Original source · versioned page text
planning report Park Cr_Dowd
Development Application
Planning Report
Other Change to MCU17/0046
for Short Term Accommodation and Dual Occupancy
situated at 2/38 Park Cr, Sunshine Beach
(Lot 2 SP297608)
Page 1 of 10
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 9 pages
Page 2
Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 7
4.1 Other Change Assessment ..........................................................................................................7
4.2 Strategic Framework ..................................................................................................................7
4.3 Coastal Communities Local Plan Code ........................................................................................7
4.4 Medium Density Residential Zone Code .....................................................................................8
4.5 Visitor Accommodation Code .....................................................................................................9
5.0 State assessment and other matters ................................................................................ 10
5.1 State interests .......................................................................................................................... 10
5.1.1 Matters established in the Planning Regulation ............................................................................ 10
5.1.2 State Planning Policy ...................................................................................................................... 10
6.0 Conclusion ....................................................................................................................... 10
Client Name: Lawrence Dowd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 2
Date: 16 April 2021
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
Page 2 of 10
Page 3
1.0 Summary
1.1 Development application details
Proposed development: Dual occupancy & Short Term Accommodation
Type of approval sought: Other Change to Existing Approval
Site address: 2/38 Park Cr, Sunshine Beach
Real property description: Lot 2 SP297608
Site area: 180m2
Assessment manager: Noosa Council
Owner details: Lawrence Dowd
Applicant details: Lawrence Dowd c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy 2017
Regional plan: SEQ Regional Plan 2009–2031 Urban footprint designation.
Designation:
Planning scheme: The Noosa Plan 2020
Zone: Medium Density Residential zone
Level of assessment: Impact
Applicable overlays: Coastal Protection Overlay
Applicable codes: Coastal Communities Local Plan Code
Medium Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Code
Visitor Accommodation Code
Works codes
1.3 Referral agencies
Nil
Page 3 of 10
Page 4
2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use Existing duplex
Frontage and 15m to Ross Crescent and existing parking to the front of the building
access
Topography and The site steeply slopes from west to east with views to the ocean and
views beyond.
Existing Approval MCU17/0046 – Duplex
Figure 1: Aerial view and site identification. Subject site identified with a black perimeter
Source: Noosa DA Mapping System
Page 4 of 10
Page 5
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Dwelling houses and units exist along Park Crescent and Crank Street. The majority
of the units have been constructed prior to The Noosa Plan 2006 and therefore have
existing use rights for both short term accommodation and permanent residential
uses. There are also dwelling houses close by in the Medium Density Residential
zone where short-term accommodation and permanent residential uses are
consistent uses. The subject site is in close proximity to the Sunshine Beach village
centre, the Sunshine Beach surf club and a patrolled beach.
South On the seaward side of Park Crescent to the south are dwelling houses in Low
Density Residential zone as shown in Figure 1 above. Given these houses are
affected by the Natural Resources Overlay for Coastal Protection it is likely the
dwellings have a planning approval which essentially ‘locks’ in the use rights
afforded by the superseded planning scheme definition of a Detached House giving
these dwelling houses the right to be used for both permanent and short-term
accommodation for the life of the development.
East The premises adjoin a walkway directly to the beach and located beyond, a dwelling
house in the Low Density Residential Zone. This dwelling has a planning approval,
and as discussed above, can be used for either permanent or short-term
accommodation.
West To the west of the site is High Density Residential zone where short-term
accommodation and permanent accommodation is a consistent use. The majority
of the units were constructed prior to The Noosa Plan 2006 and therefore have use
rights for both permanent and short-term accommodation.
Page 5 of 10
Page 6
3.0 Proposed development details
Table 3: Summary of development aspects
Material change of use (No changes to built form)
Bedrooms 3 bedrooms
Gross floor area (GFA) 160m2
Car parking 2 car spaces
The application proposes to use the existing unit 2 for short term accommodation. No changes are
proposed to the existing unit, with a copy of the existing approved building included below:
Figure 2: Proposal floor plans
Page 6 of 10
Page 7
The following features relating to the management of the short-term accommodation are proposed:
- Maximum of 6 guests only within the three bedrooms.
- A local property manager will oversee the letting, management and maintenance.
- A code of conduct is to be developed for all guests.
- A local contact person must respond to complaints within an allotted timeframe.
- Two car parking spaces are available for guests.
- No parties or events are to occur on the premises.
- Restrict the use of outdoor areas after 9pm.
4.0 Planning assessment
4.1 Other Change Assessment
A Change other than a minor change under the Planning Act 2016, allows for a change that may
result in a substantially different development. Section 82(4) of the Planning Act 2016 prescribes the
matters for assessing the deciding the change application in the context of the existing development
approval.
The following assessment considers the applicable matters in the context of an existing approval for
a duplex, and the change to incorporate short term accommodation in Unit 2.
The application also includes a change to a dual occupancy to afford the right for the premises to be
used for permanent accommodation at anytime.
4.2 Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes that seek neighbourhoods are protected from
short term visitor accommodation that would negatively impact on their amenity. However, the
planning scheme also protects areas for visitor accommodation with a range of accommodation
styles envisaged to support the local tourism industry.
The strategic intent is to limit visitor accommodation in traditional residential neighbourhoods of
detached dwellings but allow it in areas zoned for unit developments and located generally closer to
centres, facilities and services. The proposal is located a short walk from the Sunshine Beach village
centre, the Sunshine Beach surf club, parks and importantly adjoins a lawful walkway directly to the
beach. The proposed short term accommodation supports Noosa’s tourism industry and provides an
alternative form of visitor accommodation to resort and motel.
The proposal is consistent with the Strategic Framework as it is located within a unit area, near all
the amenities Sunshine Beach offers.
4.3 Coastal Communities Local Plan Code
The Overall Outcomes of the local plan code seeks for development in Sunshine Beach to provide
for a high proportion of multi-unit accommodation for both visitors and residents. The development
provides for visitor accommodation in close proximity to the Sunshine Beach Village shops and
existing visitor accommodation units, consistent with Performance Outcome 14 and 15 of the Local
Plan Code.
Page 7 of 10
Page 8
4.4 Medium Density Residential Zone Code
Performance Outcome O6 describes specifically about Short Term Accommodation and is
reproduced below:
PO6 Visitor accommodation is limited to formats compatible with the character and use of the area so as
not to cause unreasonable loss of residential amenity, having regard to:
a) the privacy of residents on the subject property or adjoining properties;
b) any likely increase in noise to adjoining properties;
c) the scale of the use and its compatibility with the character and uses within the property or
surrounding area;
d) retention of the primary residential function of an area;
e) the residential function and arrangement of common property;
f) the impact on the safety and efficiency of the local road network;
g) the impact of waste storage areas on the visual amenity of the area or sensitive land uses;
h) the location of the waste storage in relation to sensitive land uses; and
i) any impact on shared vehicular access or parking.
The site is surrounded by existing two and three storey units and dwelling houses of which many are
let for visitor accommodation. Sunshine Beach is well known holiday destination and has a general
mix of permanent and visitor accommodation given its ideal location near the beach, and its food
and retail offerings at the village centre. The proposed use is adds to character of the Sunshine
Beach village and is compatible and consistent with uses in the area. The unit is not proposed to be
a party house and stringent management will control the short-term use to ensure the privacy of
permanent residents in the surrounding area. The units design ensures privacy between neighbours
as the main living and outdoor dining areas orientate to the east overlooking the beach and swimming
pool away from the adjoining unit/s.
There are limited shared common areas given that each unit has their own driveway, carport, entry
and bin storage area and conflict is unlikely to eventuate. Specific requirements will be built in to a
‘code of conduct’ and provided to all users and occupants to regulate amenity, waste, vehicles,
guests and pets.
Short term accommodation is typical surrounding the proposal complements and is consistent with
the character of Sunshine beach. The use of the premises will not impact on the function or amenity
of any of the surrounding uses.
In accordance with recent approvals for Short Term Accommodation in the Sunshine Beach area
the unit will ensure a local contact person responds to complaints within an allotted timeframe and a
record is kept of all complaints and their resolution. The property will also be required to register for
any Local Law for short stay letting (currently draft) the Council implements.
Parking is adequate as 2 car spaces is provided onsite for each of the dwellings. The 2 car spaces
comply with the requirement for a dwelling in a Dual Occupancy configuration and there is no reason
that any more car spaces would be required because the premises is used for short term
accommodation. Importantly, there are not expected to be anymore guests for short term
accommodation than there would be for a dual occupancy.
Page 8 of 10
Page 9
4.5 Visitor Accommodation Code
The specific Purpose and Overall Outcomes are reproduced below:
(1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation is appropriately
located, designed and operated in a manner which meets visitor needs, protects and enhances
landscape values, protects the amenity of surrounding premises and avoids conflicts with surrounding
uses.
(2) The overall outcomes sought for the Visitor Accommodation Code are:
(a) Visitor accommodation is compatible with and benefits from Noosa Shire’s natural
environmental values.
(b) Visitor accommodation offers a wide range of experiences for guests both in coastal areas
and in the hinterland.
(c) Visitor accommodation is located and designed in a manner which sensitively responds to
site characteristics.
(d) Visitor accommodation does not detrimentally impact upon the biodiversity and natural
landscape values of its setting.
(e) The density and design of visitor accommodation integrates with the urban or landscape
fabric of its particular locality.
(f) Visitor accommodation located near permanent residents does not detract from the amenity
enjoyed by residents.
(g) Visitor accommodation does not impact on the ability of rural land owners to carry out
agricultural pursuits.
(h) Visitor accommodation provides high quality amenities and facilities commensurate with
its setting, the types of accommodation supplied and the length of stay accommodated.
(i) Visitor accommodation forms a key element of the local tourism industry.
(j) Visitor accommodation provides for a wide range of visitors.
The site is located within a predominantly short-term accommodation area and is more than 100m
from any educational or childcare centres, and is not considered to conflict with nearby land uses.
Sufficient carparking is also provided to accommodate 2 cars provided to the front of the site as
discussed above in Section 4.4 of this report.
The unit also includes high end finishes with dining, kitchen and laundry facilities to accommodate
the needs of visitors in an appropriate location close to beaches and shops, consistent with the
Outcomes of the code.
Page 9 of 10
Page 10
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil – Outside the Koala Assessable Development Area.
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not affected by the provisions.
6.0 Conclusion
This application seeks an Other Change for Short Term Accommodation situated at 2/38 Park
Crescent, Sunshine Beach. The proposal is a consistent use in the Medium Density Residential Zone
and is required to follow an impact assessment process.
In accordance with S45 of The Planning Act 2016 an Impact assessment application must be
assessed against the assessment benchmarks (Noosa Plan 2020), and other relevant matters (i.e.
planning need, changed circumstances).
The assessment finds the proposal meets the relevant Acceptable and Performance Outcomes of
the Noosa Plan 2020, and the consistent use does not require an assessment against other relevant
matters. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.
Page 10 of 10