Council Report MCU17 0002.02

MCU17/0002.02 & opw17/0035.02 - application for an other change to a development Permit for material change of use –short term accommodation & operational works at 14 ANN ST NOOSAVILLE

Document information

Author	Development Planner, Blake Coulston
Environment and Sustainable Development

Index	ECM/ Application/ MCU17/0002.02/OPW17/0035.02

Attachments	1.	Proposed Plans

APPLICATION DETAILS
Applicant	Noosa Town Planning
Proposal	Other Change to a Development Permit for Material Change of Use - Short-term accommodation & Operational Works
Properly Made Date	14 April 2021
Information Request Date	14 May 2021
Information Response Date	11 June 2021
Decision Due Date	17 September 2021
Number of Submissions	5

PROPERTY DETAILS
Property Address	14 Ann St Noosaville Qld 4566
RP Description	Lot 2 RP 69150
Land Area	585m2
Existing Use of Land	Duplex dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils  (5m AHD or Below) Flood Hazard
Assessment Type	Other Change to Approval (Impact)
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 September 2020 regarding Application No. MCU17/0002.02 & OPW17/0035.02 for an Other Change to a Development Approval for Material Change of Use - Short-term accommodation, situated at 14 Ann Street, Noosaville and:
A.	Refuse the application for the following reasons:
The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further erode the permanent housing in the area, impacting permanent resident amenity.
The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and (h) of the Medium Density Residential Zone Code as:
The proposal is located in medium density residential neighbourhood that is predominately used for short term accommodation uses. The introduction of additional short term accommodation within a duplex is not consistent with the purpose of the zone.
The proposal seeks to establish a new short-term visitor accommodation facility within a recently approved dual occupancy and is not located within a well-established resort or holiday units.
The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and Performance Outcome PO21 of the Noosaville Local Plan Code as:
Additional visitor accommodation in the area is likely to result in detrimental impacts on the residential amenity of permanent residents.
While the code seeks to maintain visitor accommodation in the area, it does not seek to increase the extent of visitor accommodation within the area to the detriment of permanent residents.
The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code as:
The proposed visitor accommodation is not appropriately located and integrated with permanent residents in the area given the number and density of properties currently being used for visitor accommodation and/or permitted for visitor accommodation.
The proposed visitor accommodation is likely to detract from the amenity enjoyed by residents.
5.	There is no need for additional short term accommodation in the area.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant proposes an Other Change to the existing approval to utilise the approved dual occupancy for both permanent and/or short-term accommodation. No changes are proposed to the built form of the building, with all parts of both dwellings to be available for the proposed use.  The existing duplex includes one 2 bedroom dwelling and one 3 bedroom dwelling.
The applicant advises that:
They will utilise a local property manager to oversee letting, management and maintenance of the premises to ensure that it is operated in an appropriate manner that will meet the needs of guests while protecting the amenity of surrounding 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.
All garage, driveway and visitor parking areas within the site will be made available for use by guests
No events, weddings, parties or the like are to occur on the premises.
In support of the proposal the applicant advises:
The pool areas are located in areas that are not adjacent to habitable living areas of adjoining sites and therefore will not cause unreasonable impacts
5 bedrooms, max 10 persons in total on site.
Use of outdoor living areas and pool area to be limited to 9 pm.
Approval for short term accommodation is sought for both units.
Ann Street predominantly consists of multi-unit residential buildings. However, there are short-term accommodation uses occurring among these and the proposed use is consistent with the character and amenity of the streetscape.
A copy of the proposal plans are included as Attachment 1.
The subject site and surrounding locality are detailed in the following aerial photographs:

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
The following type of approval was issued on 24 March 2017
Development Permit for Material Change of Use (Multiple Housing Type 2 - Duplex)
Development Permit for Operational Works (Earthworks, Stormwater, Driveway, Carparking & Access)
A minor change to the development approval was issued on 9 May 2019.
Site Description
The subject site is situated at 14 Ann Street, Noosaville described as Lot 2 on RP 69150. The site has a total area of 586.4m2 and comprises an existing dual occupancy which consists of a 3 bedroom unit (Unit A) and a 2 bedroom unit (Unit B).
Surrounding Land Uses
The site is located in a residential area which predominantly consists of multi-unit residential buildings within Ann Street.  The properties that adjoin the southern boundary of the site are zoned District Centre and are located within the Mary Street Health and Wellbeing Precinct.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the 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 an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek to protect neighbourhoods of permanent housing from short-term visitor accommodation that would impact on the amenity enjoyed by residents.  The planning scheme also seeks to protect areas for visitor accommodation with a range of accommodation styles envisaged to support the local tourism industry.
The subject site is not located in a designated visitor accommodation area being zoned Medium Density Residential.  The area is also dominated by sites developed for multiple dwelling units and duplex dwellings that have been typically predominantly used for visitor accommodation, particularly those properties in proximity to the Noosa River and Gympie Terrace. Properties setback further from Noosa River and Gympie Terrace have been mostly used by permanent residents.
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 with the zone and is required to follow an impact assessable application process.
The Medium Density Residential Zone Code, the Noosaville Local Plan Code and the Visitor Accommodation Code all include provisions which address the potential impacts of short-term accommodation. The relevant provisions are:
Medium Density Residential Zone Code
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 Visitor accommodation is limited to formats compatible with the character and use of the area so as not to cause unreasonable loss of residential amenity, having regard to: the privacy of residents on the subject property or adjoining properties; any likely increase in noise to adjoining properties; the scale of the use and its compatibility with the character and uses within the property or surrounding area; retention of the primary residential function of an area; the residential function and arrangement of common property; the impact on the safety and efficiency of the local road network; the impact of waste storage areas on the visual amenity of the area; the location of waste storage areas in relation to sensitive land uses; and any impact on shared vehicular access or parking.	AO6.2 Short-term accommodation does not: constitute a party house; create noise that would unreasonably impact on the residential amenity enjoyed by the adjoining or surrounding properties.
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
The purpose of the Visitor Accommodation code is to ensure visitor accommodation is appropriately located, designed and operated in a manner which meets visitor needs, protects and enhances landscape values, protects the amenity of surrounding premises and avoids conflicts with surrounding uses.
The overall outcomes sought for the Visitor Accommodation Code are:
Visitor accommodation is compatible with and benefits from Noosa Shire’s natural environmental values.
Visitor accommodation offers a wide range of experiences for guests both in coastal areas and in the hinterland.
Visitor accommodation is located and designed in a manner which sensitively responds to site characteristics.
Visitor accommodation does not detrimentally impact upon the biodiversity and natural landscape values of its setting.
The density and design of visitor accommodation integrates with the urban or landscape fabric of its particular locality.
Visitor accommodation located near permanent residents does not detract from the amenity enjoyed by residents.
Visitor accommodation does not impact on the ability of rural land owners to carry out agricultural pursuits.
Visitor accommodation provides high quality amenities and facilities commensurate with its setting, the types of accommodation supplied and the length of stay accommodated.
Visitor accommodation forms a key element of the local tourism industry.
Visitor accommodation provides for a wide range of visitors.
9.3.5.3	Criteria for assessment
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 medium density residential neighbourhoods for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation. The medium density residential neighbourhood is defined in figure 5 as 3 distant areas within the Noosaville locality.   The medium density residential neighbourhood is currently predominantly being used for short-term accommodation (refer to Figure 6 to 8) or includes properties which have a development approval which provides for the dwelling to be used interchangeably for permanent or short term accommodation.
The proposal for an additional short-term accommodation within the Medium Density Neighbourhood that is already predominantly characterised by short term accommodation does not comply with the Purpose and Overall Outcome (a) of the Medium Density Residential Zone Code. In addition, as the proposal is for the use to establish within new dwellings, it does not comply with the Purpose and Overall Outcome (h) of the Medium Density Residential Zone Code, which seeks to ensure Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
The proposal does not comply with the Purpose and Overall Outcome (2)(t) and Performance Outcome PO21 of the Noosaville Local Plan Code, as while the Code seeks to maintain Noosaville’s role for visitors, it does not seek to increase visitor accommodation in the area and increasing visitor accommodation in the area is likely to further impact on the amenity of permanent residents in the area.
The proposal is also not consistent with Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code, as the proposed visitor accommodation is not appropriately located and will detract from permanent residents amenity. There is also no need for additional visitor accommodation in the area, as the extent of visitor accommodation does not integrate well with permanents in the area and dominates the area.
Figure 6 includes existing resort style accommodation located within proximity to the subject site.

Figure 5: Medium density residential neighbourhood characterised by 3 areas

Figure 6: Area 1 – Short term accommodation (see legend figure 9 below)

Figure 7: Area 2 – Short term accommodation (see legend figure 9 below)

Figure 8: Area 3 – Short term accommodation (see legend figure 9 below)

Figures 9 legend of Short-Term accommodation types
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. Five properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Amenity This proposal will impact residential amenity due to the associated noise, increased pressure on parking and the increasing conversion of residential areas into visitor accommodation areas. “It is a business that detrimentally affects residential amenity for noise, lighting and parking and these negatives can occur 24 hours a day, 7 days a week”.	The noise could be regulated with the code of conduct and property management conditions. Outdoor entertainment areas could be restricted to minimise noise at night.  No additional lighting is expected / proposed to that which currently exists onsite. Parking comprises a double garage, single garage and separate parking space onsite. The proposed short-term accommodation use is not intended to allow for any greater number of persons to be accommodated onsite than would reasonably be accommodated within the existing Duplex, therefore onsite carparking is considered to be sufficient for the proposed use.
Character Concerned about the increasing number of dwellings offering short-term accommodation with Ann Street. Ann Street is a quieter street to that of Gympie Terrace and the conversion to short term accommodation will impact on the character of Ann street. The proposal is contrary Noosa Plan 2020 Short Term Accommodation (STA) strategy which states: that “Neighbourhoods of permanent residents should be protected from influxes of short term visitors whose interests and priorities are not compatible with residential amenity.”	The planning scheme prioritises the preservation of medium density residential neighbourhoods for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation.  This concern was addressed in the report above.
No demonstrated need for short term accommodation “their is little enough housing in Noosa as things are now”	Agreed – the locality contains an extensive number of properties that are being used for the purpose of short term accommodation
conclusion & REASONS FOR DECISION
The application seeks to use a duplex, situated within the Medium Density Residential Zone, for the purpose of short-term accommodation. The planning scheme seeks to prioritise the preservation of medium density residential neighbourhoods for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation. The proposal is located in an area that it is predominantly home to permanent residents, with some properties being used for visitor accommodation and/or properties permitted for visitor accommodation. The introduction of additional short-term accommodation within a duplex is not consistent with the purpose of the zone. Additional visitor accommodation is not needed in the area and is likely to further erode the residential amenity for permanent residents in the area. Accordingly, the application is recommended for refusal.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 SEPTEMBER 2021

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