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Council Report - MCU18 0102 02 - Final Report [As Published] · MCU18/0102.02
MCU18/0102.02 APPLICATION FOR AN OTHER CHANGE TO INCLUDE A FOOD AND DRINK OUTLET TO A DEVELOPMENT APPROVAL (VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL) FOR BOUNCE HOSTEL AT 14-16 MARY ST, NOOSAVILLE ATTACHMENT 1 – COORDINATOR PLANNING ASSESSMENT REPORT APPLICATION DETAILS Applicant Bounce Hostel Noosa P/L TTE Proposal Other Change to include a Food and drink outlet to Development Approval for Visitor Accommodation Type 4 – Conventional Properly Made Date 17 March 2023 Information Request Date Not applicable Information Response Date Not applicable Decision Due Date 22 September 2023 Number of Submissions Nil PROPERTY DETAILS Property Address 14-16 Mary St Noosaville Qld 4566 RP Description Lots 3 & 4 RP 122928 Land Area Lot 3 – 1145m2 Lot 4 - 1145m2 Existing Use of Land Bounce Hostel STATUTORY DETAILS SEQRP Designation Urban Footprint Zone District Centre Precinct Precinct 1 – Mary Street Health & Wellbeing Precinct Local Plan Area Noosaville Overlays Land Subject to Acid Sulfate Soils Flood Hazard Assessment Type Other Change to Approval Impact Document Set ID: 22542076 Version: 11, Version Date: 09/01/2024
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EXECUTIVE SUMMARY
This report provides an assessment of an application for an Other Change to the development
approval for the Bounce Hostel in Mary Street, Noosaville. The application requests that:
• Condition 5 be deleted, which requires the accommodation to be used for short term visitors
only, submitting it is not necessary; and
• The approval be changed to include a Food and Drink Outlet and condition 8 changed to permit
non-staying guests to attend the onsite café.
The Planning assessment concludes that there is no reason to delete condition 5 given it is
reflective of the approved use definition, does not further restrict the use and provides clarity
upfront in the Decision Notice.
In terms of the proposed Food and drink outlet, it is noted that the subject site is unique in the Mary
Street and Wellbeing Precinct, as the Noosa Plan specifically details the site as being suitable for
short term accommodation in the form of a hostel which includes ancillary recreation facilities for
guests. Further the existing development on site has been designed with recreational areas internal
to the site and screened to all boundaries by buildings and conditions imposed limiting hours of
operation and requiring a manager/ receptionist to be on site at all times.
Whilst the proposal falls short of the required carparking, the applicant has previously
demonstrated that the use can operate without impacting on the surrounding area in terms of noise
and carparking. Based on the carparking information provided and the existing built form and
conditions, it is considered that the proposed Food and drink use is reasonable subject to the
inclusion of an expiry date on the permit that limits the use unless Council agrees to an extension
having regard to any substantiated complaints that it may receive during operation.
It is therefore recommended that the application be approved in part.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated
15 January 2024 regarding Application No. MCU18/0102.02 for an Other change to Development
Permit for Material Change of Use – Visitor Accommodation Type 4 Conventional, situated at 14-
16 Mary St Noosaville and:
A. Refuse to delete condition 5 for the following reasons:
1. Condition 5 is reflective of the approved use definition for Visitor Accommodation Type
4 Conventional, does not further restrict the use and provides clarity for all owners/
operators.
B. Approve the Other Change to include the Food and drink outlet.
C. Agree to delete condition 8.
D. Include a new condition 62:
62. The Food and Drink Outlet approval lapses on 18 January 2025, unless written consent
is provided by Council’s delegate to extend the approval. In assessing a request to
extend the approval, Council will have regard to any substantiated complaints relating
to noise, car parking and any other relevant matters associated with the Food and Drink
Outlet use.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Document Set ID: 22542076
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ATTACHMENT 1 – (MCU18/0102.02) – COORDINATOR PLANNING ASSESSMENT
REPORT
REPORT
1. PROPOSAL
This application seeks an Other change to a development approval for the Bounce Hostel in Mary
Street, Noosaville to include a Food and drink outlet and allow for non-staying guests to attend the
site for the consumption of food and beverages. Currently the approval for the Bounce Hostel is
only for Visitor Accommodation Type 4 – Conventional with the following condition included:
8. The café, pool and sundeck must only be available for the residents of the visitor
accommodation use and must not permitted for use by persons not staying in the visitor
hostel.
The applicant also seeks that condition 5 be deleted suggesting it is superfluous as the approval
clearly sets out the use.
5. The approved accommodation units must be used for short term visitors only. The approved
units must not be occupied by persons for the purpose of permanent accommodation.
Figure 1 – Locality
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Figure 2 – Site Plan
2. SITE DETAILS
2.1. Background
On 15 November 2018 Council approved an application for Visitor Accommodation Type 4 –
Conventional with a Negotiated Decision issued in March 2019. At the time the application was
publicly notified, 5 properly made submissions were received with residents raising concerns about
the hostel’s location opposite Dan Murphy’s, the potential for excessive noise to be generated, the
lack of on-site car parking, and the setbacks and bulk of the building. Submitters also questioned
the need for a backpackers in this area.
On 1 December 2021 the Acting Director of Sustainable Development approved a ‘Temporary Use
Permit’ to allow for registered external guests (non-staying guests) to use the café and outdoor
sundeck area for the consumption of food and beverages sold on site due to the impacts of COVID
on the business. The temporary use permit was current until June 2023 and no complaints were
received during the period of operation.
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:
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• State Planning Policy;
• South East Queensland Regional Plan 2017;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2. 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 of the SEQ Regional Plan. The proposed change 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.
3.3. Statutory Instruments – Planning Scheme
The subject site is zoned District Centre and is situated within Precinct 1 – Mary Street/Thomas
Street Health & Wellbeing Precinct and the Noosaville Local Plan area. The proposed Food and
drink outlet is identified as an inconsistent use for the site under the precinct provisions that apply
and is required to follow an impact assessment process.
The proposed Other change must be assessed against the whole of Noosa Plan 2020 to the extent
the provisions are relevant to the development.
Condition 5
5. The approved accommodation units must be used for short term visitors only. The approved
units must not be occupied by persons for the purpose of permanent accommodation.
The applicant seeks that this condition be deleted as they consider it is superfluous as the Decision
Notice clearly states the use is only for Visitor Accommodation Type 4 Conventional.
The original application was lodged under the Noosa Plan 2006 and Visitor Accommodation Type
4 Conventional is defined as follows:
While the condition may be seen as superfluous, given it is reflective of the approved use as stated
in the Decision Notice, experience suggests that owners/operators continue to confuse this issue
and offer properties for uses not permitted. It is therefore recommended that as the condition does
not propose any further restriction than the use definition, it be maintained upfront in the conditions
for clarity.
Development Approval Type & Condition 8
• Development Permit for Material Change of Use of Premises (Visitor Accommodation Type
4 Conventional)
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8. The café, pool and sundeck must only be available for the residents of the visitor
accommodation use and must not permitted for use by persons not staying in the visitor
hostel.
The applicant requests that the Development Approval be changed to a include Food and drink
outlet as defined under the Noosa Plan 2020 with condition 8 to be changed to read as follows:
8. The café, sundeck and associated facilities within the resort, as indicated on the approved
plans, is approved to be used by resort guests and non-staying guests associated with the
Food and Drink Outlet use.
The applicant submits this change should be approved on the following grounds:
• The resort has been operating as a Food and drink outlet under the Temporary Use Permit for
more than 12 months.
• The resort has demonstrated it can operate with non-staying guests onsite consuming food
and drinks without any negative amenity impacts to surrounding residential uses.
• Existing kitchen and café facilities are used.
• Existing conditions of approval provide sufficient regulatory controls if the management were
to change.
• Car parking is provided by the original development with 3 car spaces and 3 motorcycle spaces
provided on-street directly in front of the development. Noting these spaces were not attributed
to the parking calculation of the original development but are now sought to be used.
• Basement car parking is significantly underutilised and could be used for patrons if needed.
The Noosa Plan 2020 details that uses in the Mary Street/Thomas Street Health and Wellbeing
precinct are low impact, include daytime use only if adjoining a residential zone and do not include
a food and drink outlet, shop, bar hotel or nightclub entertainment facility. Development is also not
to generate large volumes of traffic or require significant customer car parking. These provisions
are intended to provide a transition between the business centre opposite and residential uses
behind and protect resident’s amenity.
The subject site is somewhat unique in the precinct as the Noosa Plan specifically identifies it as
being suitable for short term accommodation in the form of a hostel which can include ancillary
recreation facilities for guests such as a cafe. The existing development on site has been designed
to minimise impacts on the surrounding area with recreational areas located internal to the site and
screened by buildings and the approval includes conditions that limit hours of operation (including
use of the pool and sundeck areas) as well as requiring a manager/ receptionist to be on site at all
times. A site inspection by staff confirmed the effectiveness of the design in providing buffering to
the adjoining residential areas.
The new Food and drink use does not result in changes to the built form and will allow external
patrons to visit the site and utilise the existing facilities. The applicant has demonstrated over time
that both uses, with appropriate management, can operate without impacting on nearby residents.
In this regard correspondence was received in February 2023 by Council from an adjoining
landowner to the rear who advises they have had no reason to complain and have no concerns
with the proposed Other change to the development approval.
In terms of traffic and car parking, the proposed change will generate some additional traffic and
car parking however this increase is unlikely to directly impact residents to the rear.
The proposed development previously complied with the car parking requirements of the Noosa
Plan 2006 code which required 1 space per 12 guests and 1 space per staff member with parking
for a courtesy shuttle bus. The approval is for a 122 bed hostel and has 13 car parking spaces, 1
bus space and 4 scooter spaces in the basement, with 2 parking spaces in the street already
accounted for the development, since they were created by the development at the time.
The area used for the Food and drink outlet is approximately 190m2, which would equate to a
requirement for a further 10 spaces on site were the outlet to be used only by non-staying guests.
It is however reasonable to assume that the outlet will be used for both resort guests and non-
staying guests and in this regard the applicant considers that at any given time a maximum of 80m2
may be used by external guests which equate to an additional 4 spaces.
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The applicant provided two surveys of video stills of the basement carpark to address carparking
demand for the development. The initial survey conducted between 13 February to 19 February
2023 by the applicant’s planning consultant, showed the basement to be generally underutilised
however did indicate that the carpark was full or almost full on Saturdays. Further information was
requested to be provided to cover a greater period of time with the applicant providing further video
stills for the period between Sunday 27 August 2023 to Saturday 23 September 2023. The
applicant noted:
The table below sets out the existing and required car parking for the 122 bed hostel and the
proposed Food and drink outlet. This table demonstrates that the proposed Food and drink outlet
would require an additional 4 spaces based on the applicant’s assumptions of usage.
Parking on Additional Total Parking Noosa Plan 2020
Site parking provided
created in the
street by the
development
122 bed 13 car 2 spaces 15 spaces 15.2 spaces
hostel spaces
1 bus space 1 bus space
1 bus space
4 scooter Plus motorcycle spaces &
4 scooter spaces bicycle spaces
spaces
20 bicycle
20 bicycle spaces
spaces
Food & - 4 additional spaces based on
Drink Outlet 80m2 being used by non-
– 190m2 staying guests
The Performance Outcome of the Driveways and Parking Code states:
PO6 Sufficient parking
a) is provided having regard to the specifics of the use including—
i. the type and intensity of land use;
ii. any existing parking available on the site;
iii. hours of operation;
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iv. likely numbers of users;
v. accessibility to the site by means other than private motor vehicle;
vi. the peak parking demand periods of uses on the site; and
vii. the availability of alternative car parking; and
b) is provided to accommodate the number and type of vehicles and motorcycles likely
to be generated by the development.
The proposed use and carparking is generally considered to meet the above outcomes as the site
is well located in walking distance to surrounding accommodation and likely users, is on bus route
and peak times are likely to be outside peak operations of the surrounding commercial
development.
The request to approve the operation of a Food and drink outlet which allows for non-staying guests
to attend the site for the consumption of food and beverages is supported and condition 8 is
recommended to be deleted to enable this to occur.
Whilst the applicant has demonstrated that the existing carparking on site has been sufficient for
the use during the 12 month period it operated in 2023, it is recommended that a new condition be
included to allow for the Food and Drink Outlet to operate for 12 months and for further written
consent from Council to be required to continue to the use after this time. Consent via written
consent will mean that there is no financial impost by way of an application fee to change the
development approval but permits Council the ability to continue to review the matter.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. No submissions were received.
5. CONCLUSION & REASONS FOR DECISION
The applicants request to delete condition 5, which requires the accommodation to be used only
for short term visitors is not supported as the condition provides clarity as to the approved use.
The applicant also seeks an Other change to a development approval to allow for non-staying
guests to attend the site for the consumption of food and beverages. The proposal does not seek
to change the existing built form and use areas and it is concluded that there are sufficient grounds
for the proposed Food and drink outlet to operate ancillary to the existing Visitor Accommodation
(Hostel ) use despite its conflict with the Noosa Plan 2020. The applicant has demonstrated that
impacts on the adjoining residential area will be minimal and not visible to the surrounding area.
As the proposal does not meet carparking requirements it is recommended that a condition that
restricts the use for a limited time period with any extension to consider objections that may be
received be included.
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Document Set ID: 22542076
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Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Document Set ID: 22542076
Version: 11, Version Date: 09/01/2024
Used in these records
Council Report - MCU18 0102 02 - Final Report [As Published].pdfRelated documentApplication case desk ↗
Council Planners Report - MCU18 0102 02 - Final Report [As Published].pdfRelated documentApplication case desk ↗
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