Development Application Cover Letter

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                                           APPLICANT DETAILS

Applicant:                         Kelly Martin and Ken Makinson, Gillian Clare Knight and Lois Leigh
                                   Kuenkel

Landowner:                         Unit 11: Gillian Clare Knight
                                   Unit 12: Lois Leigh Kuenkel
                                   Unit 13: Kelly Lee and Martin and Kenneth Alper Makison (Joint
                                   Tenants)


                                  PLANNING INSTRUMENT DETAILS

Planning Scheme:                   Noosa Plan 2020

Previous Approvals:                TPC961 - Accommodation Units

Zone:                              Medium Density Residential

Local Plan:                        Noosaville

Level of Assessment:               Code Assessment

Applicable Overlays:                   ●   Acid Sulfate Soils (Area 2: 5m AHD or below)
                                       ●   Flood Hazard (Flood and inundation extent)

SEQRP Designation:                 Urban Footprint

Referral Agencies:                 Not applicable


LOCATION AND SITE DETAILS




                   Figure 1: Aerial Photo of Subject Site (Nearmap, accessed February 2021)



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The subject land is formally described as Lots 11, 12 and 13 on BUP5601 at 11, 12 and 13/219 Weyba
Road, Noosaville, and has a site area of 668.29m​2​. The site is an irregular shaped block with a dual road
frontage to Weyba Road and Nannygai Street.


PROPOSED DEVELOPMENT
The site was approved as Accommodation Units under TPC961 on 30 November 1979, which is defined
as follows:

        “Any land, building or other structure used or intended for use as a boarding house,
        guest house, hostel, unlicensed hotel, old people’s home, serviced rooms, motel or
        residential club, but does not include a caretaker’s residence, dwelling house or multiple
        dwelling.”

This application seeks a development permit for a Material Change of Use of premises to establish Units
11, 12 and 13 as a Multiple Dwelling (permanent accommodation).

We note that no changes to the previously approved layout is proposed (please see attached existing
Floor Plan). The application simply seeks to retain the land use for Short-Term Accommodation as per the
previous approval (TPC961) and to seek an additional land use option for a Multiple Dwelling for
permanent residential accommodation.

In accordance with the Medium Density Residential table of assessment, Short-Term Accommodation is
Accepted Development subject to requirements with limitation (where in an existing building which is the
applicant's principal place of residence, occupied by short term guests on more more than 4 occurrences
in any calendar year and occupied by short term guests for a total of no more than 60 nights in a
calendar year). Where not achieving these requirements, Short-Term Accommodation is subject to impact
assessment and may not be a consistent use in the Medium Density Residential Zone. The table of
assessment confirms Multiple Dwellings are a code assessable and consistent use.

Overall outcome (h) in the Medium Density Residential zone code confirms S           ​ hort-term visitor
accommodation is predominantly provided through well-established resorts and holiday units. The
purpose of the Medium Density Residential zone code is to provide for medium density multiple dwellings.
The use is approved and established as Short-Term Accommodation. The proposed development is
consistent with the intent of the zone code.

Furthermore, a review of the Noosaville Local Plan Code was undertaken. The intent of the Medium (and
High) Density Residential Zone within this local plan area is to a    ​ ccommodate a greater diversity in
housing types including dual occupancies, multiple dwellings, retirement facilities and residential care
facilities. I​ n this regard, the proposed development seeks to offer a greater diversification of land uses
within an established building.

We note the following:

    ●   The surrounding properties include a variety of built form options for permanent residential
        housing including dwelling houses, dual occupancies, townhouses/units, with short-term
        accommodation interspersed intermittently within the immediate locality. The subject unit is
        located towards the rear of the site and fronts Nannygai Street, which typically is quiet and
        portrays a residential setting;
    ●   Units 12 and 13 are owner occupied. Unit 11 and the unit directly below the subject units is a
        permanent rental. Majority of the units within the complex have been used for permanent rentals
        rather than for holiday letting within the last 12 months (particularly in line with COVID19 and
        interstate relocation);


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    ●   As can be seen in the attached Existing Floor Plan, the unit is fully equipped to accommodate a
        permanent dwelling and includes a full kitchen, living/dining area, two private balconies, two
        bedrooms and a combined bathroom/laundry. A covered garage space is provided to the unit as
        well;
    ●   The region is currently undergoing a housing crisis, particularly with more and more houses being
        removed from the permanent residential rental pool in favour of short-term accommodation
        options, and interstate relocations due to the COVID19 pandemic;
    ●   The Body Corporate by-laws provide sufficient noise management processes which include:
            ● No parties or events allows;
            ● Swimming pools operating hours (8am-9pm);
            ● Quiet hours (10pm-7am).

The proposed change of land use is considered appropriate as it:

    ●   Does not proposed any physical changes to built form;
    ●   Is located on land that is suited to the development and occupation of residential buildings;
    ●   Is consistent with the character of the neighbourhood and local plan area, in which the site is
        zoned as Medium Density Residential.

No changes to car parking, landscaping, stormwater, waste collection or access is required as a result of
the proposal.


STATE PLANNING INTERESTS
State Planning Interests
The Planning Act 2016 provides the framework and process of planning instruments and processes for
development applications. The following planning instruments have been considered in this application
and are discussed in further detail below in the following sections:

    ●   State Planning Policy (SPP);
    ●   South East Queensland (SEQ) Regional Plan;
    ●   State referral requirements;
    ●   State development assessment provisions (SDAP); and
    ●   Local planning instruments.

State Planning Policy (SPP)
Part E of the State Planning Policy provides a comprehensive review of the state interests, the related
policies and assessment benchmarks under five broad themes. Noosa Plan 2020 confirms it integrates the
provisions of the State Planning Policy into the Planning Scheme. No further assessment is required.

Regional Plan
Noosa Plan 2020 confirms it appropriately advances the SEQ Regional Plan. No further assessment is
required.


State Referral
No referral is required.



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State Development Assessment Provisions (SDAP)
State Development Assessment Provisions (SDAP) includes a series of benchmarks in which SARA will
assess an application against. State Referral is not required for the application.

PLANNING ASSESSMENT
Under Noosa Plan 2020, the site is within the Medium Density Residential Zone and the Noosaville local
plan area. Refer to Figure 2 below. The proposed development includes a Code Assessable and consistent
land use within the Medium Density Residential Zone Code.




                   Figure 2: Zoning Map Extract (Noosa Council, accessed February 2021)



OVERLAYS

                                                OVERLAY

                         Overlay                                               Compliance

                                                             The site is subject to the Acid Sulfate Soils
                                                             overlay code. No excavation or filling is
                                                             proposed. No further assessment is
                                                             required.




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                                                             The proposed change of land use is within
                                                             an established building. No further
                                                             assessment is required.




DEFINED USE
Under Noosa Plan 2020, the proposed development is defined as:

   Multiple dwelling means a residential use of premises involving 3 or more dwellings, whether
   attached or detached, for separate households.

Comment:​ ​The proposal is considered in accordance with the above definition.

LEVEL OF ASSESSMENT
Under the relevant table of assessment for the Medium density residential zone, the proposed use is
subject to code assessment. The proposed development is required to be assessed against the following
codes:

    ●   Medium Density Residential zone code;
    ●   Noosaville local plan code;
    ●   Dual occupancy and multiple dwelling code;
    ●   Works codes.

The proposal has been assessed against the relevant provisions, including the Acceptable Outcomes and
Performance Outcomes of the above codes and is considered compliant. We note that no changes to
built form are proposed.


SUMMARY
We thank Council on behalf of the applicant for assessing the above application. Based on the
information provided in this application we respectfully request that Council proceed to issue an approval
with reasonable and relevant conditions supporting the proposed development in full.

Should you have any questions with respect to the above, please do not hesitate to contact Adapt Town
Planning directly.




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Yours faithfully,
Adapt Planning Pty Ltd




Tiani Boulton
Senior Town Planner
E: ​[email protected]
M: 0
   ​ 404 924 160




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