Council Report MCU20 0097

MCU20/0097 application for a development permit for MATERIAL CHANGE OF USE for short term accommodation at 1/27 Hill street, sunshine beach

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU20/0097

Attachments	1.		Floor plans

APPLICATION DETAILS
Applicant	Jennifer O'Malley Barry O'Malley
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	22 September 2020
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	3 February 2021
Number of Submissions	12 properly made submissions

PROPERTY DETAILS
Property Address	1/27 Hill St Sunshine Beach Qld 4567
RP Description	Lot 1 SP 314729
Land Area	160m²
Existing Use of Land	Dwelling unit (part of duplex)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Coastal Communities
Zone	Medium Density Residential Zone
Overlays	Landslide Hazard Overlay
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated 18 January 2021 regarding Application No. MCU20/0097 for a Development Permit for Material Change of Use - Short-term accommodation situated at 1/27 Hill St, Sunshine Beach and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
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
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
18-076 - 04	4	Proposed Ground Floor Plan prepared by ICON Building Design as annotated by Council	03.05.2019
18-076 - 05	4	Proposed First Floor Plan prepared by ICON Building Design as annotated by Council	03.05.2019
18-076 - 06	4	Elevations prepared by ICON Building Design as annotated by Council	03.05.2019
18-076 - 07	4	Elevations prepared by ICON Building Design as annotated by Council	03.05.2019
Currency
This development approval lapses if the use has not happened by 21 January 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The total number of bedrooms on the site must not exceed 2.
No more than 4 guests may occupy the premises at any time.
All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm each night.
The 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.
Amenity
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.
Car Parking
Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short term accommodation.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Waste containers must:
At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container.
Contact Person
Prior to the commencement of the use written confirmation must be provided to Council confirming:
the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
that the contact person is available 24 hours a day, 7 days a week; and
that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and
that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries.
A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
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:
That the use of the premises must not:
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
cause a nuisance (including a noise nuisance);
display unacceptable behavior including:
loud aggressive behaviour;
yelling, screaming, arguing; or
excessively loud cheering, clapping and singing.
create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise).
That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility.
That each vehicle used by an user of the premises must:
be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
be parked within the parking facilities at the premises where provided.
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.
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.
That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
The nature and extent of the approved use as detailed in conditions numbers 4 to 7 of this development approval.
The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
The contact person must respond to all complaints within 30 minutes of notification of a complaint.
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:
on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis:
the number of adults who are users of the premises; and
the number of minors, an individual who is under 18, who are users of the premises.
the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended.
The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
the written record of complaints referred to in condition 18; and
the register referred to in condition 20
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
This application seeks a Material Change of Use for Short-Term Accommodation within the existing 2 bedroom dwelling unit, being unit 1. It is proposed that each bedroom accommodate 2 persons therefore the maximum number of guests proposed is 4.
The applicant advises that the property will be managed by Team BnB Australia Pty Ltd, an Airbnb management company servicing Noosa and its surrounding area.
A letter from Team BnB is included in the supporting documents lodged with the application. The letter confirms that Team BnB manage a number of properties in the Noosa area and are committed to ensuring that all their guests respect the property and surrounding area and will therefore be enforcing the conditions and Code of Conduct that is proposed by Council as part of the proposed Short Stay Letting Local Law. Although the local law is not yet is place, Team BnB intend to enforce the proposed conditions and Code of Conduct which include the following measures:
Having house rules in place that all guests have to accept at time of booking. These include no parties / events / schoolies, no loud noise at any time, quiet hours from 9pm, limiting the number of guests to 2 per bedroom, limiting the number of cars to the allocated spaces available;
Waste management including professional bin cleaning by a local operator;
Property Management including the upkeep of gardens and pools, and compliance with Pool and fire safety;
Management and staff live locally and someone is always available to be contacted, including after hours; and
Displaying the required contact person notice to provide details of the contact person for the property and confirming that they are available 24 hours a day, 7 days a week and are within 20 minutes travel time of the premises. The notice will include contact details for the property manager.
It is envisaged other measures will also be applied to the property to ensure full compliance with the Local Law and Code of Conduct once these are implemented by Council to ensure that any potential impacts on the amenity of the local area are managed appropriately. It is also relevant to note that once the Local Law has been adopted by Council, the owners will need to apply each year to continue to operate short term accommodation at the property and if three (3) or more offences against the Local law have been recorded against the property, the approval to operate the short accommodation will not be renewed. This Local Law will give Council further control over the long term operation of this type of property and will ensure that it will continue to be managed responsibly in the long term.
The subject site and surrounding locality are detailed in the following aerial photographs:

Figure 1: Subject site

Figure 2: Locality Plan
site details
Background
A development permit for Multiple Housing Type 2 – Duplex was issued on 16 July 2019. The duplex replaced a two storey detached house and comprises 2 x 2 bedroom, 2 storey dwelling units. Separate access from Pacific Avenue and Hill Street is provided. Each dwelling unit contains a single garage whilst an additional car park/turn around bay is also provided on the subject site.
A summary of the approved plans a detailed below:

Figure 3: Elevation renders

Figure 4: Ground floor plans
Figure 5: First floor plans
Site Description
The subject site is located on the corner of Hill Street and Pacific Avenue. The unit which forms the basis of this application is located on the southern side of the lot, with vehicle access from Hill Street.
Both bedrooms are located on the top floor of the dwelling whilst the garage, living and dining areas are located on the ground floor of the premises.
Private open space associated with the dwelling unit is located directly adjacent to the frontage of the site and is directly accessible from the internal living space.
There are significant road verges in front of the site on either side of Pacific Avenue and the Pat Mullins Park, a public park, on the opposite side of Hill Street. The Hill Street/Pacific Avenue intersection is a busy junction with traffic using both these collector roads to access Sunshine Beach from the David Low Way to the north and south.
Surrounding Land Uses
North: Pacific Avenue, 69 Elanda Street and 1 Henderson Street. 69 Elanda Street contains multiple dwellings. 1 Henderson Street is a duplex. Due to the wide road reserves the closest dwelling unit is approximately 50 metres from the subject site.
South: 25 Hill Street. A residential dwelling situated adjacent to the rear of the dwelling units situated at 27 Hill Street.
East: Hill Street and Pat Mullins Park
West: 2/27 Hill Street. The adjacent dwelling unit which forms part of the duplex at 27 Hill Street. A common wall separates the dwelling units and outdoor recreation areas. Access is obtained via Pacific Avenue.
assessment
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;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 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 area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek that neighbourhoods of permanent housing are protected from short term visitor accommodation that would impact on the amenity enjoyed by residents and that the planning scheme protects areas for visitor accommodation with a  range of accommodation styles envisaged to support the local tourism industry.
The planning scheme regulates where short term accommodation may occur within residential zoned land and includes provisions which seek to protect the amenity of the surrounding area.
The strategic intent is to limit visitor accommodation in traditional residential neighbourhoods of detached dwellings, but allow it in higher density areas typically zoned for unit developments and located generally closer to centres, facilities and services. The proposed short term accommodation supports Noosa’s tourism industry and provides an alternative form of visitor accommodation to resort, motel development etc.
The proposal is consistent with the Strategic Framework as it is located within a higher density area, in close proximity to Sunshine Beach village.
Locality Provisions
The subject site is located in the Coastal Communities Local Plan Area and is zoned Medium Density Residential. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
The Medium Density Residential Zone Code and the Coastal Communities Local Plan Code both include provisions which address the potential impacts of short term accommodation. The relevant provisions are:
Medium Density Residential Zone code
6.3.2.2	Purpose and Overall Outcomes
(a)	Medium density residential neighbourhoods are predominantly home to permanent residents.
(h)	Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
6.3.2.3	Assessment Criteria
AO6.2
Short-term accommodation does not:
constitute a party house;
create noise that would unreasonably impact on the residential amenity enjoyed by the adjoining or surrounding properties.
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:
the privacy of residents on the subject property or adjoining properties;
any likely increase in noise to adjoining properties;
the scale of the use and its compatibility with the character and uses within the property or surrounding area;
retention of the primary residential function of an area;
the residential function and arrangement of common property;
the impact on the safety and efficiency of the local road network;
the impact of waste storage areas  on the visual amenity of the area;
the location of waste storage areas in relation to sensitive land uses; and
any impact on shared vehicular access or parking.
Coastal Communities Local Plan Code
7.2.6.2	Purpose and Overall Outcomes
(m)		Sites identified for tourist accommodation are retained and developed for that use to maintain a diversity and choice of visitor accommodation and affordability in the local plan area.
(v)	Development in Sunshine Beach –
(ii)		has a comparatively high proportion of multi-unit accommodation for both visitors and residents;
(iii) 	for visitor accommodation is managed appropriately so as not to reduce the amenity of the surrounding permanent residents and to retain and adequate supply of permanent housing in the local plan area;
7.2.1.3	Assessment Criteria
PO14
Development provides a diversity of types and styles of visitor accommodation to cater for a range of visitor experiences in close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent residential dwellings.
The planning scheme priorities the preservation of areas which are predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short term accommodation.
Whilst acknowledging that there are a number of permanent residential dwellings within the surrounding area it is also noted that a number of visitor accommodation facilities are located within the broader Sunshine Beach locale and also within close proximity to the site. These include Parkshores Holiday Apartments, Sundancer Holiday Apartments, the Courtyards on Hill Street and Sunseeker Lodge. Furthermore, there are numerous properties which are currently being used for short term accommodation as evidenced by Airbnb listings.
The following images detail the location of these facilities:

Figure 6: Location of visitor accommodation within proximity of the site

Figure 7: Location of available Airbnb properties within proximity of the site
It is acknowledged that the use of premises for short term accommodation has the potential to have a significant impact on the amenity of the surrounding residential area. These impacts are often attributed to noise, car parking and waste disposal. The requirement for a development application for short term accommodation provides the opportunity to regulate the use of the site so as to mitigate these potential impacts.
The location of the unit at the corner of an intersection with wide road verges provides significant separation of the dwelling unit from surrounding uses to the north and east. As result, the outdoor living space of the dwelling unit is approximately 50 metres from the properties on the opposite side of Pacific Avenue and is at least 70 metres from the closest property on the opposite side of Hill Street.
However, dwelling unit, which forms part of the same duplex, adjoins unit 1.   The following is noted in this respect:
No objection has been received from the owner of the adjoining dwelling unit;
Outdoor areas including balconies are located to the front of the site adjacent to the Pacific Avenue road reserve;
The internal areas adjacent to the rear boundary include a garage, ensuites, laundry and a bedroom which will generate limited noise;
The dwelling unit has a single lock up garage with space for a second vehicle to park in front and therefore complies with the Driveways and Carparking Code requirement for 2 car parking spaces; and
The unit also has its own dedicated waste storage area.
It is noted that the applicant has proposed a suite of conditions which are to be imposed on prospective tenants. The applicant advises that these measures include:
These include no parties / events / schoolies, no loud noise at any time, quiet hours from 9pm, limiting the number of guests to 2 per bedroom, limiting the number of cars to the allocated spaces available;
Waste management including professional bin cleaning by a local operator;
Property Management including the upkeep of gardens and pools, and compliance with Pool and fire safety;
Management and staff live locally and someone is always available to be contacted, including after hours; and
Displaying the required contact person notice to provide details of the contact person for the property and confirming that they are available 24 hours a day, 7 days a week and are within 20 minutes travel time of the premises. The notice will include contact details for the property manager.
Accordingly conditions are recommended to address potential amenity impacts. These generally align with the measures proposed by the applicant including limiting the number of guests to 2 persons per bedroom, prohibiting the use of outdoor areas after 9pm and requiring a register of complaints to be maintained.
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for contaminated land (unexploded ordinance)
The Department has responded advising that they have no objection to the proposal and provided no conditions.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. 12 properly made submissions were received, all raising issues of objection. The location of the objectors in relation to the subject site is identified in the following image:

Figure 8: Location of subject site and objectors
The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Land use Shortage of permanent affordable rentals – impact on hospitality workers Will set a precedent to approve short term accommodation at the adjoining dwelling unit Unreasonable that dwelling unit was approved as part of a duplex and first owner seeks to use it for purpose of short term accommodation This site is located at the entrance to an area which is primarily residential No more visitor accommodation should be permitted in this area Impractical to have one of two duplex dwelling units used for short term accommodation Not reasonable for duplex to be turned in to a resort Short term accommodation destroys character of neighbourhood	It is acknowledged short term accommodation utilises housing supply which could be used for other purposes and potentially impacting on rent prices of the remaining housing stock to be used for permanent rentals. However, short term accommodation is a consistent land use within the Medium Density Residential Zone with the subject site being ideally located within close proximity of services and the beach. Importantly the appropriate zones for short term accommodation was extensively discussed during the preparation of the Noosa Plan 2020. In this respect, it is important to note that the Council’s intent for the Medium density residential zone is for it to accommodate permanent residential living interspersed with some visitor accommodation. The principle of the proposed development is therefore entirely consistent with the Council intent for the zone.
Amenity Loss of amenity to neighbouring properties Permanent residents should be protected from the impacts of short term residents Solid wall to private open space will project sound Management is ineffective – on-site manager and pools closed after 8pm is required in nearby resorts Will impact on street car parking What constitutes 4 people? – how is this enforced?	Short term accommodation has the potential to impact on the amenity of the surrounding area if the use is not appropriately managed. Accordingly, it is proposed to include conditions which address amenity including the number of guests, hours of use of outdoor areas and complaints management. Notwithstanding, there are also aspects of the layout and location which provide significant separation to dwellings to the north and east whilst the location of outdoor areas adjacent to the road and low noise generating areas to the rear of the site will also aid in reducing the impacts of the proposed land use on the surrounding properties. It is also noted that Council is currently working on a new Local Law to assist in managing short term accommodation in the Shire. In this regard it is recommended that an Advisory Note be included detailing that approval may be required under a Local Law for the continued use of short term accommodation in the future.
Other Diminution of property values Outdoor living areas are not private, the area is visible to passers-by. Difficulty accessing copies of the notification material The residents should be the primary person in  residence for at least 6 months per year	Impact on property values is not a matter which can be considered. There is no requirement for outdoor areas to be screened from public view. The application was satisfactorily conducted with relevant documents being available on Council’s website. There is no requirement for short term accommodation to be the owner’s principal place of residence unless they seek to limit the short term accommodation use to those elements required under the Accepted Development’ provisions.
conclusion & REASONS FOR DECISION
The application seeks to use a dwelling unit for the purpose of short term accommodation. The dwelling unit forms part of a duplex and is located adjacent to the intersection of Hill Street and Pacific Avenue. The key issue associated with the assessment of the application is the potential for detrimental impacts on the amenity of the surrounding residential properties. Whilst acknowledging that short term accommodation has the potential to impact on the amenity of the area the proposed use has been identified as a consistent use within the applicable zone and an extensive suite of conditions are recommended to address the operation of the use to preserve the amenity of the area.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			X Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 5 of 15

[word/header1.xml]
3

[word/header2.xml]
GENERAL COMMITTEE MEETING REPORT	18 JANUARY 2021

[Attachment: image1.png (image text)]
 

at
P48 120 asRRae1 12)

Je

281
AsPig7zs9

5 7 oskatgieg)
5 >" ee E ® 4
Geuriaat
| Fok a
a

' 1 ao

¥

Se

IGE OS 78 nae

10, "i
i ee 0BUB4722)


[Attachment: image3.png (image text)]
I!
PANY
PROPOSED
IVE VIEWS
Hill
Mp

[Attachment: image4.png (image text)]
 

 

 

 

 

 

 

 

{\Seieeee |

 

 

 

—

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i came | ;
= mica | 3
. worm | |
s Ung atteccovee J
a sae '
-E i
i 3
d mason 25

 

 

PROPOSED GROUND FLOOR PLAN

 

 


[Attachment: image5.png (image text)]
 

 

 

 

PROPOSED FIRST FLOOR PLAN


[Attachment: image7.png (image text)]
I
Crank

 

 

 

 

 

 

 

 

 

 

 

 

&
2 ‘
1,011 AUD.
%,, ShotaUD :
2 i
4 io = $913 AUD a
1 3 AUD 46
1 $1,190 AUD eyo ;
& ° ~_$1,110 AUD s 8 é
‘ 61 2 :
y a 7 7 :
: , 3 2 &
$794 AUD ee z $1,941 AUD i
. ° a8
% .
> , 2
$595AUD $1,209 AUD > ne iG \
eeeenerSt Wi q Cs ELON ee
a lildflower St :
' 9
Lo $1,502 AUD @ s es = C
. REG 3 : |
1 2 Co oY
19 y .
fy, $1,964AUD hy | :
va Z ‘ | |
De
Hill St . 3
. Hill St < om