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Response to Information Request

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Date: 14 June 21


The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565

Attention: Lisa Pinaar
Via Email ([email protected])

Dear Lisa,

RE:     Response to Information Request relating to a Change to Approval (other than a minor change) to
        MCU17/0563.02.01 to include Short-term Accommodation


I refer to Council’s Information Request issued on 27 May 2021 in relation to the above-mentioned application.

In accordance with Part 3 Section 13 of the Development Assessment Rules and the Planning Act 2016, we herby provide a
response to the items raised in the request as detailed below:

Issue - number of people proposed

Each of the 4 dwellings have 3 bedrooms each which would allow a minimum of 12 people to stay of site. The application
does not indicate the number of people proposed to use the dwellings for short term accommodation.

Information Required

1.    Provide the number of beds proposed/expected number of people for the short-term accommodation use.

Response

The two existing duplexes each contain 2 x 3-bedroom units, with there being a total of 12 bedrooms over the subject site.

It could reasonably be expected that up to 2 persons could be accommodated in each bedroom, considering that the units
could be rented by young couples seeking to reduce rental costs. This would mean that 6 persons could be accommodated in
each dwelling and a total of 24 persons over the whole of the site.

It is considered reasonable that the proposed short-term accommodation use could allow for the same number persons (24)
to be accommodated onsite without causing any intensification of the use. Our client would be satisfied for a condition to be
imposed to this effect. This approach would also be consistent with other short term accommodation applications and
approvals that Council recently given, including:
       • MCU19/0119.02 - 2 Nola Street, Noosaville
       • MCU20/0119 - 20 Nannygai Street, Noosaville
       • MCU20/0115 - 3 Robert Street, Noosaville


Issue - parking

The existing dwellings provides 8 car spaces. The Driveways and Parking Code prescribes the following rate for car parking
for Short Term Accommodation:
      Dwellings —
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            i.   if a small dwelling—one covered space up to two bedrooms and two covered spaces for three or more
                 bedrooms; and
           ii.   if not a small dwelling— two spaces; and
          iii.   one space per four dwellings.

Accordingly 5 covered car parking spaces in total per lot are required.

Information Required

2.     Provide evidence that the proposal can meet the required number of spaces, while allowing access to existing parking
       and manoeuvring on site.

Response

The site contains two duplexes, and each duplex contains 2 x 3-bedroom units. Each unit within the duplex is provided with a
double garage.

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 each unit. Therefore there would be no additional
carparking demand caused by the use.

While providing one space less than sought by Acceptable Outcome AO6.1 and Table 9.4.1.4 of the by Driveways and Parking
Code, the proposal would provide sufficient parking having consideration to the type and intensity of the use and the likely
number and type of vehicles to be generated by the development in accordance with Performance Outcome PO6 of the
Driveways and Parking Code.

The provision of a double garage for each unit would also be consistent with other short term accommodation applications and
approvals that Council has recently given, including:
    • MCU19/0119.02 - 2 Nola Street, Noosaville
    • MCU20/0119 - 20 Nannygai Street, Noosaville
    • MCU20/0115 - 3 Robert Street, Noosaville



Issue - pool and amenity to surrounding property

Usage of outdoor areas for short term accommodation may impact on surrounding residences with regard to noise and
privacy (refer PO25 a) & b) of the Visitor Accommodation code (this applies to dwellings on the subject site – ie. one dwelling
used for short term, the other 3 for permanent).
Information Required
3.     Provide a robust analysis of the impact of usage of these areas and measures that seek to satisfy Performance outcome
       PO25 of the Code.

Response

Our client has advised that they would regulate the use of the use of outdoor entertainment areas in accordance with the
following procedures so as to not cause an unreasonable loss of amenity to the surrounding area in accordance with PO25 of
the Visitor Accommodation Code:

     a) All outdoor areas, including balconies, decks, and the like, must not be used after 9pm each night and the pool area
        must not to be used after 8pm each night.
     b) Providing a code of conduct that ensures guests and use of the premises do 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. result in behaviour including:

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              • loud aggressive conduct;
              • yelling, screaming, arguing; or
              • 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).

The abovementioned operating procedures are consistent with other short-term accommodation uses that Council has
recently approved in the nearby area. These operating procedures will be incorporated in a code of conduct that guests must
agree to prior staying at the premises and this can form A condition of approval.


Issue - residential area

Overall outcome (2) (a) of the Medium Density Residential zone code seeks that ‘Medium density residential neighbourhoods
are predominantly home to permanent residents’.


Information Required

4.     Provide some analysis around the ratio of permanent residences and short term uses within the neighbourhood, which
       complies with Overall outcome (2) (a).

Response

The following provides a list of short-term accommodation uses in the surrounding Medium Density Residential zoned land:
    • 7-9 The Cockleshell - The Cockleshell Sands
    • 2 Nola Street - Short term Accommodation use (under assessment)
    • 4 Nola Street - Multiple Dwelling and Visitor Accommodation Use (under construction)
    • 15 The Cockleshell - Terrapin Apartments

These four properties used for short term accommodation purposes represent a ratio of 12.5% of the 32 properties within the
surrounding Medium Density Residential zoned land that front The Cockleshell, Nola Street, and Sylvia Street. While some
short-term accommodation uses exist and have recently been approved in the nearby neighbourhood, the majority of
properties are occupied by permanent residential uses and the proposal will not undermine the function of the Medium
Density Residential zone. Further, the proposed change would allow for the flexible use of the units for either permanent or
short-term purposes.




This office trusts that the information supplied comprehensively addresses all of the issues relating to the information request.
Should you have any further questions in relation to the proposal, please do not hesitate to contact the undersigned on 0423
952 928 or via email [email protected] sincerely,




Marcus Brennan
B. Urb. Reg. Plan.

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