MCU22/0209.01 - Minor Change To A Development Permit For A Material Change Of Use For Short Term Accommodation At 515 Cooroy Noosa Road, Tinbeerwah · Attachment 1 – MCU22 0209.01 – Officer’S Report

     adjoining neighbours. However, it is important to note that the planning scheme does not
     explicitly state a maximum number of guests allowed, providing an opportunity for flexibility
     in this matter.
     Both the applicant and RG Strategic have demonstrated that reasonable efforts have been
     made to mitigate the potential adverse effects through the imposed conditions within the
     decision notice that ensure the responsible management of the short-term accommodation.
The applicant also states that existing Conditions 6, 7 (amenity conditions restricting the use of
outdoor areas after 9pm and prohibiting parties) and 14 (code of conduct condition) of the approval
are controlling mechanisms for guest behaviour and conduct. The applicant provides the following
comments:
     Restricting guests within the dwelling will significantly reduce the potential disturbance to
     nearby residents or sensitive areas will be effectively minimised, specifically during late
     hours.
     …there are significant lounging areas within the property for guests to be dispersed
     throughout including an enclosed multi-purpose space, home theatre and dining area.
     Reinforcing that the size of the dwelling can comfortably accommodate up to 16 guests,
     ensuring no detrimental effects on neighbouring properties.
     The condition prohibiting parties from taking place within the short-term accommodation
     effectively addresses concerns about excessive noise and unruly behaviour. By explicitly
     disallowing parties, the applicant affirm their commitment to maintaining the amenity and
     ensuring that guests adhere to the intended purpose of a short-term rental.
     Additionally, the property is managed 24/7 using live, property management devices. These
     have been fitted to all common areas and allow the applicant to monitor noise levels (indoor
     and outdoor) and occupancy level.
Assessment of Request
The Assessment table for the Rural zone details that short-term accommodation is a consistent
code assessable use on rural lots over 4 hectares in size, where within a dwelling house with no
more than five bedrooms. Short-term accommodation in the form of cabins is also supported,
where no more than four free standing cabins and eight guests are proposed.
The intent of the 4-hectare lot size for code assessable short-term accommodation is to ensure
that a site has sufficient area to accommodate the use without detracting from the character and
amenity of the local area, and to provide sufficient separation to surrounding uses to mitigate
potential impacts of the use. Any application that does not meet these requirements triggers impact
assessment, as it is likely that the proposal would result in impacts on surrounding properties. The
subject site, at 2.93Ha in area is less than the 4-hectare lot size requirement which results in the
need for careful consideration of surrounding uses and the need to adequately mitigate amenity
impacts.
The overall outcomes sought for the Rural Zone Code and relevant to the proposal include:
     (a)   Visitor accommodation complements rural uses and promotes the sustainable use of
           rural land.

     (b)   Houses or outbuildings may be available for short term guests where there is no
           resultant changes to the rural amenity or rural production of the area.
Performance Outcome PO4 of the Rural Zone Code is relevant to the development and states:
     PO4
     Visitor accommodation:
     (c)   is at a small scale and low density that protects the environmental and rural values of
           the land;
     (d)   is compatible with rural activities and nature conservation; and
     (e)   does not detract from the rural amenity of adjoining properties.

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