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Delegated Report - Code - Planning - MCU26 0047 (As Published)
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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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• An application was submitted for assessment under the superseded planning scheme to utilise the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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