary and
the existing vegetation on the adjoining lot. It is therefore recommended that a condition be
included requiring the storage to be ancillary with no more than 3 caravans/RV’s stored on site at
any time.
4. CONSULTATION
4.1. Referral Agencies
The application was not required to be referred to any Referral Agencies:
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineering
Environment Officer
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No properly made submissions were received.
5. CONCLUSION & REASONS FOR DECISION
The application seeks to use a small Rural zoned lot for the purpose of a tourist park, which has
been occurring on the site for the past 5 years. The use was originally approved in 2014 however
the approval included a lapsing condition which required the operator to obtain an annual extension
due to the proximity of the site to the adjoining clay pit. The operator missed the renewal timeframe
in December 2019 and accordingly the approval lapsed.
Since the time of the original approval the Noosa Plan 2020 has come into effect, and the use does
not meet a number provisions within the new scheme particularly with regards to site area, density,
length of stay, area of roofed buildings and vehicles being self-contained. A Riparian Buffer also
applies to part of the site whereas it did not apply under the superseded planning scheme.
Despite the conflict with the planning scheme the proposal is supported as the existing operation
has demonstrated that it does not impact on the amenity of the area and suitable infrastructure
exists on site to accommodate the effluent associated with those vehicles that are not self-
contained. Furthermore, the stormwater infrastructure required in the original application has been
reviewed and determined to meet water quality outcomes. Importantly, the tourist park is a valued
component of Cooroy’s visitor accommodation options with occupiers contributing to the local
economy via their use of local retail and professional services.
It is recommended that conditions be applied to address the on-going use of the site including the
provision of a storage area for caravans and RV’s which must remain minor and ancillary to the
tourist park use.
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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Page 57 of 173
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
4 COM20/0139 - PLANNING & ENVIRONMENT COURT APPEAL NO D199 OF 2020 -
ENFORCEMENT NOTICE ISSUED TO THE PROPERTY OWNER OF 347 EASTERN
BRANCH RD, KIN KIN
Author Manager, Development Assessment – Kerri Coyle
Environment & Sustainable Development Department
Index ECM/COM20/0139/Case/ Harrington Retirement Pty Ltd
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 March 2021 and seek to resolve Planning & Environment
Court Appeal No. D199 of 2020 with the owner, where agreement can be reached on satisfactory
sediment and erosion controls for the earthworks undertaken.
REPORT
On 17 February 2020, Council received a complaint concerning vegetation removal at 347 Eastern
Branch Road, Kin Kin.
The complaint was subsequently investigated by officers and the inspection confirmed that
vegetation had been cleared but also significant earthworks undertaken. The vegetation cleared
was primarily weeds and their removal did not directly offend the planning scheme. The owner was
contacted and advised that should further earthworks be undertaken on the site a development
approval would be required under the Noosa Plan 2006.
On 4 March 2020 a further complaint was lodged with Council advising that the clearing of
vegetation had continued and further earthworks had been undertaken on site. Council officers
investigated the site again and noted that significant earthworks had been undertaken to construct
additional internal additional tracks. Inspection also showed that sediment from the site had
subsequently washed down the hill into the nearby watercourse polluting the waterway.
In response, Council officers issued formal notices to the owner requiring the owner to immediately
stabilise the site, cease any further earthworks and clearing of vegetation and lodge a development
application for the earthworks.
The owners subsequently installed some hydro-mulch on site but due to the site’s significant slope
these works did not satisfactorily address the sediment and erosion issues caused by the
earthworks and no commitment was made by the owner to undertaking any further works on site.
Officers at this time sought further meetings with the owner to discuss the matter but these were
declined and the owner ceased to communicate with officers suggesting that the works were
exempt from the planning scheme as the works formed part of the site’s farming practices.
Accordingly, with all avenues exhausted, officers issued an Enforcement Notice in November 2020.
The owner has now lodged an appeal against the Enforcement Notice on technical grounds
submitting that the notice is vague and uncertain and the owner does not understand what is
required to comply with the Enforcement Notice.
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Figure 1 – Before and After Aerials of the Site
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Figure 2 – Freshly cut access track in Landslide Hazard Overlay
Figure 3 – Bend at the bottom of access track
Figure 4 – Looking down the track from the halfway point (approx.)
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Under the Noosa Plan 2006 the earthworks were carried out on land identified as Landslide Hazard
due to the site’s significant slopes. The earthworks undertaken well exceeded the accepted
development parameters of 50m3 and required a Development Permit for Operational Works. The
extent of earthworks within the Landslide Hazard area is estimated to be approximately 150 cubic
metres.
Council records indicate that no Development Permit for Operational Works has been obtained for
the earthworks.
Therefore the earthworks was undertaken in breach of the Noosa Plan 2006 and contrary to the
Planning Act 2016.
Previous Council Consideration
Nil
Finance & Risks
An onsite mediation was held with the appellant and their solicitor in early February 2021 wherein
all parties sought to resolve the matter. This included providing clear advice to the owner on the
works required to stabilise the site. Following the mediation the appellant’s solicitor has advised
that they are seeking to engage an engineer to provide further advice on the sediment and erosion
measures required. It is therefore expected that this appeal can be resolved without the need for
a trial.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Nil
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
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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5 NOOSA TRAIL MASTERPLAN
Author Principal Environment Officer, Peter Milne
Environment and Sustainable Development Department
Index ECM/Heritage Trails/Noosa Trail Network
Attachments 1. Noosa Trail Masterplan (54 page attachment provided separately to this
agenda)
2. Noosa Trail Masterplan Stakeholder Group Draft Terms of Reference
3. Noosa Trail Network Brochure (attachment provided separately to this
agenda)
EXECUTIVE SUMMARY
Not applicable
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 9 March 2021 and
A. Note the update on the development of the Noosa Trail Masterplan, the establishment of the
Noosa Trail Masterplan Stakeholder Reference Group and the grant funded Trail 5 Upgrade
project; and
B. Adopt the Noosa Trail Masterplan for the purposes of enabling further detailed planning to
be undertaken.
REPORT
The Noosa Biosphere® Reserve Foundation (NBRF) provided funding for Tourism Noosa to
develop a Noosa Trail Masterplan in 2019. Tourism Noosa engaged consultants to develop the
Masterplan in consultation with community interest groups and the Plan was finalised in early 2020
(see Attachment 1). The purpose of this report is to inform Council of the recommendations
identified in the Masterplan and provide an update on the progress of its implementation.
1. Noosa Trail Masterplan recommendations
The current Noosa Trail Network is located largely in the hinterland on Council road reserve, but
also on National Park and State Forest and some small sections on private land with permission
from the landowners (see Map 1 below). The trail is used by residents and visitors, providing
opportunities for horse riding, mountain biking, running, walking and in some areas canoeing.
Annual events such as the Great Noosa Trail Walk are very popular.
Consultants assessed the Noosa Trail Network, and advise that in its current form and condition
the trail did not meet the standard expected by today’s trail user markets and failed to sufficiently
capitalise on Noosa’s high quality and unique environs (page 40 of the Masterplan).
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Map1. Current Noosa Trail Network. National Park coastal trails are also shown in green.
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The Masterplan aspires to grow, connect and leverage on the current trails in the Noosa Shire and
deliver quality experiences and accessibility and connectivity for multiple user groups. It aims to
provide a diverse range of high-quality trails and become a high visibility compelling destination for
outdoor active visitors across intrastate, interstate and international markets.
To achieve these aspirations the Masterplan makes a number of recommendations. These are
summarised below:
Establish a steering committee (initially a stakeholder group) to guide the delivery of the
Noosa Trail Masterplan
Identify funding models for trail capital and operational works
Investigate opportunities for new trail events
Help support local business through marketing, promotion and re-branding of the trail
network
Design the trail to accommodate trends in outdoor adventure and nature based tourism such
as growth in mountain bike and E-bike use
Designate Pomona as a ‘Trail Town’ hub for the trail network
Improve trail head facilities at town centres
Investigate recreation opportunities to utilise the Yurol-Ringtail State Forests transfer to
National Park
Consider Kin Kin as a focus area for equestrian experiences
Given its proximity to Noosa Heads designate Wooroi, Tewantin, Pomona, Ringtail Creek
and Boreen Point areas as a focus for trail development
Investigate opportunities to connect Mt Tinbeerwah and Tewantin National Park with the
wider trail network
With upgrades to the Lake McDonald dam, consider opportunities for this area being a main
trail head/hub for the wider network.
Establish a Cooran-Pomona Trail along the railway reserve (Note: this option is currently not
supported by the land owner Queensland Rail or Council staff)
Investigate future trail opportunities in Woondum National Park and other hinterland areas,
particularly for a high quality mountain biking experiences
Revise Noosa Trail Network branding and signage
Note that these recommendations are being discussed with a Noosa Trail Masterplan Stakeholder
Group, Queensland National Parks and Wildlife Service (QPWS) and Council internal staff. The
delivery of these recommendations are subject to investigation, feasibility assessment and
Council/QPWS consent and approval processes.
2. Noosa Trail Network projects
Trail audit
As recommended by the Masterplan, Noosa Council has allocated funding to undertake an audit
on the trail network. The audit will assess condition, alignment, user suitability and connectivity
with other networks. This part of the project will inform design and delivery of on-ground works at
various locations along the network. Suitable suppliers have been invited to supply quotes to
undertake the audit and it is anticipated that auditors will start in March 2021.
Pomona to Cooran Trail 5 (Cooroora Trail) upgrade
In October 2020, Council was successful in receiving $1.61m of Federal and State Local Economic
Recovery (LER) funding to deliver Stage 1 of works identified within the Masterplan, an upgrade
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of the current Trail 5 Pomona to Cooran section. The trail also doubles as a fire trail and any works
such as erosion control, gravelling and widening will help facilitate access by emergency crews
when responding to bushfire.
Grant funding also covers upgraded trail head facilities including car parking, a shelter shed,
signage, bike racks and horse riding facilities. The nature, type and location of these facilities are
currently being investigated. It is anticipated that design work will commence May to August 2021
and construction is planned to start October 2021. This largely involves trail head facilities, signage
upgrades and trail erosion control. As part of their engagement contractors will be required to draft
an MOU between Council and QPWS to clearly define management arrangements for land under
control by both agencies.
Also included in the grant is a potential Mt Cooroora circuit and Tuchekoi mountain bike trail
circuits. Although not specifically identified in the Masterplan, some stakeholders have requested
consideration of shorter loop trails, particularly for walkers close to town centres. These two
initiatives are subject to detail feasibility assessment and consent of land owners, in this case
QPWS.
Noosa Trail Masterplan
The current Noosa Trail Masterplan provides strategic direction for the development of the Noosa
Trail Network. Design elements from the Stage 1 Trail 5 upgrade project, will help inform the
development of a more detailed Masterplan that identifies the final scope, location and alignment
of the broader Noosa Trail Network. Branding and sign design will be an important part of this
project.
The Infrastructure Services team have developed a draft Project Management Plan to guide project
delivery for the above projects.
3. Governance
Governance arrangements are similar to the Noosa Cycling and Walking Strategy project.
Noosa Trail Masterplan Stakeholder Reference Group
A Noosa Trail Masterplan Stakeholder Reference Group was formed in late December 2020 with
representatives from Community interest groups, Council (Community Development, Environment
Services, Infrastructure Services), Tourism Noosa, Landcare, commerce/business organisations,
outdoor and nature-based tourism/adventure groups representing horse riders, mountain bike
riders, bushwalkers and canoeists. Three Councillors from the Noosa Cycling and Walking
Strategy Control Group are able to attend stakeholder group meetings as observers. The role of
the stakeholder group is to facilitate wider community input into the Masterplan and the Trail 5
upgrade project. A Draft Terms of Reference for the group is shown Attachment 2.
Project Working Group
An internal Project Working Group has been formed for project delivery and consists of Council
staff from Infrastructure Services, Environment Services, Community Services and an officer from
QPWS.
Project Control Group
Recommendations from the Noosa Trail Network Stakeholder Group and the Project Working
Group will be considered by the Project Control Group which consists of the Director of
Infrastructure Services and three Councillors. Any projects that impact on Council operational
funding will need consideration by Council’s Executive Team.
It is anticipated that a Detail Masterplan will be provided for Council consideration once the
preferred locations, types and standards of the trail are finalised by the stakeholder group and
Councils internal Project Working Group.
Previous Council Consideration
Nil.
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Finance
Currently the Noosa Trail Network has a Council operational budget of $120,000 per annum (both
labour and materials) per annum which is insufficient to maintain the trails to a high standard given
their 103km extent. The Masterplan calls for a rationalisation of the trail network with a greater
focus on quality rather than quantity. One of the key recommendations is to investigate funding
models to develop and maintain the trail network. One of the roles of the Noosa Trail Masterplan
Stakeholder Group is to investigate different funding models.
Risks & Opportunities
To make the Noosa Trail Network a ‘World Class’ attraction, the trail may need to be expanded to
showcase all of Noosa’s iconic destinations including coastal areas. There is a risk that expansion
of the trail network would increase Council and QPWS maintenance obligations. Any expansion of
the trail network would be contingent on a financial business case for funding for the ongoing
maintenance of the trail on National Park and Council land.
There is an opportunity to develop the Noosa Trail Network to a ‘World Class’ standard,
showcasing the Noosa Biosphere® key iconic destinations and attractions from the hinterland to
the coast. The Noosa Trail Masterplan Stakeholder Group has been discussing the possibility of
naming the trail as the ‘Noosa Biosphere® Trail’ for branding and marketing purposes. This would
generate greater commercial interest and provide a more robust business case for funding ongoing
trail maintenance on Council and QPWS land.
Consultation
External Consultation - Community & Stakeholder
To progress delivery of the Masterplan a Noosa Trail Masterplan Stakeholder Group has been
established to allow consideration of broad community interests to inform the development of a
more detail Masterplan. Stakeholder group meetings were held on November 2020 and February
2021. The first meeting was attended by members of the following organisations:
Bike On
Cooran Earth Rights
Cooroy Future Group
EcoTek
Kin Kin Bush Trails
Kin Kin Community Association
Noosa and District Landcare
Noosa Biosphere® Reserve Foundation
Noosa Museum
Noosa Trailblazers
Noosa Parks Association
Pomona & Districts Chamber of Commerce
Rideism
Spoke ’n’Trail
Sunshine Coast Area Trail and Endurance Riders
Tourism Noosa
Tri-adventures
Tropical Treks
In discussions with Kabi Kabi representatives, they have indicated a preference for formal
engagement when there is more detail around the Masterplan.
A public consultation process is recommended for the Trail 5 upgrade project and the Detail
Masterplan, once trail alignments and concept designs are finalised. This can be presented through
roadshows with support from stakeholder group members. A report will be provided to Council at
a later date.
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Internal Consultation
See below
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
x Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment x Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning x Infrastructure Planning,
Design and Delivery
x
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Attachment 2
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Attachment 2
Noosa Trail Master Plan (NTMP) Stakeholder Group Terms of Reference
Background
The Noosa Biosphere Reserve Foundation (NBRF) provided funding to Tourism
Noosa to develop the Noosa Trail Masterplan (NTMP) which was completed in early
2020. Tourism Noosa and Noosa Council are working collaboratively to implement
the recommendations of the Master Plan. To progress delivery of the Plan a NTMP
Stakeholder Group has been established to allow consideration of broad community
interests to inform the development of a detail master plan. The detail master plan
will identify preferred trail locations and inform on-ground trail works subject to
Council and QPWS consent.
In October 2020 Council was successful in receiving $1.61m of Federal and State
Local Economic Recovery (LER) funding to deliver, Stage 1 of the Master Plan, the
Pomona to Cooran Trail 5 upgrade. Funding also covers upgraded trail head
facilities, a potential Mt Cooroora circuit (subject to feasibility assessment) and
mountain bike trail circuits (also subject to feasibility assessment).
In-scope:
The NTMP Master Plan largely covers earth/gravel/rock, nature-based trails on public
land including road reserve and National Park, witha small percentageon private
land.
Out-of-scope:
Formed and hardened cycle and pathways are generally not covered as identified by
the Noosa Walking and Cycle Strategy. However, where vital linkages are required
to maintain trail connectivity and earth/gravel/rock surfaces are not available, formal
paved surfaces may be used.
Legal status
No legal status, recommendations to management and Council only.
Objectives
To help guide.the implementation of the Noosa Trail Masterplan recommendations.
Membership
Community interest groups, Council (Community Development, Environment
Services, Infrastructure Services, Economic Development, Councillors), Tourism
Noosa, Landcare, commerce/business organisations, representatives from outdoor
and nature-based tourism/adventure groups, horse riders, mountain bike riders,
bushwalkers, canoeists
Role and activities
e Review Noosa Trail Masterplan
e Inform trail audit process conducted by consultants
e Investigate opportunities for trail closures, new extensions and circuits
e Agree on trail construction standards and maintenance requirements in
consultation with QPWS, Council infrastructure services and user groups
e Investigate branding/information for directional and interpretive sign
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
e Investigate opportunities to improve trail access and connections between
townships and trail heads
e Investigate opportunities to strategically link the Noosa Trail Network to other
trails and pathways (e.g. Cooloola Great Walk, Noosa Walking and Cycling
Network)
e Investigate funding business models to support trail maintenance programs
e Provide recommendations to Council for consideration and potential adoption
of final trail network locations and trail head facilities.
Chair
Chair: Noosa Council Principal Environment Officer.
Deputy Chair: Tourism Noosa Head of Tourism Sustainability & Program Design
Meetings
Starting November 2020, the NTMP Stakeholder Reference Group meets every 3
months
Minutes
Notes and presentations from meetings are\provided to members
Conflicts of interest
Any conflict of interest (e.g. a member.plans to be a contractor for trail works), must
be stated by the NTMP member and thatperson may need to remove themselves
from the group.
Publicity
Any media statements are to be run past the NTMP Group prior to release
Relevant information
¢ Noosa Trail Master Plan website
https //www_noosa.qid goviau/services*facilities/parks-facilities/noosa-trail-
network ;
¢ Walking & Cycling Strategy
https://Wiw noosa.qid'goy .au/homepage/195/walking-and-cycling-strategy
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6 POTENTIAL AMENDMENTS TO NOOSA PLAN 2020 RELATING TO HOUSING CHOICE
AND AFFORDABILITY
Author Principal Strategic Planner, Rowena Skinner
Environment and Sustainable Development Department
Index ECM / Subject / Noosa Plan 2020
ECM / Project & Contract / Amendments to Noosa Plan 2020
Attachments Nil
EXECUTIVE SUMMARY
At its Special Meeting of 16 July 2020, Council adopted Noosa Plan 2020 and resolved to monitor,
over the subsequent 2 year period, the effectiveness of its provisions to enable the delivery of
housing choice and affordability. Specifically, monitoring if Noosa Plan 2020 is helping to meet the
diverse housing needs of the community, including housing for those on low incomes, with special
needs or in identified groups in need of community and affordable housing.
With the rapid change in the housing market through the second half of 2020 a more immediate
review was required with specific consideration given to certain properties and planning scheme
provisions in an effort to facilitate social housing outcomes.
As requested by Council in December 2020 staff have identified a range of amendments to Noosa
Plan 2020 to accelerate the provision of social housing, including both public and community
housing.
RECOMMENDATION
That Council note the report on Potential Amendments to Noosa Plan 2020 relating to Housing
Choice and Affordability by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 9 March 2021 and
A. Prepare amendments to Noosa Plan 2020 in line with the actions outlined in parts 2.1 to 12.1
of the report, in accordance with Division 2 of the Planning Act 2016; and
B. Update the Noosa Council Housing Needs Assessment prepared by Briggs & Mortar Pty Ltd
in 2017 with regard to the provisions of Noosa Plan 2020 and the local housing situation and
trends.
REPORT
1 State Policy Context
The State Planning Policy (SPP) requires that diverse, accessible and well-serviced housing, and
land for housing, is provided and supports affordable housing outcomes. State Interest policies for
planning schemes in support of this position include the following:
(a) Land for housing development and redevelopment in areas that are accessible and well-
connected to services, employment and infrastructure is identified.
(b) The development of residential land is facilitated to address and cater for all groups in the
current and projected demographic, economic and social profile of the local government
area, including households on low to moderate incomes.
(c) A diverse, affordable and comprehensive range of housing options in accessible and well-
serviced locations, is facilitated through:
appropriate, responsive and proactive zoning
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supporting an appropriate mix of lot sizes and dwelling types, including housing for seniors
and people requiring assisted living
considering incentives to promote affordable and social housing outcomes, particularly in
areas in close proximity to services and amenities
The drafting of Noosa Plan 2020 was informed by a Housing Needs Assessment for Noosa Shire,
prepared (by Briggs & Mortar Pty Ltd) in accordance with the requirements of the SPP 2016 State
Interest Guideline, Housing Supply and Diversity. Statistical research and industry consultation
undertaken as part of that study is now 5 years old and is considered due for some review.
In the preparation of Noosa Plan 2020, every effort was made to meet the State government’s
policy outcomes for housing affordability with the inclusion of social housing provisions on key
development sites. Specifically, the draft planning scheme, placed on public notification in 2019,
sought to require development on land at Noosa Business Centre and the former Noosa Bowls
Club site in Noosa Junction, contribute towards the social housing needs of the Noosa community,
in the order of 1 in 10 dwellings (distributed across the site) dedicated to a registered housing
provider at no cost to the provider or Council. Unfortunately, a Ministerial Condition requested this
outcome be redrafted to only require that “dwellings are provided to meet the needs of different
households”. Dedication of social housing and affordable housing is limited to an acceptable
outcome.
Since mid-2018, when the draft scheme was submitted for first State Interest Review, housing has
become more expensive and permanent rental accommodation in higher demand. The current
housing climate has prompted staff to recommend Council initiate amendments to Noosa Plan
2020 to facilitate the development of further housing choice for residents with specific needs or
lower incomes, close to employment, services and facilities they depend on.
A range of amendments are proposed to Noosa Plan 2020 to:
(a) require small dwellings within close proximity of centres
(b) change the land use zone of key sites within or in close proximity of centres
(c) amend anomalies in planning provisions relating to housing
(d) reflect development approvals
Proposed amendments are summarised below:
2 Definitions
Noosa Plan 2020 includes the administrative definition of “affordable housing” as per the Planning
Regulation 2017. However, while “social housing” is referenced and described via an editor’s note,
no Schedule 1 definition is included.
The State Interest guidance material on Housing Supply and Diversity states that an adequate
supply of social housing is important to create social and economic diversity and productivity within
local communities. It calls for incentives to promote affordable and social housing outcomes,
particularly in areas in close proximity to services and amenities.
It is therefore recommended the definition of Social Housing within the Glossary of the State’s
guidance material form the basis of an administrative definition within Noosa Plan 2020.
Public Housing is defined in the Planning Regulation 2017 and the definition should likewise be
included in Noosa Plan 2020. For completeness Community Housing should also be defined.
2.1 Proposed amendment:
Include the following administrative definitions in Schedule 1 Table SC1.2.2:
Social housing means housing for the residential use of vulnerable people on low incomes
or with special needs, other than crisis accommodation, that is either provided by:
- the state as public housing; or
- an entity other than the state (e.g. a not-for-profit organisation) as community housing.
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Public housing means housing—
- provided by, or for, the State or a statutory body representing the State; and
- for short or long term residential use; and
- totally or partly subsidised by the State or a statutory body representing the State.
Community housing means social housing that is not public housing.
Remove the editor’s notes relating to Acceptable Outcome 21 within Table 6.3.3.3 and
Acceptable Outcome 80 within Table 6.4.1.3 as the new definitions will make these
redundant.
3 Small dwellings terminology
Schedule 1 of Noosa Plan 2020 contains the following administrative definition of small dwellings:
Small dwelling means a dwelling that has no more than 100m² of gross floor area.
When Noosa Plan 2020 was first drafted this was limited to 90m2 but was increased to 100m2
following consideration of submissions.
Various tables of assessment referenced a specific maximum gross floor area (GFA) for a dwelling
or dwellings rather than applying the defined term of small dwellings. Some were updated and
some were inadvertently missed and as a consequence still reference a maximum GFA of 90m2.
For clarity and consistency, it is preferable the defined term be used rather than individually
nominating the maximum GFA. Therefore, references to 90m2 or 100m2 within the tables will be
removed and instead it will refer to small dwellings as defined.
Notwithstanding the above, some dwellings, such as caretaker’s accommodation within industrial
estates, are deliberately limited to 65m2 GFA. These specific limitations will remain.
3.1 Proposed amendment:
Amend the following Tables of Assessment for Material Change of Use so that under the
Accommodation activities use categories, individual references to limitations of either 90m 2 or
100m2 gross floor area are deleted and replaced with references to small dwellings:
a. Table 5.5.4 Tourist Accommodation zone
b. Table 5.5.5 Major Centre zone where not in a precinct
c. Table 5.5.5.2 Noosa Junction Hospitality precinct
d. Table 5.5.5.6 Noosa Business Centre – Village Mixed Use precinct
e. Table 5.5.6 District Centre zone
f. Table 5.5.6.1 Health and Wellbeing precinct
g. Table 5.5.7 Local Centre zone
h. Table 5.5.8 Neighbourhood Centre zone
i. Table 5.5.11 Community Facilities zone
4 Small dwellings around centres
Noosa Plan 2020 includes a Strategic Intent for housing to meet diverse needs of the community
and particularly notes the intent for small dwellings close to centres. It is suggested given the nature
of the local housing market that for this to be realised it is necessary to specifically require small
dwellings where in close proximity to centres
As indicated earlier within this report it has been the intention of Council to require a proportion of
new housing at the former bowls club in Noosa Junction and the Noosa Business Centre, the
Shire’s two major activity centres, to be affordable housing and specifically social housing. It is
considered the performance outcome needs revision to clarify this.
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4.1 Proposed amendment:
Within Tables 6.3.3.3 (High Density Residential Zone) and Table 6.4.1.3 (Major Centre Zone)
amend the Performance Outcome of each table that relates to Housing Diversity and Affordability
so that it specifically refers to provision of affordable housing and social housing and not just
dwellings that meet the needs of different households.
Within the Dual Occupancy and Multiple Dwelling Code (Part 9.3.3) add a new overall outcome
and performance outcome as below:
Overall Outcome: Multiple dwellings close to centres include small dwellings to cater for small
households including those on low incomes.
Performance Outcome: Where not in a centre zone but located within 200 metres of land
within a centre zone, multiple dwellings consist substantially of small dwellings.
Acceptable Outcome: Multiple dwellings within 200 metres of land within a centre zone have
a ratio of at least one small dwelling to every other dwelling.
5 Secondary dwellings
The provisions within Noosa Plan 2020 relating to secondary dwellings may not be clear enough.
Secondary dwellings are not to be a second dwelling house on the property and must remain
subordinate to the primary house. In instances where the primary house is very large the extra
qualifier is necessary to prevent quite sizable dwellings.
5.1 Proposed amendment:
Add a performance outcome to the Rural and Rural Residential zone codes to specifically
address secondary dwellings, as below:
Performance Outcome: A secondary dwelling is small and provides permanent housing for
an extended family member or other member of the household resident in the dwelling house.
Acceptable Outcome 1: No more than one secondary dwelling is provided on any site
regardless of site area.
Acceptable Outcome 2: A secondary dwelling:
has a maximum gross floor area of 65m²; and
has no more than two bedrooms.
In performance outcomes relating to secondary dwellings within the various residential zone
codes specify that secondary dwellings are small.
6 Doonella Street Tewantin
The centre of Tewantin includes land which has a history of various zones and preferred land uses.
In Doonella Street, behind the main street are properties in the District Centre Zone however the
Community Facilities zone is a more appropriate zone to facilitate social housing while still allowing
for community uses such as medical centres or carparking. Two of these properties are the subject
of a current development application for 19 residential units as well as other uses.
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6.1 Proposed amendment:
Amend Zone Map ZM-11 by including Lots 32 and 33 on RP893427, Lots 903 and 904 on
T1631 and Lot 2 on RP80918, in Doonella Street Tewantin, in the Community Facilities Zone
and annotating them for Multiple dwellings (small dwellings only), Rooming accommodation,
Health care service, Office, Parking Station.
Amend Tewantin Local Plan Code to reflect the intent these sites contribute to community
outcomes including social housing and are no longer part of the Activity Centre zone. For
instance:
(a) adding a new overall outcome as follows:
(u) Housing choice in the form of residential care and social housing is enhanced
through the Community Facilities Zone
(b) adding a new performance outcome as follows:
PO12 Where sites in the Community Facilities zone adjoining or with access via
Doonella Street are developed for multiple dwellings they take the form of small
dwellings only and incorporate affordable housing and social housing for permanent
residents.
7 Goodchap Street Noosaville
At the time Noosa Plan 2020 was drafted, approval for the Arcare aged care facility had not yet
been issued, however as the development is now complete and the use commencing, the zoning
of the site should be updated to reflect the approved use to Community Facilities Zone.
7.1 Proposed amendment:
Amend Zoning Map ZM-12 by including 52 Goodchap St, Noosaville, (described as Lot 1
SP308180) in the Community Facilities Zone annotated for Residential care.
8 Carramar, Cooroy Noosa Road, Tewantin
Carramar Noosa Care, located at 186 Cooroy Noosa Road Tewantin has development approval
for expansion and construction is underway for an additional 32 beds. While most of the aged care
site is within the Community Facilities Zone, annotated for residential care, the north eastern
portion where the expansion is underway is currently zoned Environmental Management and
Conservation and sits outside the Urban boundary and Priority Infrastructure Area.
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As part of site development, a newly created Lot 100 to the east was excised and dedicated to
Council for environmental purposes, reflecting the conditions of the site. The realignment of
mapping should occur to reflect the development approval and 2019 lot reconfiguration. Lot 2
contains a 689 square metres of land protected through an easement (shown as EMT B on the
plan below). This portion only would remain in the Environmental Management and Conservation
Zone.
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8.1 Proposed amendment:
Amend Zoning Map ZM-11 (Tewantin) by:
o realigning the zone boundaries as they relate to Lots 2 and 100 on SP315346 at 164
and 186 Cooroy Noosa Road, specifically expanding the Community Facilities Zone
(Residential Care) zone across most of Lot 2 and ensuring all of Lot 100 is in the
Environmental Management and Conservation zone.
o realigning the Urban Area Boundary to include all of Lot 2 SP315346
Amend the Coastal Area (Tewantin) Priority Infrastructure Area (PIA) & Service catchment
Part 4 – Local Government Infrastructure Plan map to include all of Lot 2 SP315346 within
the PIA Boundary and Service Catchment
9 Ben Lexcen Drive Sunrise Beach
The seven properties of 36 - 48 Ben Lexcen Drive are opposite the neighbourhood centre, public
transport, schools and community facilities and form a natural extension of the Medium Density
Residential zone that already extends down Lipton Street to Ben Lexcen Drive. Extension further
south is not recommended as the road reserve and sight line conditions change.
Four of these seven properties are likely to redevelop for public housing units in the short term
under the Medium Density Residential Zone because of their ownership by Department of Housing
and Public Works. The remaining three sites are more likely to redevelop in the longer term given
the separate private ownership and existing improvements on site, and therefore less likely to be
a short term outcome.
9.1 Proposed amendment:
Amend Zoning Map ZM-14 by including 36 to 48 Ben Lexcen Drive Sunrise Beach within the
Medium Density Residential Zone.
10 Garnet Street Cooroy
The lots shown below at 21 – 25 Garnet Street are included in the Low Density Residential Zone
but already include dual occupancies and “Cooroora Lodge” and form a logical extension of the
Medium Density Residential Zone to the east. Further expansion of the Medium Density
Residential Zone westward would be hampered by environmental values mapped as MSES.
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10.1 Proposed amendment:
Amend Zoning Map ZM-10 by including properties at 21, 23 and 25 Garnet Street Cooroy within
the Medium Density Residential Zone.
11 Relocatable Home Parks
Noosa Plan 2020 currently limits the zones where relocatable home parks are a consistent use.
The use of “relocatable home park”, as defined in the Planning Regulation 2017 is the use of
premises for—
(a) relocatable dwellings for long-term residential accommodation; or
(b) amenity facilities, food and drink outlets, a manager’s residence, or recreation facilities
for the exclusive use of residents, if the use is ancillary to the use in paragraph (a).
This is distinct to the use of “retirement facility” which is defined as follows:
retirement facility means a residential use of premises for—
(a) accommodation for older members of the community, or retired persons, in
independent living units or serviced units; or
(b) amenity and community facilities, a manager’s residence, health care and support
services, preparing food and drink or staff accommodation, if the use is ancillary to the
use in paragraph (a).
Notably, neither of these definitions speak of property tenure or building materials.
A relocatable home park places no limit on the age or any other category of potential occupants,
whereas if a property is to be developed for independent living for residents over a certain age
(e.g. 55) it would more properly fall under the land use definition of retirement facility regardless of
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how dwellings are designed or constructed. Retirement facilities can operate through either the
Retirement Villages Act 1999 or the Manufactured Homes (Residential Parks) Act 2003. These are
distinguished by their different ownership and tenancy arrangements.
Both uses are consistent in the Medium Density Residential Zone, subject to impact assessment,
with the exception that where an existing relocatable home park exists it has been protected for
that purpose.
Retirement Facilities are listed as a consistent use in the Community Facilities Zone (subject to
code assessment if specifically annotated, otherwise subject to impact assessment). It is
considered appropriate to extend the same provision to Relocatable Home Parks, as there is no
planning reason to facilitate one but not the other.
11.1 Proposed amendment:
Amend the Table of Assessment for Material Change of Use in the Community Facilities Zone
(Table 5.5.11) by listing Relocatable Home Park as a consistent use subject to assessment as
follows:
Categories of development and Assessment benchmarks for
assessment assessable development
Relocatable Code assessment
home park If on a site specifically annotated for that Applicable Local Plan Code
use on a zone maps included in schedule Community Facilities Zone Code
2. Special Residential Code
Works codes
Impact assessment
If:
(a) not otherwise code assessment; and
(b) not located on Lot 3 SP246584.
12 Dwelling house on existing rural and rural residential blocks
The State Interest Policy on Agriculture requires that growth in agricultural production and a strong
agriculture industry is facilitated by locating new development (such as sensitive land uses) in
areas that avoid or minimise potential for conflict with existing agricultural uses through the
provision of adequate separation areas or other measures. The guidance material suggests a land
use strategy that dwelling houses in rural areas are located so that adjacent existing and potential
agricultural enterprises are not constrained.
Consequentially Noosa Plan 2020 contains acceptable outcomes in both the Rural and the Rural
Residential Zone codes that specify sensitive land uses are separated from adjoining land mapped
as Agricultural Land Conservation Area. The relevant specific acceptable outcomes called up as
requirements for a dwelling house are as follows:
Rural Zone Code:
AO2.4
No sensitive land use is established closer than 200 metres from land on an adjacent property
included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in
Agricultural Land Overlap Maps in schedule 2.
AND
AO8.5
On properties over 2 hectares in area, a distance of not less than 200 metres is provided between
a sensitive land use and land on an adjacent rural zone property over 4 hectares in mapped
Agricultural Land Conservation Area.
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Rural Residential Zone Code
AO2
A distance of not less than 100 metres is provided between a sensitive land use and land within
the Rural zone that:
1. is mapped as Agricultural Land Conservation Area on the Agricultural Land Overlay maps in
Schedule 2; and
2. has a property area greater than 4 hectares.
While a dwelling house is generally accepted development (assessed by a building certifier) in
these zones, non-compliance with these acceptable outcomes is forcing applicants to lodge a code
assessable application for Material Change of Use with Council.
12.1 Proposed amendment:
Amend Table 5.5.13, Table of Assessment for MCU in the Rural Zone so that AO2.4 and 8.5
of the Rural Zone code are not listed as requirements for accepted development for a
dwelling house.
Amend Table 5.5.14, Table of Assessment for MCU in the Rural Residential Zone so that
AO2 of the Rural Residential Zone code is not listed as requirements for accepted
development for a dwelling house
Previous Council Consideration
Ordinary Meeting Minutes, 17 December 2020, Page 2, Item 1
That Council note the Mayoral Minute provided to the Ordinary Meeting dated 17 December 2020,
and:
A. Request the CEO to review existing Noosa Council land assets to determine if any such land
would be appropriate for the development of social housing;
B. Request the CEO to incorporate consideration of priority sector employee housing within the
upcoming review of the Local Economic Plan;
C. Request the CEO to bring forward a report to a future Council meeting identifying potential
amendments to the planning scheme to accelerate the provision of suitable community
housing;
D. Council continue to negotiate with State and Local community housing providers in the
development of an economically efficient model to achieve a mix of public, social and private
affordable accommodation within community housing developments; and
E. Council continue to work closely with State Member Sandy Bolton and her Housing Action
Group.
Special Meeting 16 July 2020
At its Special Meeting at which Council adopted the Noosa Plan 2020 it was also resolved Council
would monitor over the next 2 years the effectiveness of the provisions of the Noosa Plan 2020 in
enabling the delivery of housing choice and affordability to meet the diverse needs of the
community, specifically housing for those in our community on low incomes, with special needs or
in identified groups in need of community and affordable housing.
Ordinary Meeting 20 April 2017
Council resolved to note the report by the Principal Strategic Planner to the Planning &
Environment Committee Meeting dated 11 April 2017 and endorse the Housing Needs Assessment
prepared by Briggs & Mortar for the purpose of informing the drafting of the new planning scheme.
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Finance
With the exception of staff time and associated costs of planning scheme amendments (such as
advertising), there are no financial implications for ratepayers in general for scheme amendments.
A review of the Housing Needs Assessment would benefit from the involvement of social planners
and therefore would incur professional consultant fees.
Risks & Opportunities
The proposed amendments to Noosa Plan 2020 provide an opportunity to increase housing supply
for smaller dwellings and housing affordability. Should Council not proceed with the amendments,
development for additional smaller dwelling will be more limited.
Consultation
External Consultation - Community & Stakeholder
Community consultation will occur as a mandatory component of planning scheme amendments.
Specific minimum requirements will be specified by the State but will include public notices,
notifying landowners directly affected by zone changes and carrying out targeted consultation with
housing providers and social networks.
Internal Consultation
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer Director Director
Executive Support X Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning X Infrastructure Planning,
Design and Delivery
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7 PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING – REVISED VERSION
FOLLOWING PUBLIC CONSULTATION
Author Principal Strategic Planner, Anita Lakeland
Environment and Sustainable Development Department
Index SUBJECT: 37.15 Local Law No. 1 Amendments – Short Stay Letting
Attachments 1. Administration (Amendment) Local Law (No.1) 2021
2. Administration (Amendment) Subordinate Local Law (No.1) 2021
3. List of likely anti-competitive provisions
4. Complaints procedure
5. First draft local law 2019 Plain English summary of requirements
6. First draft local law 2019 – Public Notification - Summary and
Response to Key Issues
7. Sites and precincts proposed to be excluded from local law (provided
separately to this agenda)
EXECUTIVE SUMMARY
Holiday houses have traditionally been part of the diversity of visitor accommodation in Noosa
Shire and were predominantly scattered around the beaches and Noosa River. The advent of
online booking platforms has however given rise to an increased number of permanent residential
properties being purchased and used for short term accommodation, many being managed from
a distance with no local presence, management structure or regulation.
The interchangeable use of most unit/ townhouse complexes and resorts between visitors and
permanent residents, and the use of online booking platforms has also given rise to concerns, both
for the residential amenity of permanent residents as well as the onsite letting agents.
A substantial proportion of submissions to both Noosa Plan 2020 and the first draft of the Short
Stay Letting local law suggested, where a mix of tourists and permanent residents co-exist, the
impact of short term accommodation on residential amenity was cause for concern and needed to
be addressed.
Some of the key issues identified for the operation of short term accommodation include: lack of
regulation and complaint management, and negative residential amenity impacts (noise, waste
management, traffic issues, and safety).
In October 2019, to manage the ongoing effects of both existing and future short term
accommodation Council publicly notified a draft local law for short stay letting. Over 574
submissions were received raising a number of issues with respect to the draft local law as well as
a range of planning scheme matters. The draft local law was put on hold following public
notification, pending the outcome of a state wide approach to managing short stay letting by the
Queensland Government. With the advent of Covid-19 however, the state government’s priorities
changed and the matter was deferred.
As part of Council’s adoption of Noosa Plan 2020, Council resolved to complete and introduce the
local law for short stay letting.
A revised draft local law has now been prepared proposing a number of changes, having
considered public submissions, legal advice, stakeholder engagement and internal staff review.
In addition to a number of smaller changes, for clarification purposes, the most significant changes
can be summarised as:
inclusion of home hosted accommodation as part of the prescribed activity requiring an
approval under the local law;
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one off application requirement and annual renewal;
removal of exemptions for properties using onsite letting agent and manager residing
overnight, and instead exemptions introduced for visitor only sites and precincts identified in
Noosa Plan 2020, motels, hotels and backpackers;
removal of reference to cancelled or suspended approvals and convictions within the last 2
years and instead broaden to consideration of the applicant’s history of operating short stay
letting or home hosted accommodation at the premises or other premises, including any
suspensions or cancellations;
removal of body corporate approval for properties in community title schemes;
removal of planning scheme matters the local law cannot regulate (occupancy and hours of
use of outdoor areas);
an expanded definition of a contact person;
inclusion of a 30 minute response time to complaints (or response time required under onsite
management agreement, whichever the lesser time) and reference back to compliance with
code of conduct;
further clarification that the use of the premises includes use of outdoor areas, including
decks, balconies, swimming pools and spas and must not detrimentally affect residential
amenity;
further expansion and definition of residential amenity impacts and what constitutes
unacceptable guest behaviour;
removal of requirements that guests cannot legally park outside property boundary;
consistency with Information Privacy Act 2009 requirements for guest and complaints
registers; and
removal of overlap with body corporate responsibilities and bylaws for community title
scheme properties regarding signage and garbage requirements.
In addition, a complaints procedure has been prepared which sits outside the local law.
The revised draft local law is now presented to Council for endorsement for the purpose of public
notification and the preparation of a public interest test plan.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 9 March 2021 and:
A. Resolve to make:
1. Administration (Amendment) Local Law (No. 1) 2021 as contained in Attachment 1;
and
2. Administration (Amendment) Subordinate Local Law (No.1) 2021 as contained in
Attachment 2;
B. In accordance with Council’s Local Law Making Policy, further consult with the public about
the revised versions of Administration (Amendment) Local Law (No.1) 2021 and
Administration (Amendment) Subordinate Local Law (No.1) 2021;
C. Pursuant to section 257 of the Local Government Act 2009, delegate to the Chief Executive
Officer its powers under section 38 of the Act and section 15 of the Local Government
Regulation 2012 to decide—
1. how the public interest test of Administration (Amendment) Local Law (No. 1) 2021
contained in Attachment 1 and Administration (Amendment) Subordinate
2. Local Law (No. 1) 2021 contained in Attachment 2 is to be conducted; and
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3. the matters with which the public interest test report in relation to the local law and
subordinate local law must deal; and
4. the consultation process for the public interest test and how the process is to be used
in the public interest test;
D. Approve the complaints procedure contained in Attachment 4 for the purpose of providing a
plain English explanation of the process for dealing with complaints;
E. Refer the resource requirements for implementing the local law and proposed fees structure
for applications and annual renewals to the FY2021/22 budget process;
F. Allow resident letting agents for on-site managed complexes the ability to submit one
application form for their entire letting pool, with the fees applied per property within the letting
pool;
G. Authorise the CEO to make minor amendments to the documents prior to public notification.
REPORT
The purpose of this report is to present to Council a revised set of amendments to Local Law No.
1 (Administration) 2015 and Subordinate Local Law No. 1 (Administration) 2015 for the purpose of
introducing a new prescribed activity requiring approval for short stay letting and home hosted
accommodation.
1. Background
Holiday houses have traditionally been part of the diversity of visitor accommodation in Noosa
Shire and were predominantly scattered around the beaches and Noosa River. Holiday houses
were either permanently let for visitors or locked up and used by family and friends. Older units
and townhouses in complexes were often used interchangeable for either visitor accommodation
or permanent residents depending on the market and the property owner’s intentions.
The advent of online booking platforms has however given rise to an increased number of
permanent residential properties being purchased and used for short term accommodation, many
being managed from a distance with no local presence, management structure or regulation.
This has resulted in the creep of short term accommodation and tourists into traditionally
permanent residential areas. In addition, many traditional holiday homes are being short stay let
when not in use, creating a higher intensity and turnover of guests than historically experienced.
The interchangeable use of most unit/townhouse complexes and resorts between visitors and
permanent residents, and the use of online booking platforms has also given rise to concerns, both
for the residential amenity of permanent residents as well as the onsite letting agents.
A substantial proportion of submissions to both Noosa Plan 2020 and the first draft local law
suggested, where a mix of tourists and permanent residents co-exist, the impact of short term
accommodation on residential amenity was cause for concern and needed to be addressed.
Some of the key issues identified for the operation of short term accommodation include:
lack of local management
lack of complaint resolution and process
lack of regulation and enforcement
number of guests and overcrowding
frequency and turnover of guests
noise disturbance
times and use of outdoor space
waste disposal and waste management
number of vehicles and parking
safety and security
pets
conflict between permanent residents and visitors
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In an attempt to address these issues, Council resolved to take a two pronged approach by:
regulating where short term accommodation is and isn’t appropriate;
regulating the ongoing operation of short term accommodation to manage the impacts on
residential amenity of permanent residents.
With the introduction of Noosa Plan 2020, short term accommodation is no longer a consistent
land use in the Low Density Residential zone. Short term accommodation is a consistent land use
in the Medium and High Density Residential zones requiring impact assessment.
Notwithstanding this, Noosa Plan 2020 can only address new short term accommodation
proposals. Properties currently operating short term accommodation, who can establish they have
a lawful existing use right to do so, can continue to operate short term accommodation.
To manage the ongoing effects of both existing and future short term accommodation, Council
proposed a second approach, being the introduction of a local law to regulate the approval of short
stay letting.
2. First draft local law 2019
At its Special Meeting on 12 September 2019, Council resolved to publicly notify draft amendments
to its local laws to introduce a new prescribed activity for short stay letting being:
Administration (Amendment) Local Law (No. 2) 2019
Administration (Amendment) Subordinate Local Law (No. 2) 2019
The main purpose of the local law was to manage the ongoing operation of short stay letting
through requirements for a local contact management framework and code of conduct for guests.
A plain English version of the first draft local law 2019 requirements is outlined in Attachment 5.
2.1 Consultation and public notification on first draft local law 2019
Public notification on first draft local law 2019
The first draft local law was placed on public notification for just over 3 weeks from 18 October to
11 November 2019 concurrently with the revised draft of Noosa Plan 2020.
574 written submission were received which identified a range of issues relevant to both the draft
local law and the draft Noosa Plan 2020.
The submissions raised numerous issues for further consideration in a revised version of the draft
local law. The key issues have resulted in a number of proposed changes outlined in Attachment
6 and summarised in section 2.5 of this report.
Stakeholder consultation on first draft local law 2019
A stakeholder reference group consisting of approximately 32 real estate agents and property
managers was held during the public consultation period for the draft Noosa Plan. This group
provided a substantial amount of feedback on the planning scheme with regard to short term
accommodation and made suggestions on how the issues associated with short stay letting could
be better managed.
From this meeting, a smaller group of short stay letting agents were nominated to continue to work
with Council officers on how best to manage the issues associated with short term letting. Council
officers met with this smaller group of representatives on four occasions.
Local government consultation on first draft local law 2019
Consultation was undertaken with several local governments with similar approaches to dealing
with short stay letting. In particular, the approaches undertaken by Mornington Peninsula Shire
Council, Gold Coast City Council and the Whitsunday Regional Council informed the first draft local
law.
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State government consultation on first draft local law 2019
As required by the Local Government Act 2009, 18 state government agencies were notified of the
amendments to Local Law No. 1 (Administration) to introduce short stay letting as a prescribed
activity.
Seven state agencies responded raising no comments or issues with the first draft local law.
2.2 State government proposal to introduce state wide approach
Following public notification, the first draft local law was not progressed as the Queensland state
government were proposing a state-wide approach for managing short stay letting. This was,
however, deferred given other state priorities due to COVID19 in March / April 2020.
2.3 Council resolution to complete and introduce local law
At its meeting on 16 July 2020, as part of the adoption of Noosa Plan 2020, Council resolved to
complete and introduce the local law for short stay letting, including an associated code of conduct.
As part of this process, the key issues raised in the public submissions to the first draft local law
were reconsidered, further options analysis undertaken, targeted stakeholder engagement
undertaken and further legal advice sought.
2.4 Key issues from submissions
Public submissions raised a number of issues which have been considered in the revised draft
local law. The key issues resulting in proposed changes are summarised below with detailed
response and recommendations outlined in Attachment 6:
onerous annual approval requirements;
home hosted accommodation should be included;
onsite manager exemptions are inequitable and discriminatory;
onsite managers with multiple management rights cannot meet overnight stay requirements;
body corporate approval cannot be required to make an application under the local law;
local law is duplicating planning scheme matters;
contact person notice on community title properties is contrary to body corporate bylaws;
contact person should include letting agents and the like;
response time to complaints required;
residential amenity and guest behaviour needs further clarification and expansion;
can’t prevent cars from being legally parked in the street;
there is overlap with bylaws for community title scheme properties;
a complaints procedure is required.
Other issues that did not result in changes are outlined in detail in Attachment 6 and summarised
below:
residents should be able to object to short stay letting applications;
increase fees and allocate to infrastructure;
mandate that qualified property agents manage short stay letting ;
local law makes the contact person liable for actions and behaviour of others is not
reasonable;
additional requirements for safety, health, discrimination, state/ federal laws;
employ security;
residents should be notified of bookings;
infringements to guests not approval holder;
local law should be evaluated and monitored – this did not result in a change to the local
law, but it will be evaluation and monitoring will be undertaken.
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3 Revised draft local law
The revised draft local law is now proposed for further public consultation which has considered:
submissions received during public notification of the first draft local law;
targeted stakeholder engagement with letting agents, onsite managers and Noosa Short
Term Accommodation Association (NSTAA) representatives;
further State government agency consultation;
other local government approaches;
options analysis and assessment; and
legal advice.
3.1 Key changes proposed
A number of smaller changes have been made for clarification purposes in addition to the following
significant changes:
inclusion of home hosted accommodation as part of the prescribed activity requiring an
approval under the local law;
one off application requirement and annual renewal;
removal of exemptions for properties using onsite letting agent and manager resides
overnight – and instead exemptions introduced for visitor only sites and precincts identified
in Noosa Plan 2020 identified in Attachment 7, motels, hotels and backpackers;
removal of reference to cancelled or suspended approvals and convictions within the last 2
years and instead broaden to consideration of the applicant’s history of operating short stay
letting or home hosted accommodation at the premises or other premises, including any
suspensions or cancellations;
removal of the requirement for body corporate approval for properties in community title
schemes;
removal of planning scheme matters the local law cannot regulate - of occupancy and hours
of use of outdoor areas;
an expanded definition of a contact person;
inclusion of a 30 minute response time to complaints (or response time required under onsite
management agreement, whichever the lesser time) and reference back to compliance with
code of conduct;
further clarification that the use of the premises includes use of outdoor areas, including
decks, balconies, swimming pools and spas and must not detrimentally affect residential
amenity;
further expansion and definition of residential amenity impacts and what constitutes
unacceptable guest behaviour;
removal of requirements that guests cannot legally park outside property boundary;
consistency with Information Privacy Act 2009 requirements for guest and complaints
registers; and
removal of overlap with body corporate responsibilities and bylaws for community title
scheme properties regarding signage and garbage requirements.
A complaints procedure sitting outside of the local law has also been prepared and is contained in
Attachment 4.
3.2 Revised draft local law content
Application requirements
applies to short stay letting and home hosted accommodation;
one off annual application and annual renewal with exemptions for:
o sites and precincts identified in Noosa Plan 2020 as visitor only;
o holiday houses not being used for short term accommodation;
o hotels, motels, backpacker’s accommodation;
site plan, floor plan, use of each room, number of persons per bedroom;
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statutory declaration confirming the premises is not used as a ‘Party House’;
written confirmation of:
o accepted development or development approval and compliance with conditions; or
lawful existing use rights;
o premises being structurally sound and in good repair;
o a current pool safety certificate;
o a current electrical safety certificate for smoke alarms;
if for short stay letting, contact person’s name and telephone number.
Criteria for assessment
applicant is owner or authorised by the owner of the premises;
operation of short stay letting is lawful;
conditions of approval can be met;
applicant’s history of operating short stay letting or home hosted including any suspensions
or cancellations at the premises or other premises;
complies with development approval and relevant planning scheme;
identification of a contact person.
Conditions of approval
up to date contact person identified at all times -
o available 24 hours 7 days;
o located within 20 minutes of premises;
o responsible for supervision, complaints and visitor queries;
o responds to complaints within 30 minutes;
o resolves complaints to satisfaction of requirements of code of conduct for guest
behaviour;
contact person notice for short stay letting (not required for home hosted accommodation) at
front of property – if not in community titles scheme – otherwise in accordance with bylaws;
must not affect residential amenity including noise, overlooking and light spill;
must not constitute a nuisance including a noise nuisance;
provision made for occupants to enter and leave premises without causing disturbance to
adjoining residents;
adequate provision made for parking of vehicles on the premises;
public liability insurance;
waste containers provided and cleaned;
waste containers placed at kerb no longer than 24 hours if not in a community titles scheme
- otherwise managed by body corporate;
code of conduct displayed at premises and websites;
maintain guest register – number of guests and dates;
maintain complaints register – details of complaint and how resolved;
registers to be available for inspection by Council;
code of conduct for guest behaviour:
- vehicles stored not to cause nuisance or inconvenience, parked on onsite if provided;
- use of premises includes use of outdoor areas including outdoor deck, balcony,
swimming pool or spa must not -
o detrimentally affect residential amenity including noise, overlooking and light spill;
o cause a nuisance including noise nuisance;
o display unacceptable behaviour including:
loud aggressive behaviour;
yelling, screaming, arguing; or
excessively loud singing or clapping
o create a level of noise in excess of acceptable described by Queensland
legislation for environmental protection (noise);
- no sleeping or camping in a tent, caravan, campervan or similar;
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- pets must be managed and not cause a nuisance, including noise nuisance;
- store waste in containers; and
- grounds kept safe and tidy.
3.3 Legal advice
Legal advice was obtained on a number of matters and the proposed changes recommended in
this report. Specifically, advice was sought and confirmed the following:
Council is not prevented from further regulating a premises which may be considered to enjoy
existing lawful use rights.
Existing use rights and development approvals are not affected by the introduction of the
local law and remain regardless of suspensions or cancellations of a local law approval.
Notwithstanding this, if there are infringements against the local law, the use rights can be
suspended for a period of time pending the remedying of compliance matters or the granting
of a further local law approval.
If the scale or intensity of the use materially increases it could be subject to further regulation
by Noosa Plan 2020.
The local law cannot regulate or duplicate planning scheme matters and therefore regulating
the scale and intensity of short stay use such as maximum occupancy and times of use of
outdoor areas cannot be included in the local law as these matters are planning scheme
matters.
While the local law should not ordinarily make a person responsible for actions or omissions
over which the person may have no control, the local law is drafted consistent with the
fundamental legislative principles regarding the approval holder’s responsibilities. The
process for enforcement under sections 17-19 in Local Law (Administration) No. 1 will be
followed in this regard.
The Body Corporate and Community Management Act (BCCMA) and the module regulations
(being State laws) prevail over the local law. But, the BCCMA and the module regulations do
not address the complaints time frame issue identified in the local law, so there is no
inconsistency between the local law and the BCCMA / the module regulations.
With regards to any conflict between the body corporate by-laws and the local law, section
180(1) of the BCCMA provides that where a by-law is inconsistent with another Act (which
includes a local law), the Act prevails to the extent of inconsistency. Consequently, even if
the body corporate’s by-laws do address the complaints time frame, resulting in a conflict
between the by-laws and the local law, the local law will prevail.
In relation to the letting agent management agreement, it is contractual in nature. It is not a
legislative instrument despite the fact that its creation is authorised by the BCCMA / the
regulation modules. Accordingly, the local law overrides the management agreement.
3.4 Statutory process and public notification
The revised draft local law has been prepared following Council’s Local Law Making Policy and
requirements under the Local Government Act 2009.
Council’s Local Law Making Policy provides that where following public notification of the first draft
local law, if the proposed changes are substantial that further public consultation on the revised
draft local law be undertaken.
A four week public notification is proposed for the revised draft local law.
Following this, submissions made during the public notification period will be considered and a final
draft will be reported to Council for adoption, gazettal and commencement.
It is anticipated the local law will commence around July 2021, subject to finalisation and adoption
of the final local law.
Public Interest Test Plan
The revised draft local law contains anti-competitive provisions requiring compliance with the
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procedures under section 15 of the Local Government Regulation 2012 and the National
Competition Policy. A list of likely anti-competitive provisions has been compiled in Attachment 3
requiring a Public Interest Test Plan and Report to be prepared.
Council is obligated to consider these anti-competitive provisions during the local law making
process in relation to the public interest. For example, it needs to be formally identified whether
there are advantages in the public interest that on balance, outweigh the anticompetitive elements
of the proposed provisions. The outcome of this review will be presented to Council following the
public notification process.
The public interest test report is the document where the results of the public interest test are
reported. It summarises the assessment of costs and benefits and presents the information in a
format that allows Council to determine whether there is a net community benefit in retaining the
restriction on competition (i.e. retaining the anti-competitive provisions). This will be reported to
Council following public consultation.
3.5 Fees and resources for implementation
It is estimated at least 4880 properties are operating short stay letting or home hosted
accommodation:
900 dwelling houses
3,900 units, townhouses and duplexes
80 home hosted dwellings
The number of owners that may short stay let their principal place of residence 4 times a year but
no more than 60 days is difficult to estimate, but will be additional to these figures .
The number of properties will vary over time as some move in and out of short stay letting into
permanent occupation and vice versa, and as short stay let and home hosted accommodation
properties come forward for local law approval.
Approximately 1,241 of the unit/townhouses are proposed to be exempt from the local law including
807 properties in the Hastings Street mixed Use precinct and 434 properties on visitor only
approved sites.
Anticipated Resource Requirements
The most resource intensive aspect of the local law will be during its implementation for the first
three years as the initial one-off applications are submitted for assessment and approval. It is
estimated around 3639 properties will require an application. During this three year implementation
period, the additional workload is forecast to require up to three compliance/assessment officers
plus full time administration support.
It is anticipated that the workload will reduce from year three (2024/25) onward following the
finalisation of all initial one-off applications at which point Council will reassess its resourcing
requirements. Consequently, the administration of the local law will require a mix of permanent and
temporary staff.
It is proposed that the resourcing decisions on increases to the staff establishment be referred to
the 2021/22 budget process along with all other new staff requests. In the interim, temporary staff
resourcing will be engaged to support the immediate compliance and implementation aspects of
the local law.
Cost Recovery Options
There are a number of options available to Council to recover any additional resourcing costs
associated with administering the local law, which may include:
the introduction of an application and renewal fee applied to the properties subject to the
local law;
general rates;
funding under a levy or special rating charge; or
a combination of the above.
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Council has commenced its budget development process for the 2021/22 financial year, which
includes adoption of any new fees and charges as well as price setting for general rates, levies
and special charges. It is proposed that the assessment of funding options for the administration
of the local law be referred to the 2021/22 budget process to ensure it is considered holistically
with all other rates, fees and charges applicable to short stay accommodation.
4. Previous Council Consideration
Special Meeting Minutes 16 July 2020
NOOSA PLAN 2020 – PRESENTED FOR ADOPTION AND IMPLEMENTATION FOLLOWING
MINISTERIAL APPROVAL
That Council note the report by the Director Environment & Sustainable Development to the
Special Meeting dated 16 July 2020; and
A. Adopt the Noosa Plan 2020 as amended as a result of State Interest Review and Ministerial
Conditions, as per attachments 2 – 22 of the report;
B. Set a date of 31 July 2020 for commencement of the new scheme;
C. Authorise the CEO to make any minor amendments necessary to the Noosa Plan 2020 prior
to commencement;
D. Publicly notify adoption of the scheme in accordance with requirements of the Planning Act;
E. Provide the Chief Executive of Department State Development, Manufacturing, Infrastructure
and Planning a copy of the public notice;
F. Initiate a process to monitor over a two year period the effectiveness of the provisions in the
Noosa Plan 2020 with regard to industrial land and industry precincts to ensure the provisions
meet the objective of enabling the changing nature of businesses including increased
diversity in key sectors and provision for multi-purpose flexible work;
G. Provide a report back to Council on this monitoring program including any associated
recommended amendments to the Noosa Plan;
H. Monitor over the next 2 years the effectiveness of the provisions of the Noosa Plan 2020 in
enabling the delivery of housing choice and affordability to meet the diverse needs of the
community, specifically housing for those in our community on low incomes, with special
needs or in identified groups in need of community and affordable housing;
I. Provide a report back to Council on this monitoring program including any associated
recommended amendments to the Noosa Plan to strengthen the provisions towards these
outcomes; and
J. Complete and introduce a Local Law for Short term letting, including the associated code of
conduct to regulate short term letting.
Special Meeting Minutes 12 September 2019
PROPOSED LOCAL LAW AMENDMENTS – SHORT STAY LETTING
That Council note the report by the Planner to the Special Meeting dated 12 September 2019
regarding Proposed Local Law Amendments – Short Stay Letting and:
A. Propose to make:
1. Administration (Amendment) Local Law (No. 2) 2019 as provided at Attachment 1; and
2. Administration (Amendment) Subordinate Local Law (No. 2) 2019 as provided at
Attachment 2;
B. In accordance with Council’s Local Law Making Policy:
1. Consult with relevant government entities about the overall State interest in
Administration (Amendment) Local Law (No. 2) 2019 in accordance with the Local
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Government Act 2009 (“the Act”), section 29A(3) and delegate authority to the Chief
Executive Officer to make changes in response to State comments; and
2. Consult with the public about Council’s proposal to make Administration (Amendment)
Local Law (No. 2) 2019 and Administration (Amendment) Subordinate Local Law (No.
2) 2019;
C. Pursuant to section 257 of the Act, delegate to the Chief Executive Officer its powers under
section 38 of the Act and section 15 of the Local Government Regulation 2012 to decide—
1. How the public interest test of Administration (Amendment) Local Law (No. 2) 2019
contained in Attachment 1 and Administration (Amendment) Subordinate Local Law
(No. 2) 2019 contained in Attachment 2 is to be conducted; and
2. The matters with which the public interest test report in relation to the local law and
subordinate local law must deal; and
3. The consultation process for the public interest test and how the process is to be used
in the public interest test;
D. Waiver the proposed application fee for a short stay letting approval under the proposed
Local Law for a period of 6 months starting from the date of commencement of the Local Law
for short stay letting.
E. Authorise the CEO to make minor amendments to the documents prior to public notification.
5. Finance
The preparation of the local law has required legal review at a cost to Council during the 2021/22
year.
As outlined in section 3.5, the implementation of the local law will require additional staff resourcing
(including vehicles). This resourcing requirement will need to be funded for the 2021/22 year on
an ongoing basis. Funding options, which may include fees and charge, general rates or levies,
will need to be assessed through Council’s budget process for the 2021/2022 financial year.
6. Risks & Opportunities
The revised draft local law provides an opportunity to better manage the ongoing operation of short
stay letting and home hosted accommodation with a standard set of rules for the safety of guests,
management of the property, complaints resolution and guest behaviour. Should the revised draft
local law not proceed, short stay letting and home hosted accommodation will continue unregulated
with further risk of impacting the residential amenity of permanent residential areas and guest
safety.
There is a risk that property owners may not voluntarily respond to the approval requirements and
continue to operate contrary to the local law requirements. This may also place an additional
financial burden on Council in the initial 2-3 years of implementation until costs to Council are
covered.
7. Consultation
7.1 State government consultation
A further 3 week consultation period was undertaken during late January/February 2021 with state
agencies on Administration (Amendment) Local Law (No.1) 2021 due to the introduction of home
hosted accommodation as part of the prescribed activity requiring an approval.
Twenty three state agencies were notified of the proposed local law. Seven response were
received, five of which raised no comments on the draft local law.
Department of Energy and Public Works (Building Services)
The Department of Energy and Public Works (Building Services) have raised matters regarding
the proposed local law definitions and the building classification definitions under the National
Construction Code (NCC). They assert that the definitions may cause confusion to building
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certifiers and is contrary to the Building Act 1975 because the local law purports to change one of
the building assessment provisions.
Response
The local law does not change the effect of any relevant provisions of the NCC as the NCC deals
with the classification of buildings and specific requirements about the undertaking of building work.
The classification of a building is irrelevant in the context of the application of the local law.
The local law focuses on buildings used in a particular manner not the way a relevant building is
actually constructed or the undertaking of building work in a building having a specific classification.
Compliance with the relevant building assessment provisions is an entirely separate matter to the
regulation of the ongoing use of the building after the completion of construction, in the matter
contemplated in the local law.
No change is proposed in response to the state’s comments.
Department of State Development, Infrastructure, Local Government and Planning
The Department of State Development, Infrastructure, Local Government and Planning (SDILGP)
raised no state interests with regard to the revised draft local law, however suggested we consult
state agencies further on the subordinate local law for areas of planning and building controls.
They encourage Council to consult with SDILGP and the Department of Energy and Public Works
(Building Services) for consistency with existing frameworks.
Response
Whilst Council is not obliged to consult with state agencies on the content of the subordinate local
law, it will be forwarded to SDILGP and Building Services for comment during the public
consultation period.
7.2 Stakeholder consultation on revised draft local law
As part of the review of the draft local law, further consultation was undertaken with a targeted
stakeholder group of six representative including holiday letting agents, onsite managers and the
Noosa Short Term Accommodation Association (NSTAA). Consultation included three workshops
and further email consultation on possible directions for the local law, including the directions
outlined in this report.
The revised draft local law was amended in response to some detailed comments raised by the
NSTAA. Key concerns raised by the NSTAA can be summarised as:
Exemptions – do not support exemptions
Funding – Tourism levy should be considered
Local law should having ongoing input from industry and residents with ongoing review
Complaints procedures
The NSTAA will also have further opportunity to provide feedback during the public consultation
period.
7.3 Public consultation
As noted in section 2.1 public consultation was undertaken on the 1st draft local law in late 2019
and targeted stakeholder consultation was undertaken with a group of residential letting agents,
resort managers and the NSTAA in the preparation of the revised draft local law.
Further public consultation will be undertaken on the revised draft local law for an extended period
of 4 weeks commencing late March/April subject to Council endorsement of the revised draft local
law for public notification.
Notification will include public notices, your say webpage, Facebook notifications and media
releases.
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8. Internal Consultation
Consultation has been undertaken internally with Local Laws, Development Assessment,
Economic Development, Strategic Planning, Governance and Chief Executive Officer in the
preparation of the revised local laws.
Two Councillor workshops were also held on the matter and informed the preparation of this report
and recommended changes to the revised draft local law.
Departments/Sections Consulted:
x Chief Executive Officer x Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
x Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service 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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ATTACHMENT 1
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ATTACHMENT 1
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Noosa Shire Council
Administration (Amendment) Local
Law (No. 1) 2021
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
Page 95 of 173
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 9 MARCH 2021
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Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
3
Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
Part 1 Preliminary
1. Short title
This local law may be cited as Administration (Amendment) Local Law
(No. 1) 2021
2. Purpose
The purpose of this local law is to amend Noosa Shire Council Local Law No. 1
(Administration) 2015.
Part 2 Amendment of Noosa Shire Council Local
Law No. 1 (Administration) 2015
3. Local law amended
This part amends Noosa Shire Council Local Law No. I (Administration) 2015.
4. Amendment of sch 1 (Dictionary)
(1) Schedule 1, definition shared facility accommodaton—
omit, inseri—
‘shared facility accommodanon—
(a) means accommodation occupied or available for occupation by residents, in
Tetum for payment, on the basis of residents sharing 1 or more of the
followine faciliti
@ dommitories or bedrooms;
(u) toilets;
(ai) bathrooms, showers or other bathing facilities;
(iv) laundnes;
(v) dining facilities;
(v1) cooking facilities;
(vu) recreation facilities; but
(b) does not include any of the following—
@ short stay letting:
(u) home hosted accommodation;
(m1) accommodation in a hotel:
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Noosa Shire Council
Atectratton (levee Lowel Kone (ite 41) 2021
(iv) accommodation in a motel.”.
Q) Schedule 1—
insert—
‘short stay lethng —
(a) means the provision, or making available, of premises for use by 1 or more
persons, other than the owner of the premises, for less than 3 consecutive
months; but
(b) does not include any of the following—
@) shared facility accommodation;
(u) home hosted accommodation;
(iii) accommodation in a hotel;
(iv) accommodation in a motel;
(v) backpacker accommodation.
premises—
(a) foruse by 1 or more persons (each an occupant), other than the owner of
the premises, for less than 3 consecutive months; and
(&®) which compnse—
@ = a habitable room at residential premises, for example. a bedroom,
studio or cabin: or
() _ bed and breakfast style accommodation; and
(c) where the person im charge of the premises resides at the premises whilst the
occupant uses the premises.’.
5. Amendment of sch2 (Prescribed activities)
(1) Schedule 2 part 1, after ‘undertaking regulated activities on local government
controlled areas and roads’ —
insert—
“operation of short stay letting or home hosted accommodation’.
Q) Schedule 2, part 2, definition operation of shared facility accommodation—
omit, insert—
‘operation of shared facility accommodation means the provision of shared
facility accommodation to holiday makers or travellers, but does not include any
of the followmg—
(a) short stay letting:
(bo) home hosted accommodation:
(c) accommodation in a hotel;
(d) accommodation in a motel”.
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Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
5
@) Schedule 2, part 2, after the defimtion for the prescribed activity ‘undertaking
regulated activities on local government controlled areas and roads'-—
insert—
‘operation of short stay letting or home hosted accommodation the
provision, or making available, on a commercial basis, of short stay letting or
home hosted accommodation.’.
This and the preceding 4 pages bearing my mitials is a certified copy of Administration
(Amendment) Local Law (No. 1) 2021 made in accordance with the provisions of the Local
Government Act 2009 by Noosa Shire Council by resolution dated the day of
2021.
ChiefExecutiveOfficer 1 7
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Attachment 2
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Attachment 2
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Noosa Shire Council
Administration (Amendment)
Subordinate Local Law (No. 1) 2021
aN he ALL TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qlid.gov.au
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Noosa Shire Council
Administration (Amendment) Subordinate Local Law (No. 1) 2021 2
Contents
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3. Authorising local law 2.0... eeeeeeceece tees cette eeeeteettteetttesttttetttttteteeee O
Part 2 Amendment of Subordinate Local Law No. 1 (Administration)
A SUbSiNateslOCa AW AMENIE sscccccecmescea cece emRNeceMnneveS
5. Insertion of new sch 21A —Operation of short stay letting or home hosted
ACCOMMOAATION ... oe. cee ceeeeteeeeeeesetteesteesseneesteesestittaeestesenteeieeteeee O
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Noosa Shire Council
Administration (Amendment) Subordinate Local Law (No. 1) 2021 3
Noosa Shire Council
Administration (Amendment) Subordinate Local Law
(No. 1) 2021
Part 1 Preliminary
1. Short title
This subordinate local law may be cited as Administration (Amendment)
Subordinate Local Law (No. 1) 2021.
2. Purpose
The purpose of this subordinate local law is to amend Subordinate Local Law No 1
(Administration) 2015.
3. Authorising local law
The making of the provisions of this subordinate local law is authorised by Noosa
Shire Council Local Law No.1 (Administration) 2015.
Part 2 Amendment of Subordinate Local Law No. 1
(Administration) 2015
4. Subordinate local law amended
This part amends Subordinate Local Law No. 1 (Administration) 2015.
5. Insertion of new sch 21A —Operation of short stay letting or home hosted
accommodation
After schedule 21—
insert —
‘Schedule 21A Operation of short stay letting or home
hosted accommodation
Section 11
1 Prescribed activity
Operation of short stay letting or home hosted accommodation.
2 Activities that do not require approval under the authorising local law
An approval is not required in respect of the undertaking of the prescribed
activity if the prescribed activity is undertaken at any of the following
premises —
(a) all premises located within the Hastings Street Mixed Use Precinct
as identified in the planning scheme of the local government; or
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 4
(b) premises located at any of the following sites—
(i) lot 1 on SP286680, 215 David Low Way, Peregian Beach;
(Gi) SP190823 and SP151409, 3-5 Morwong Drive, Noosa
Heads, (Viridian Noosa Resort);
(ii) lot 10 and lot 11 on SP195871, 3-7 Serenity Close, Noosa
Heads (Settlers Cove resort site);
(iv) lot 203 on SP267424 and lot 3 on SP126203, 94 or 142
Noosa Drive, Noosa Heads (RACV Resort and adjoining
land);
(v) lots 201 and 8000 and common property on SP290680, 75
Resort Drive, Noosa Heads (Parkridge Noosa);
(vi) GTP102758, 73 Hilton Terrace, Noosaville (Ivory Palms
Resort);
(vii) SP115731, 3 Hilton Terrace, Tewantin (Noosa Lakes
Resort);
(viii) lot 2 on RP135678, 1 Beach Road, Noosa North Shore;
(ix) lot 2 on SP186169, 30 Beach Road, Noosa North Shore;
(x) lot 500 on SP215779 and lot 500 on SP186174 and any of
the Beach Road Holiday Homes, 90 Beach Road, Noosa
North Shore;
(xi) lot 2 on RP865533, 2 Halse Lane, Noosa Heads (Halse
Lodge);
(xii) lot 4 on SP178340, 61 Noosa Springs Drive, Noosa Heads.
3 Documents and materials that must accompany applications for
approval
The following documents and materials must accompany an application for an
approval for the operation of short stay letting or home hosted accommodation
at premises—
(a) application form; and
(b) the appropriate fees as determined in the local government’s schedule
of fees and charges; and
(c) the documents, information and materials identified in the application
form for the prescribed activity; and
(d) aplan of the premises and specifications for the operation of the short
stay letting or home hosted accommodation including—
(i) a site plan showing the location of all buildings, including
any swimming pool or spa; and
(ii) a floor plan; and
(iii) | the use proposed in respect of each room and the maximum
number of persons to be accommodated in each bedroom;
and
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 3
(ce) written confirmation that—
(i) the use of the premises for the operation of short stay letting
or home hosted accommodation is authorised—
(A) by a development approval granted by the local
government; or
(B) as accepted development or accepted development
subject to requirement provisions of the local
government’s planning scheme; or
(C) by lawful use rights in existence on the date the
application is made to the local government; and
(ii) the operation of short stay letting or home hosted
accommodation at the premises complies with—
(A) if development approval conditions apply to the
operation of the prescribed activity at the premises —
the development approval conditions; or
(B) if development approval conditions do not apply to
the operation of the prescribed activity at the
premises — the planning scheme of the local
government which applied at the time the operation
of the prescribed activity commenced at the premises;
and
(f) written confirmation that the premises will not be used for the
purposes of a party house as defined in the Planning Act 2016,
section 276; and
(g) written confirmation that the premises are structurally sound and in
good repair; and
(h) if.a pool is situated on the premises — written confirmation that a
current pool safety certificate has been issued by a QBCC licensed
pool safety inspector; and
(i) written confirmation that a current electrical safety certificate of
compliance has been issued by a licensed electrical contractor for
each smoke alarm at the premises; and
j if th lication is ft I h letti
if the application is for an approval to operate short stay letting — a
written statement that —
(i) identifies 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
(ii) confirms that the contact person is available 24 hours a day,
7 days a week; and
(iii) confirms that the contact person resides, or has a place of
business, within 20 minutes travel time (by vehicle) of the
premises; and
(iv) confirms that the contact person is to be responsible for the
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