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MCU22/0209 Application For Material Change Of Use For Short Term Accommodation At 515 Cooroy Noosa Road, Tinbeerwah · Attachment 2 - MCU22 0209 - Planner'S Report

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ATTACHMENT 2 - MCU22 0209 - PLANNER'S REPORT


REPORT
1.   PROPOSAL
The application seeks approval to use an existing 2 storey dwelling at 515 Cooroy Noosa Road,
Tinbeerwah for short term accommodation. The dwelling has 5 bedrooms, 5 bathrooms and open
plan living areas on the ground floor and is proposed to accommodate up to 8 guests on site at
any one time. At the time of lodgement it was proposed to accommodate 10 guests, with the
applicant’s consultant later agreeing to limit the number of people to 8. No changes are proposed
to the dwelling, with a 2 car garage and wide concrete driveway and hardstand capable of
accommodating a further 4 vehicles if required. A fenced pool and outdoor area adjoin the dwelling
on the western side, as well as a storage shed which houses associated maintenance equipment.
Two large water tanks and bore water service the property. Refer Figures 1-4.




                                        Figure 1 – Locality




                                                                                    Page 1 of 10
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Page 2

Figure 2 –Aerial of Site




 Figure 3 – Floor Plan




                           Page 2 of 10

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Page 3

                                       Figure 4 – Elevation

2.   SITE DETAILS
2.1. Background
A Restaurant and Golf Course and Associated Facilities were approved over the subject site and
adjacent land in 1997, with the restaurant previously operating on the subject site.
An application (06/0436) to convert the restaurant to a dwelling house and use 3 bedrooms for bed
and breakfast accommodation was approved by Council in August 2006. The existing commercial
kitchen was to be retained and used in association with the bed and breakfast accommodation.
This approval was never acted upon though the restaurant building was converted to a dwelling.
2.2. Site Description
The site is located at 515 Cooroy Noosa Road, Tinbeerwah and has an area of 2.93ha, with access
via a service road that runs parallel to Cooroy Noosa Road, being a state controlled road. The
dwelling is visible from the road, but the site’s vegetation mostly screens the dwelling from the
neighbouring properties.
2.3. Surrounding Land Uses
The area is predominantly zoned Rural with land adjoining to the east zoned Environmental
Management and Conservation and is dedicated as a reserve to the state under control of Council
as trustee. Beyond this reserve the land is zoned Rural Residential and has been subdivided for
smaller rural lifestyle properties with the primary access being via Sunrise Road.
The closest dwelling is approximately 160m to the north of the site opposite Cooroy Noosa Road,
with the dwelling to the west approximately 180m and to the east 190m. Refer Figure 5.




                                                                                   Page 3 of 10

Page 4

                        Figure 5 – Closest dwelling is approx. 160m to the north

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:
•    State Planning Policy;
•    South East Queensland Regional Plan;
•    Planning Regulation 2017;
•    Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The 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 Regional Landscape and Rural Production Area of the SEQ Regional
Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
•    SEQ Regional Plan
•    Koala Habitat Area


                                                                                   Page 4 of 10

Page 5

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.
The proposal is mapped by the State as being a Koala Priority Area with vegetation along the site’s
western and eastern boundary mapped as Core Koala Habitat. No works or tree removal are
proposed on site to accommodate the use and therefore the proposal is consistent with the state
development assessment provisions.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in Tinbeerwah and is zoned Rural. The proposed use is identified as a
consistent use with the zone and is required to follow an impact assessable application process.
The application is made impact assessable by the Noosa Plan’s assessment tables due to the site
being under 4ha, with an area of 2.93ha. The application would otherwise be code assessable.
Being impact assessable, the application must be assessed against the whole of Noosa Plan 2020
to the extent the provisions are relevant to the development. The Strategic Framework and the
following codes are most applicable to the application:
•     Biodiversity, Waterways and Wetlands Overlay Code;
•     Bushfire Hazard Overlay Code;
•     Regional Infrastructure Overlay Code;
•     Rural Zone Code;
•     Visitor Accommodation Code; and
•     Works Codes.
3.4. Strategic Framework
The Strategic Framework recognises that tourism is a key sector of the Noosa economy and will
continue to be so into the future, with key visitor areas identified including Hastings Street, Gympie
Terrace, Noosa River, Tewantin Marina, Noosa National Park, Sunshine Beach, Peregian Beach,
Noosa North Shore and the hinterland.
However, the Strategic Framework also identifies that visitor numbers and associated pressures
are increasing in and around Noosa’s natural attractions and impacting residential amenity and the
lifestyle of locals, the local environment, and accommodation for residents and guests.
Consequently, the Noosa Plan identifies and protects visitor accommodation areas at Noosa
Heads, Noosaville and Noosa North Shore for visitors to the exclusion of permanent occupants. It
also conversely protects neighbourhoods of permanent residents from influxes of short-term
visitors recognising visitors interests and priorities are not always compatible with residential
amenity. These strategies are also reflected in the planning scheme’s assessment tables and
codes by identifying short term accommodation as an inconsistent use in the Low Density
Residential zone and requiring that medium and high density residential zoned areas remain home
to predominantly permanent residents.
Within the hinterland, the Strategic Intent states that the focus is directed towards high
quality nature-based and rural tourism experiences and events to diversify and balance the visitor
experience across Noosa Shire and promote the hinterland. The Tourism Strategy Noosa 2017-
2022 prepared by Tourism Noosa supports this focus by encouraging and promoting hinterland,
nature-based experiences to help disperse visitors throughout the region with a focus on ‘quality’
experiences that attract high spending interstate and international visitors to the region.
Accordingly, in the hinterland for rural zoned land, nature based tourism is identified as accepted
development subject to requirements or code assessable, with short term accommodation as code
assessable or consistent impact assessable. Visitor accommodation in the hinterland is supported
by the planning scheme but is required to be low density and small scale and not impact on rural
activities, or the amenity, character or environmental values of the area.
The proposed short term accommodation does not offend the Strategic Intent and Outcomes of
the Noosa Plan 2020, but it also does not necessarily offer or advance the ‘nature based and rural

                                                                                        Page 5 of 10

Page 6

tourism experience’ intended by the Strategic Framework, being on a 2.93ha lot and located in
proximity to coastal areas.
3.5. Overlay Codes
The subject site is identified on Council’s Overlay Maps as containing vegetation of biodiversity
significance, located within a bushfire hazard area and being within the water supply buffer and
resource catchment area for Lake Macdonald.
Assessment of the proposal against the Overlay Codes has not been undertaken as the Noosa
Plan assessment tables do not require assessment, given the proposed short term accommodation
will be contained within an existing dwelling and no works or vegetation removal are proposed.
Notwithstanding this, it is noted that bore water, 2 large water tanks, a swimming pool and dam are
located on site and can be utilised in the event of a fire, with access for emergency vehicles
accessible direct from the service road.
3.6. Rural Zone Code
The proposal is consistent with the code’s applicable overall outcomes for houses to be ‘…
available for short term guests where there is no resultant changes to the rural amenity or rural
production of the area.’ The proposed short term accommodation is located within an existing
dwelling and approximately 160m away from the closest dwelling, across Cooroy Noosa Road.
The site and land in the immediate area are also not used for rural production and are unlikely to
be in the future, given the lots are small in size.
The proposal is also consistent with the applicable performance outcome of the Code, with no
corresponding acceptable outcome included in the Code.
PO4
Visitor accommodation:
a) is at a small scale and low density that protects the environmental and rural values of the
     land;
b) is compatible with rural activities and nature conservation; and
c) does not detract from the rural amenity of adjoining properties.
The proposal is small in scale, will be compatible with the surrounding area and unlikely to detract
from the rural amenity of adjoining properties. The proposal is limited to 5 bedrooms and no more
than 8 persons on site at any one time. It is also located well away from neighbouring properties,
screened by vegetation and set well back from the adjoining reserve to the east. Figure 6 below
details the separation distances to the surrounding dwellings, with the closest dwelling being 160m
away opposite Cooroy Noosa Road, as follows:
•   23 Coveys Rd – 160m
•   499 Cooroy Noosa Rd – 193m
•   547 Cooroy Noosa Rd – 188m
•   26 Patterson Rd – 596m
•   523 Cooroy Noosa Rd – 614m




                                                                                      Page 6 of 10

Page 7

                        Figure 6 - Location of Proposed Use and Nearby Dwellings

Safe vehicle access from the service road has been demonstrated, with the state as a referral
agency requiring access to be via the existing driveway and inspection showing clear sight lines
for vehicles into and out of the site.
The proposal will also not result in any significant adverse impact on the natural values of the site
or surrounding area or detract from the scenic amenity as experienced from Cooroy Noosa Road,
being accommodated within the site’s existing dwelling.
3.7. Visitor Accommodation Code
The proposal complies with the Overall and Performance outcomes of the Code and is unlikely to
significantly conflict with nearby land uses, with no rural activity occurring on land in the immediate
area and the use being well separated from neighbouring houses. While the proposal does not
comply with AO2.3, which seeks that short term accommodation in the rural zone has a minimum
area of 4 hectares. Therefore, the proposal is assessed against corresponding Performance
Outcome PO2 as detailed below.
PO2
Development is located on a site with an area sufficient to accommodate the use without detracting
from the character and amenity of the local area.
The privacy and amenity of nearby properties will not be adversely impacted by the proposal given
the separation distances to neighbouring dwellings and existing vegetation providing a visual
screen. The use is also confined to the existing dwelling and landscaped surrounds and guest
numbers will be limited to 8 persons. Limiting the guest numbers to a maximum of 8 persons will
assist in managing guest behaviour and conduct. A condition is also recommended to limit the use
of the dwelling’s outdoor areas after 9pm.
Sufficient on site car parking and manoeuvring is also provided on site for the use within the existing
garage and driveway, with vehicles able to enter and leave the site in a forward gear.
The proposal is considered to comply with Performance outcome PO2.




                                                                                         Page 7 of 10

Page 8

4.      CONSULTATION
4.1. Referral Agencies
The application was referred to the Department of State Development, Infrastructure, Local
Government and Planning (SARA).
The Department is a referral agency for the application as access is via a state controlled road.
The Department has responded approving the application subject to the following conditions:
1.      The permitted road access location must be maintained and located in accordance with Site
        Plan prepared by RG Strategic, dated 08/12/22 reference 002622 and revision A.
2.      Direct access is prohibited between Cooroy Noosa Road and Lot 246 RP 855941 at any
        other location other than the permitted road access location described in condition 1.
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. One (1) properly made submission was received who advises they are a resident of
Patterson Drive, Tinbeerwah. The following table provides a summary and assessment of the
issues raised by submitters.

     Matters Raised                                Comments

     The proposal does not comply with the Agreed the proposal does not comply with the
     minimum 4ha area for the rural zone.  acceptable outcome of the code for 4ha.
                                           However, it does comply with the corresponding
                                           performance outcome.

     It is unclear whether the application was The application was accompanied by all
     accompanied by all mandatory material mandatory material. It is unclear which Act the
     under Schedule 21A.                       submitter is referring to as no schedule 21A exists
                                               in the Planning Act 2016 or Planning Regulation
                                               2017. It is noted that Schedule 21 under the
                                               Planning Regulation relates to exempt clearing of
                                               vegetation. No clearing of vegetation is proposed,
                                               and this schedule is not relevant to the application.

     The applicant’s planning report ignores       Noted. One dwelling being the closest from the
     the potential impact on many immediately      subject property is 160m away. Four other
     adjacent residential properties on the slip   dwellings are between 190m and 614m away from
     road, on the northern side of Cooroy          the property.
     Noosa Road, Sunrise Road and Patterson
     Drive – all of which are within the 600m
     referred to in the planning report.

     Vegetation will not shield residents to the   Agreed, vegetation will do little to mitigate noise
     from noise emanating from the property,       impacts for residents but provide a visual buffer.
     with the entertaining areas orientated
                                                   Council has no recorded complaints against the
     southwards to many adjacent properties.
                                                   property for use of the house as a party house or
     There have been occasions where
                                                   as short term accommodation.
     uncontrolled party noise from the property
     has disturbed local residents.




                                                                                         Page 8 of 10

Page 9

     The property forms part of the owners Noted, but not relevant to the application.
     commercial and residential property
     portfolio

     Airbnb advertises accommodation for 15 At the time of writing this report, the property was
     people and 6 bedrooms.                 being offered on Airbnb, for 5 bedrooms up to 10
                                            persons. Historical reviews of the property detail
                                            that up to 15 persons have been accommodated.

     The property includes reviews posted on It is noted that reviews are posted on AirBnB from
     AirBnB since at least July 2021         July 2021.
                                                      A condition has been included to limit the number
                                                      of occupants to 8 people. Compliance action can
                                                      be taken if the conditions are not complied with.
                                                      The property was not identified by the Tourist and
                                                      Short Term Accommodation review conducted in
                                                      April 2020 but was identified in October 2022. This
                                                      application enables council to determine the
                                                      suitability of short term accommodation for the
                                                      site.

     Only adjoining land owners were notified The application was publicly notified in
     and not others in the area.              accordance with the Planning Act 2016
                                              requirements which requires:
                                                      •   Letters to be sent only to adjoining land
                                                          owners;
                                                      •   A sign placed on the road frontage of the
                                                          property; and
                                                      •   A public notice placed in a local newspaper
                                                          circulating in the area.

5.      CONCLUSION & REASONS FOR DECISION
It is concluded that the proposed short term accommodation is consistent with the Noosa Plan
2020 being identified as a consistent use in the Rural Zone and compliant with the scheme’s
applicable codes. While the site is less than 4ha specified by the acceptable outcome of the
Visitor Accommodation Code, the proposal is well setback from neighbouring dwellings, achieving
the separation intended by the minimum site area, and this will ensure the use does not detract
from the character and amenity of the local area. The proposed maximum number of guests will
also assist in managing potential amenity impacts and a condition is recommended restricting the
use of outdoor areas after 9pm. On site car parking will meet the likely demands of the use with
safe access provided from the service road off Cooroy Noosa Road.
The application is therefore recommended for approval with conditions.
Departments/Sections Consulted:

        Mayor                     Community Services                              Corporate Services

        Councillors               Director                                        Director

                                  Community Development                           Financial Services

        Chief Executive Officer   Community Facilities                            Fleet

        Executive Support         Libraries & Galleries                           ICT

                                  Local Laws                                      Procurement

                                  Waste & Environment Health                      Property


                                                                                                Page 9 of 10

Page 10

                                                                   Revenue Services



Executive Services         Environment & Sustainable Development   Infrastructure Services

Director               x   Director                                Director

Community Engagement       Building & Plumbing Services            Asset Management

Customer Service       x   Development Assessment                  Buildings & Facilities

Governance                 Economic Development                    Civil Operations

People & Culture           Environmental Services                  Disaster Management

                           Strategic Land Use Planning             Infrastructure Planning,
                                                                   Design & Delivery




                                                                               Page 10 of 10

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