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Delegated Report - Code - Planning - MCU26 0047 (As Published)

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Development Planner, Matthew Pinese
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                  MCU26/0047

                  Applicant                        Jody Louise Austin
                                                   James Neil Austin

                  Proposal                         Material Change of Use - Short-term accommodation

                  Properly Made Date               28 May 2026

                  Information Request Date         25 June 2026

                  Information Response Date        21 July 2026

                  Decision Due Date                27 August 2026

                  Report Reviewed &                Andrew Gaffney – 27 August 2026
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                 122 Musa Vale Road, Cooroy Qld 4563

                  RP Description                   Lot 304 on SP118015

                  Land Area                        41.6ha

                  Existing Use of Land             Generally rural


                  STATUTORY DETAILS

                  SEQRP Designation                Regional Landscape and Rural Production Area

                  Zone                             Rural Zone

                  Precinct                         Not applicable

                  Local Plan Area                  Not applicable

                  Overlays                         Bushfire Hazard Overlay
                                                   •      Potential Impact Buffer

                  Assessment Type                  Code




Document Set ID: 24890887
Version: 9, Version Date: 31/08/2026

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Page 2

               1.     PROPOSAL
               The application seeks approval for a Material Change of Use - Short-term accommodation.
               In particular, the applicant seeks to utilise an existing secondary dwelling on the property for Short
               Term Accommodation.
               The dwelling in question is a small with a single bedroom and a GFA of 46.52m2 .Total area
               including the covered deck and open terrace is 99.33m2.
               There is an existing dwelling house currently approved for short term accommodation which the
               applicant indicates will cease short accommodation use and become a principal place of residence.
               No development or building work is proposed for this application.
               The locality and proposal plan are included below.




                                                         Figure 1 – Locality




                                                         Figure 2 – Site Plan




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                                         Figure 3 – Floor Plan of Proposed Short Term Accommodation




                                   Figure 4 – East & West Elevations of Proposed Short Term Accommodation




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                                  Figure 5 – North & South Elevations of Proposed Short Term Accommodation


               2.     APPLICATION BACKGROUND
               •      The original dwelling was approved by Private Certifier 16/04/2007 (112007.649)
               •      The secondary dwelling was approved by Private Certifier 27/06/2023 (PC23/0800)
               •      An approval was given by council for amendment to the secondary dwelling 5 December 2023
                      (DBW23/0078)
               •      An application was submitted for assessment under the superseded planning scheme to utilise the
                      secondary dwelling for short term accommodation while not requiring the primary residence to be
                      owner occupied. This application was refused 06/11/2025 (SPS25/0002).
               •      A Short Stay Letting Approval for the primary dwelling was approved (21/02/2025) SSL25/0041

               3.     SITE DETAILS
               3.1. Site History
               An information request was forwarded to the applicant dated 25 June raising the following issues:
               Item – Existing Short-Term Accommodation Approval
               Given the current short term accommodation approval on the primary dwelling, Council requested
               a means as to how the applicant proposed to relinquish this approval to prevent both dwellings
               being used for short term accommodation.
               In response, the applicant proposed the following process:
               1.     Council grants the MCU approval for short-term accommodation within the existing approved
                      small dwelling;
               2.     Before lodging the Short Stay Letting Local Law application for the small dwelling, the
                      applicant will provide written confirmation to Council that the applicant no longer relies upon,
                      asserts, or seeks to exercise any existing town planning use rights for short-term
                      accommodation in relation to the main dwelling;
               3.     Before lodging the Short Stay Letting Local Law application for the small dwelling, the
                      applicant will also notify Council that short stay letting of the main dwelling is to cease and
                      will request cancellation, surrender, withdrawal, expiry or non-renewal of Short Stay Letting
                      Approval SSL25/0041;
               4.     The applicant will then lodge the required Short Stay Letting Local Law application for the
                      small dwelling, relying on the new MCU approval as the town planning authority for the use;
                      and
               5.     Short-term accommodation will only commence in the small dwelling once both the MCU
                      approval and the required Short Stay Letting Local Law approval for the small dwelling are
                      in place.




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               Item - Operational Management of Short-Term Accommodation
               The application does not include detail regarding the ongoing operation and management of the
               short-term accommodation use. Therefore, Council requested an operational management plan
               for the proposed short-term accommodation.
               In response, the applicant indicted these matters would be addressed in the Short Stay Letting
               Local Law approval process.
               Item - On-site Servicing (Effluent and Water Supply)
               Council sought certainty that the existing potable water supply and on site waste water system
               could accommodate the short term accommodation use.
               In response, the applicant indicated given the small scale of the proposed short term
               accommodation, being a single bedroom, the existing service provisions will be sufficient
               Item – Bushfire Safety
               Council requested conformation that the proposed short-term accommodation use does not alter
               the bushfire classification of the site or introduce additional applicable building requirements for
               the dwelling. Also, provide a site-specific Bushfire Hazard Assessment and Management Plan
               In response the applicant provided an assessment by North Coast Environmental Services
               indicating that the change from dwelling to Short term accommodation does not change the
               bushfire classification and risk therefore a Management Plan is not required
               3.2. Site Description
               The site is a mostly cleared rural property contained an existing dwelling house near the western
               boundary and a secondary dwelling on the eastern part of the site with a shed centrally located.
               Access is visa internal roads to both dwellings and on to Musal Vale Road.
               3.3. Surrounding Land Uses
               The surrounding land use is generally rural properties.
               4.     ASSESSMENT
               4.1. 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 (Amendment 3 - 20 March 2026).
               4.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Rural Zone Code;
               •      Visitor Accommodation Code;
               •      Works Codes;
               •      Bushfire Hazard Overlay Code
               The subject site is located in Cooroy and is zoned Rural. The proposed use is identified as a
               consistent use within the zone and is required to follow a code assessable application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:
               No building or development works is proposed for this application. In general, the application
               accords with the provision of the planning scheme apart from one matter.

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               The outstanding matter is the secondary dwelling is proposed to be utilised for short term
               accommodation while the primary dwelling is currently approved for short term Accommodation
               Use. However, one of the criteria for short term accommodation being code assessable in the Rural
               zone is that the Short term accommodation use is on the same site as the applicant’s principal
               place of residential. Therefore the short term accommodation use of the primary dwelling must
               cease.
               The applicant’s proposed solution to this matter, as outlined above, is considered too convoluted
               and does not provide sufficient certainty for Council.
               It is recommended that the short-term accommodation be conditioned to be limited to the approved
               secondary dwelling cabin only, operated consistently with the Noosa Plan 2020 definition, and not
               used for parties, events or functions. They also require the primary dwelling to cease all short-term
               accommodation use before the cabin use starts, including removal of any advertising or listings,
               and written evidence to Council confirming that the existing short stay letting approval for the
               primary dwelling has been cancelled and is no longer in effect.
               This evidence must be to the satisfaction of Council.
               5.      CONSULTATION
               5.1. Referral Agencies
               Not Applicable
               5.2. Internal Council Referrals
               Not applicable
               6.      CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU26/0047 for a Material Change of Use - Short-term
               accommodation situated at 122 Musa Vale Rd Cooroy Qld 4563 and described as Lot 304 SP
               118015, it is recommended the application be approved in accordance with the following details
               for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              MCU26/0047

                   Street address:              122 Musa Vale Rd Cooroy Qld 4563

                   Real property description:   Lot 304 SP 118015

                   Planning Scheme:             Noosa Plan 2020 (20 March 2026)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Material Change of Use - Short-term accommodation
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.



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               4.     ASSESSMENT MANAGER 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 authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the issue
                      of any Development Permit for Operational Works*.

                         Plan No.           Rev.    Plan/Document Name                             Date

                         002892 A01           A     Site Plan prepared by RG Strategic             20/10/2025

                         0008 103              -    Floor Plan prepared by Dream Modular           5/07/2023

                         0008 104              -    Elevations prepared by Dream Modular           5/07/2023

                         0008 105              -    Elevations and Section prepared by Dream 5/07/2023
                                                    Modular

                      Currency Period
               3.     This development approval lapses if the use has not happened by 27 August 2032, unless
                      an application to extend the currency period is approved by Council.
                      Nature and Extent of Use
               4.     This approval allows for the use of the approved Secondary dwelling cabin building only for
                      the purpose of a Short Term Accommodation. The Short Term accommodation cabin as
                      shown on the approved plans, must be used in accordance with the Short Term
                      Accommodation definition under Noosa Plan 2020.
               5.     The approved use for the Short-Term Accommodation is to be within the existing and former
                      approved Secondary dwelling (46.5m²) cabin only. The Short Term Accommodation is to
                      occur in accordance with the administrative use definition of a Cabin under the Noosa Plan
                      2020 and as shown on the approved plans.
               6.     The use must be operated in accordance with the Local Law requirements for Short term
                      letting at all times.
               7.     The Short Term accommodation 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.
               8.     All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm
                      each night.
               9.     The primary (main) Dwelling house must not be used for Short-term accommodation at any
                      time.
               10.    Prior to the commencement of any Short-term accommodation use as shown on the
                      approved plans, all Short-term accommodation use of the primary (main) dwelling on the site
                      must cease. All advertising or listings for short-term accommodation of the primary dwelling
                      are removed.




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               11.    Prior to the commencement of the Short Term accommodation approved use as shown on
                      the approved plans, written evidence must be provided to Council confirming that the existing
                      short stay letting approval (SSL25/0041) applying to the primary dwelling house has been
                      cancelled and is no longer valid or in effect.
                      This evidence must be to the satisfaction of Council.
               12.    The short-term accommodation use is limited to a maximum of one bedroom and 2 (two)
                      guests at any one time, unless otherwise approved by Council.
               13.    The owner must reside on the site or be contactable at all times during guest occupancy to
                      address any issues arising from the use.
               Code of Conduct
               1.     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.
                      The code of conduct must advise all users of the premises:
                      a.    That the use of the premises must not:
                              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 a 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 13 of
                            this Development Approval.
               2.     The Code of Conduct must be displayed in a prominent location at the premises so that it
                      can be viewed by guests.




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                      Amenity
               3.     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.
                      Complaints Management
               4.     The contact person must maintain a record of all complaints received, identifying how each
                      complaint has been resolved or addressed within a reasonable time.
               5.     The contact person must respond to all complaints within 30 minutes of notification of a
                      complaint.
               6.     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:
                              iii.          the number of adults who are users of the premises; and
                              iv.      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.
               7.     The contact person, must make available, for inspection by Council, within 5 business days
                      of receipt of a written request given at any time:
                      a.      the written record of complaints referred to in Condition 18; and
                      b.      the register referred to in Condition 19.
                      Carparking
               8.     One carpark is to be provided for use by the occupants of the Short Term Accommodation
                      cabin.
                      Effluent Disposal
               9.     The Short Term accommodation must be provided with an on-site waste water treatment and
                      effluent disposal system having a capacity sufficient for the use.
                      Stormwater Drainage
               10.    Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Easements
               11.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               12.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               13.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.




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               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Advertising Devices
               1.     All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
                      (Administration) 2015 including both temporary and permanent signage. All freestanding,
                      pylon or pole signs or signage that is illuminated requires approval from Council prior to being
                      installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
                      prohibited from being erected in the Shire.
                      Infrastructure Charges
               2.     All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further       information,     please        refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
                      Equitable Access and Facilities
               3.     The plans for the proposed building work have NOT been assessed for compliance with the
                      requirements of the National Construction Code - Building Code of Australia (Volume 1) as
                      they relate to people with disabilities. Your attention is also directed to the fact that in addition
                      to the requirements of the National Construction Code as they relate to people with
                      disabilities, one or more of the following may impact on the proposed building work:
                      a.      the Disability Discrimination Act 1992 (Commonwealth);
                      b.      the Anti-Discrimination Act 1991 (Queensland); and
                      c.      the Disability (Access to Premises – Buildings) Standards.
                      Waste Water Treatment and Disposal System
               4.     The establishment of a waste water treatment and disposal system for the site requires a
                      Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002.
                      The system must be designed in accordance with the Queensland Plumbing and Wastewater
                      Code (Department of State Development and Infrastructure & Planning, 2007) and Australian
                      Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative
                      solution approved through Council’s Building and Plumbing branch. Where a development
                      exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s
                      Licence from the relevant State will also be required.




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                      Aboriginal Cultural Heritage Act 2003
               5.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).The ACH Act
                      establishes a cultural heritage duty of care which provides that: “A person who carries out an
                      activity must take all reasonable and practicable measures to ensure the activity does not
                      harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care.
                      Substantial monetary penalties may apply to individuals or corporations breaching this duty
                      of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister
                      administering the ACH Act can also issue stop orders for an activity that is harming or is likely
                      to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
                      heritage.
                      You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




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Document Set ID: 24890887
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