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122 Musa Vale Rd - MCU Planning Report - Code
Town Planning Report Application for a Development Permit – Material Change of Use for Short-Term Accommodation in a 46.5m² dwelling. 122 Musa Vale Road, Cooroy 4563 QLD Lot 304 on SP118015 James Austin & Jody Austin
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Table of Contents
Important Note 1
Summary 2
1.1 Level of Assessment 3
1.2 Planning Report Details 3
Application Information 4
Development Intent 5
Characteristics of Site and Surrounds 7
1.3 Site Characteristics 7
1.4 Surrounding Land Uses 8
1.5 Current Registered Landowner 8
Proposed Development Details 9
1.6 Short-Term Accommodation 9
State Planning Interests 10
1.7 Planning Act 10
1.8 Referral Agencies and State Development Assessment Provisions 10
1.9 State Planning Policy 10
1.10 South East Queensland Regional Plan 2023 11
Local Planning Scheme Considerations 11
1.11 Level of Assessment 11
1.12 Strategic Framework 12
1.13 Applicable Codes 14
1.17 Works Codes 19
1.18 Applicable Overlay Codes 21
Conclusions 24
List of Tables
Table 1: Application Information ...........................................................................................................................................................4
Table 2: Project Team and Appendices ............................................................................................................................................4
Table 3 - DAMS - Matters of State Interest ................................................................................................................................... 10
List of
Figure 1 - Small dwelling for STA ...........................................................................................................................................................2
Figure 2 - Floor Plan...................................................................................................................................................................................5
Figure 3 - Internal image .........................................................................................................................................................................6
Figure 4 - Site Location............................................................................................................................................................................ 7
Figure 5 - Contour Plan ............................................................................................................................................................................ 7
Figure 6 - Zone Map ................................................................................................................................................................................. 11
Figure 8 - Bushfire Overlay.................................................................................................................................................................... 21
RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of James and Jody Austin (“Client”) for the
specific purpose of demonstrating the proposed use as being permitted under the Noosa Plan
2020 (“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it
and does not apply directly or indirectly and will not be used for any other application, purpose,
use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and current. Where we have obtained information from a government register
or database, we have assumed that the information is accurate. Where an assumption has been
made, we have not made any independent investigations with respect to the matters the subject
of that assumption. We are not aware of any reason why any of the assumptions are incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim arising out
of or incidental to a Third Party; and
• publishing, using or relying on the facts, content, opinions or subject matter contained in this
report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this
report with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third
Party assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic
from any loss, damage, claim or liability arising directly or indirectly from the use of or reliance on
this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
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Summary James and Jody Austin (the Applicant) have engaged RG Strategic to seek development approval for a Code assessable Material Change of Use for short-term accommodation within an existing 46.5m² small dwelling at 122 Musa Vale Road, Cooroy QLD 4563, formally described as Lot 304 on SP118015. The application seeks approval to establish short-term accommodation within the existing approved secondary dwelling, referred to in this report as the small dwelling. The short-term accommodation use is proposed on the same site as the principal place of residence of one of the owners. The main dwelling on the land is occupied by one of the owners as her principal place of residence and is to be retained for permanent residential occupation. As part of the proposed land use outcome, the existing short-term accommodation approval applying to the main dwelling is to be relinquished. The small dwelling is fully self-contained, approved, and serviced by an existing high-quality access road and established onsite infrastructure. No physical changes are proposed to the small dwelling. The application does not seek approval for building work, extensions, external alterations, vegetation clearing, earthworks, new access arrangements or additional servicing infrastructure. The proposal relocates the existing short-term accommodation use from the five-bedroom main dwelling, currently approved for up to 8 guests under Local Law approval SSL25/0041, to the much smaller one-bedroom small dwelling. This results in a clear reduction in the scale and intensity of short-term accommodation on the site. The proposal constitutes development under Schedule 2 of the Planning Act 2016. This report demonstrates that the proposed Material Change of Use is appropriately made and that the development can be supported having regard to the relevant provisions of the Noosa Plan 2020 (March 2026), including the Rural Zone Code, Visitor Accommodation Code, relevant Works codes and applicable overlay provisions. Figure 1 - Small dwelling for STA RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 2
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1.1 Level of Assessment
The subject site comprises an area of 41.56 hectares and is included within the Rural Zone, in
accordance with the Noosa Plan 2020.
As determined in accordance with Part 5, Tables of Assessment, Table 5.5.13 — Rural Zone, Short-
term accommodation is identified as a consistent use and is subject to Code assessment where
the applicable assessment criteria are satisfied.
The proposed development satisfies the relevant Code assessable pathway because:
a. on the same site as one of the applicant's principal place of residence;
b. located on a site with an area of at least 4 hectares; and
c. not incorporating conference or function facilities; and
d. within no more than four guestrooms, cabins or permanent tents, not exceeding
200m2 total gross floor area and accommodating no more than eight guests.
The application is therefore properly made as a Code assessable Material Change of Use. The
relevant assessment benchmarks include the Rural Zone Code, Visitor Accommodation Code,
applicable Works codes and relevant overlay code provisions.
1.2 Planning Report Details
This planning report provides details of the nature of the proposal, describes the site
characteristics and surrounding land uses, and provides a statutory assessment against the intent
of the Noosa Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the Noosa Plan 2020, and
• A conclusion that provides summary grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Form and
appendices. The proposed Short-term Accommodation is consistent with the relevant codes and
intent of the Noosa Plan 2020 (March 2026) for the subject land and warrants approval subject to
reasonable and relevant conditions.
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Application Information
Table 1: Application Information
Address 122 Musa Vale Road, Cooroy 4563 QLD
Real Property Description Lot 304 on SP118015
Land Area 41.56 Ha (415,650m2)
Easements The site is not affected by easements.
Covenant The site is not affected by any covenants
Local Authority Noosa Council
Planning Scheme Noosa Plan 2020 (March 2026)
Zone Rural Zone
SEQ Regional Plan 2023 Regional Landscape and Rural Production Area
• Rural Zone Code
Relevant Development
• Visitor Accommodation Code
Codes
• Works Codes
• Bushfire Hazard Overlay
Relevant Overlay Codes o High and Medium and Potential Impact Buffer
Applicant James and Jody Austin C/- RG Strategic
Level of Assessment Code Assessment
Referral Agencies Not Applicable
Table 2: Project Team and Appendices
Town Planning RG Strategic
Site and Small dwelling
RG Strategic Appendix A
Plans
Effluent Information RG Strategic Appendix B
Short Stay Local Law
Noosa Council (SSL25/0041) Appendix C
Approval
Development Approval Noosa Council (DBW23/0078) Appendix D
Relinquish Existing Use
Jody and James Austin Appendix E
Rights + PPR Evidence
Code Tables RG Strategic Appendix F
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Development Intent James and Jody Austin (the Applicants) seek development approval for a Code assessable Material Change of Use for short-term accommodation within an existing approved 46.5m² small dwelling at 122 Musa Vale Road, Cooroy QLD 4563, formally described as Lot 304 on SP118015. The development intent is to relocate the existing approved short-term accommodation use from the main dwelling to the existing approved secondary dwelling, referred to in this report as the small dwelling. As part of that outcome, the existing short-term accommodation approval applying to the main dwelling will be relinquished, and the main dwelling will be retained for permanent residential occupation. The short-term accommodation use is proposed on the same site as the principal place of residence of one of the owners. The main dwelling is occupied by one of the owners as her principal place of residence. The approved small dwelling (DBW23/0078) is fully self-contained and serviced by an existing high-quality access road and established onsite infrastructure. No physical changes are proposed to the small dwelling. The application does not seek approval for building work, extensions, external alterations, vegetation clearing, earthworks, new access arrangements or additional servicing infrastructure. The proposal confines short-term accommodation to a much smaller one-bedroom dwelling, rather than the existing five-bedroom main dwelling currently approved for up to 8 guests under Local Law approval SSL25/0041. This produces a clear reduction in the scale and intensity of short-term accommodation on the site. Figure 2 and Figure 3 show the floor plan and an internal image of the existing small dwelling proposed to be used for short-term accommodation. Figure 2 - Floor Plan RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 5
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Figure 3 - Internal image RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 6
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Characteristics of Site and Surrounds 1.3 Site Characteristics The subject site is located at 122 Musa Vale Road, Cooroy 4563 QLD and is formally described as Lot 304 on SP118015 as shown in Figure 4 Site Location Map. Figure 4 - Site Location The site has a number of small ridges overlooking 4 main gullies. The existing dwelling is located on the western ridge and the secondary dwelling on an eastern ridge. The land has both steep and gentle slopes to the gullies as seen on the contour plan in Figure 5. Figure 5 - Contour Plan RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 7
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The subject site is located within the Rural Zone, and accesses power and telecommunications, provide on-site water supply; and on-site effluent disposal treatment system for the dwelling house and a separate system for the secondary dwelling proposed for STA. 1.4 Surrounding Land Uses The subject land situated on Musa Vale Road and surrounded by rural holdings similar to or smaller than the subject site. Small hobby farm type rural activities are found in the surrounding area but no significant agricultural uses. 1.5 Current Registered Landowner The current registered landowner of the subject site is James and Jody Austin. The details are confirmed by the certificate of title and the written consent from the registered owner, which is enclosed with this application. RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 8
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Proposed Development Details 1.6 Short-Term Accommodation This application seeks a development permit for a Code assessable Material Change of Use for short-term accommodation within the existing approved secondary dwelling, referred to in this report as the small dwelling, on the subject land. The approval sought is specifically for the use of the existing small dwelling for short-term accommodation purposes. The small dwelling is an existing approved structure under Building Approval DBW23/0078, is fully self-contained, and is serviced by an existing high-quality access road and established onsite services. The application does not seek approval for any building work, extension, external alteration, vegetation clearing, earthworks, new access, or additional servicing infrastructure. The built form, siting and presentation of the small dwelling will remain unchanged. The proposed short-term accommodation use is located on the same site as the principal place of residence of one of the owners. The main dwelling on the land is occupied by one of the owners as her principal place of residence and is to be retained for permanent residential occupation. As part of the overall land use outcome sought by the application, the existing short-term accommodation approval applying to the main dwelling will be relinquished. The practical effect of the application is therefore to relocate the existing short-term accommodation use from the main dwelling to the small dwelling. In this regard, the application does not seek to increase or expand short-term accommodation on the land. Rather, it seeks to confine that use to a much smaller building. The proposed short-term accommodation is to occur within a one-bedroom small dwelling, instead of the existing five-bedroom main dwelling currently approved for short-term accommodation under Local Law approval SSL25/0041. Accordingly, if approved, the proposal will substantially reduce the scale and intensity of short-term accommodation on the site, including the potential number of guests, visitor activity, traffic generation, and the overall extent of visitor use occurring on the land. The land use outcome sought is clear and deliberate: the main dwelling is to be retained for permanent residential occupation by one of the owners, while short-term accommodation is to be confined to the existing small dwelling. Accordingly, the development sought by this application is properly characterised as a reduced- scale short-term accommodation outcome within an existing approved small dwelling, together with the cessation of short-term accommodation in the main dwelling and the retention of that dwelling for permanent residential use. RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 9
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State Planning Interests
The following is an assessment of how the proposed development addresses the relevant
statutory planning documents.
1.7 Planning Act
The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development
applications are assessed. The development application is made in accordance with s.51 of the
Act.
1.8 Referral Agencies and State Development Assessment Provisions
Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the
Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) Development
Assessment (DAMS) online mapping system has confirmed there are no referral required.
Table 3 - DAMS - Matters of State Interest
DAMS Overlay Comment
Native Vegetation Parts of the subject site is affected by the Regulated vegetation
Clearing management map (Category B extract). The development has
been informed by these natural constraints and the
development has been located to avoid vegetation removal
and disturbance, is outside all riparian areas and setback
appropriately from watercourses.
The proposed development does not trigger referral to SARA.
Koala Habitat Area While the site contains mapped Core Koala Habitat Area, no
disturbance to this vegetation is proposed as part of the
development application and the site is not within Koala Priority
Area (KPA)
1.9 State Planning Policy
The State Planning Policy (SPP) provides the legislative guidance with regard to the Queensland
Government’s policies and matters of state interest for land use for the purposes of planning
development.
The SPP applies to development assessment should the local planning instrument (planning
scheme) not appropriately integrate the SPP. Where there is any inconsistency with the planning
scheme the SPP prevails.
The Noosa Plan 2020 where relating to this development, has fully integrated the SPP into the
scheme. Therefore, assessment against the SPP is not required.
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1.10 South East Queensland Regional Plan 2023
The South East Queensland Regional Plan 2023 (SEQRP) guides land use and development in the
region. The subject land is located within the Regional Landscape and Rural Production Area of
the SEQRP.
The proposal is consistent with the intent of the SEQRP designation by providing a potentially
consistent use on the site that protects the values of this land by providing a means to future proof
the site from urban and rural residential encroachment. Additionally, the proposed development
will support the economic growth of the local area. Lastly, the use is of a scale consistent with the
SEQRP intent for this designation.
Local Planning Scheme Considerations
The subject is located within the Rural Zone. The proposed Short-Term Accommodation is subject
to assessment under the Noosa Plan 2020 (March 2026). The following is a review of the proposed
development under the Noosa Plan 2020.
Figure 6 - Zone Map
1.11 Level of Assessment
Within the Noosa Plan 2020, Table 5.5.13 — Table of Assessment for the Rural Zone identifies Short-
term accommodation as Code assessable where the relevant criteria are satisfied
If:
• on the same site as the applicant's principal place of residence;
• located on a site with an area of at least 4 hectares; and
• not incorporating conference or function facilities; and
• within no more than four guestrooms, cabins or permanent tents, not exceeding
200m2 total gross floor area and accommodating no more than eight guests.
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The application is therefore properly made as a Code assessable Material Change of Use.
The Code assessment trigger arises from the nature and scale of the proposed use, which is
limited to the existing approved one-bedroom small dwelling. The proposal does not involve any
building work, vegetation clearing, earthworks, new access arrangements, additional servicing
infrastructure or expansion of the existing built form.
The application also results in a reduced short-term accommodation outcome on the land. The
existing short-term accommodation approval applying to the five-bedroom main dwelling is to be
relinquished, and short-term accommodation is to be confined to the much smaller one-bedroom
small dwelling.
This reduces the potential number of guests, visitor activity, traffic generation, waste generation
and overall visitor use of the site.
The main dwelling is to be retained for permanent residential occupation and is occupied by one
of the owners as her principal place of residence.
Accordingly, the proposal satisfies the relevant Code assessable criteria and is to be assessed
against the applicable assessment benchmarks, including the Rural Zone Code, Visitor
Accommodation Code, relevant Works codes and applicable overlay code provisions.
1.12 Strategic Framework Context
The application is Code assessable. The Strategic Framework is not relied upon as an impact
assessment pathway. The following comments are provided only as contextual planning support,
and to demonstrate that the proposal is consistent with the broader policy intent of the Noosa Plan
2020.
3.2.2 A well managed and sustainable Noosa Shire
Key challenges
The planning scheme will focus on a number of key challenges including:
• the changing nature of businesses including increased diversity in key sectors and
provision for multi-purpose flexible work spaces
• the impacts of climate change on the local environment, economy and communities
• an aging population and meeting the housing, health, social and transport needs of an
increasing proportion of
• elderly people
• the provision and long term security of housing supply for residents
• competition for the use of housing stock between residents and visitors
• diversity in housing choice to provide suitable residential accommodation for low to
medium income earners
• the need to keep pace with rapidly evolving transport systems and technology, plus
meeting the transport needs of locals, key workers and visitors
• large populations to the south of Noosa Shire adding to demands on services, facilities,
open space and car-parking areas during peak times.
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3.2.6 A diverse and resilient economy
The Noosa Economic Development Strategy 2021-2030 aims to broaden the economic structure
of the local economy by achieving growth in 'smart' industry sectors that offer high economic value
and low environmental impact. Encouraging and developing new priority sectors is key to
transition to a Smart Biosphere that is future focused, evidenced based and focuses on people
and place. The strategy has a focus on developing an economy less reliant on tourism and
population driven industries and encouraging industry sectors focused on:
• Health and wellness
• Digital economy
• Rural enterprise
• Environmental research industry
• Emerging technology
• Knowledge Industry
• Education and training
• Visitor economy
• Professional services
• Knowledge Industry and
• Creative industry
Tourism
Tourism is a key sector of the Noosa economy and will continue to be so into the future.
Key visitor areas include Hastings Street, Gympie Terrace, Noosa River, Tewantin Marina, Noosa
National Park, Sunshine Beach, Peregian Beach, Noosa North Shore and the hinterland.
Within the hinterland, tourism is directed towards high quality nature-based and rural experiences
and events to diversify and balance the visitor experience across Noosa Shire. 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 Shire.
3.3.1 Settlement
…(n) Noosa continues to be a highly regarded destination for visitors from around Australia
and overseas. Varying types of accommodation and services cater for visitor needs.
3.3.3 Housing choice
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…(o) Neighbourhoods of permanent housing are protected from short-term accommodation in
the form of entire dwellings and uses that would impact on the amenity enjoyed by residents,
however residents may share their home with guests in a well managed fashion to limit
potential impacts.
Assessment
The proposal aligns with the Strategic Framework for the following reasons:
• The proposal returns the existing five-bedroom main dwelling to permanent residential
use, thereby supporting the long-term availability of housing and responding to the
identified challenge of competition between resident housing and visitor accommodation.
• Short-term accommodation is confined to an existing approved and self-contained small
dwelling. No new built form, vegetation clearing, earthworks or servicing upgrades are
proposed. This supports the protection of rural landscape values and avoids cumulative
impacts on the rural area.
• The proposal reduces the scale and intensity of short-term accommodation on the site
from a five-bedroom dwelling to a one-bedroom dwelling. This materially reduces the
potential for visitor-related impacts, including noise, traffic, waste generation and guest
activity.
• The small dwelling is already serviced by an existing high-quality access road and
established onsite infrastructure. The reduced-scale use will not place any additional
demand on the local road network, services or infrastructure.
• The proposal provides a modest and low-impact rural accommodation offering that is
consistent with the hinterland’s role in providing high-quality nature-based and rural visitor
experiences.
• By retaining visitor accommodation in a small-scale form while restoring the main dwelling
to permanent residential use, the proposal appropriately balances housing protection,
rural amenity and the visitor economy.
Overall, the proposal results in a clear reduction in the scale and intensity of short-term
accommodation on the site, strengthens the permanent residential function of the land, and
maintains a low-impact visitor accommodation outcome consistent with the strategic intent for
the Noosa hinterland.
1.13 Applicable Codes
Table 5.5.19 Table of Assessment for the Rural Zone prescribes the following codes as being
applicable to the proposed Short-Term Accommodation use:
• Rural Zone Code,
• Visitor Accommodation Code
• Works Code
The above development codes are considered below.
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1.14 Rural Zone Code The subject site is located within the Rural Zone and therefore assessment against the Rural Zone Code is required. The proposed development has been assessed against the relevant Acceptable Outcomes and where applicable the Performance outcomes. This assessment is contained within – Appendix F Code Tables. 1.15 Alignment with the Noosa Plan 2020 Rural Zone Code Summary of Alignment with the Purpose and Overall Outcomes of the Rural Zone Code The proposal is consistent with the purpose of the Rural Zone Code and relevant overall outcomes, particularly overall outcomes (b), (c), (h), (i), (j), (o), (p), (q), (r) and (t). The Rural Zone is intended to provide for rural uses and activities, together with other uses that are compatible with existing and future rural activities, the character and environmental features of the zone, and the ongoing capacity of land for rural use. This application does not seek any new building work, earthworks, vegetation clearing, new access, or new servicing infrastructure. It seeks approval for short-term accommodation within an existing approved 46.5m² self-contained small dwelling on a 41.56 hectare rural holding. At the same time, the existing short-term accommodation activity in the larger main dwelling is to cease and that dwelling is to revert to permanent residential occupation. In those circumstances, the proposal is properly characterised as a low-intensity and compatible rural land use outcome, rather than an expansion of visitor activity on the land. The most relevant overall outcomes are those which facilitate small-scale tourism in suitable locations, provide housing for permanent residents, and contemplate visitor accommodation that complements rural uses and promotes the sustainable use of rural land without resultant changes to rural amenity or rural production. The proposal aligns with those outcomes. It involves only an existing approved small dwelling. It materially reduces the scale of short-term accommodation on the site by shifting that activity from an existing five-bedroom dwelling to a one-bedroom small dwelling. It also enables the main dwelling to return to its primary residential role. The landowners have formalised the proposed land use outcome in their declaration and undertaking to Council — Appendix E. That undertaking includes commitments to cease short-term accommodation in the main dwelling, remove any short-term accommodation listings for that dwelling, and cancel and/or not renew the current local law approval for the main dwelling once the replacement approval for the small dwelling becomes effective. This is a significant aspect of the proposal, as it confirms that the application will not result in two short-term accommodation uses operating on the land. Rather, short-term accommodation will be confined to the existing 46.5m² small dwelling, while the main dwelling is retained for permanent residential occupation by one of the owners as her principal place of residence. The proposal is also consistent with the overall outcomes directed to the protection of rural amenity, ecological values, landscape character and infrastructure function. The site already contains the relevant dwelling and access arrangements. RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 15
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The planning material identifies that the small dwelling already has separate on-site effluent disposal, access to on-site water supply, and an existing high quality access road. It also confirms that no vegetation clearing or disturbance is proposed as part of the development application. As a result, the proposal does not reduce the productive capacity of the land, does not fragment the rural holding, does not introduce additional built form into the landscape, and does not create any new conflict with surrounding rural properties or existing infrastructure. Rather, confining short- term accommodation to the much smaller existing building reduces the potential for visitor- related impacts, including traffic, noise, waste generation and activity levels, when compared with the existing approved short-term accommodation scenario in the main dwelling. The broader rural character outcomes are likewise maintained. The land is a substantial rural holding with existing dwellings separated across ridgelines and surrounded by other rural properties. The proposal does not alter the siting, external presentation or built form of the small dwelling. It therefore does not detract from the scenic and landscape values of the locality. It remains a modest, self-contained accommodation offering that is subordinate to the rural and residential function of the land. Accordingly, the proposal is consistent with the purpose of the Rural Zone Code and the relevant overall outcomes, particularly those relating to compatible rural land uses, small-scale tourism, permanent resident housing, protection of rural amenity, and the maintenance of the environmental and landscape values of the zone. To the extent that certain overall outcomes concern matters such as extractive industry, lot reconfiguration, home-based business or recreational trail provision, those outcomes are not directly engaged by this application and are therefore neutral. The key point is that the proposal produces no new physical development and no intensification of use. Rather, it produces a more limited and more appropriate short-term accommodation outcome within the Rural Zone. Summary of Alignment with the Performance Outcomes and Acceptable Outcomes The detailed assessment against the Rural Zone Code as contained within Appendix F – Code Tables, demonstrates that the proposal complies with the relevant Performance Outcomes and Acceptable Outcomes and results in a planning outcome that is consistent with the intended function of land in the Rural Zone. The assessment confirms that the proposal maintains the primacy of permanent residential use on the land, while confining visitor accommodation to a materially smaller and lower-intensity form. It also demonstrates that the proposal comfortably satisfies the quantitative indicators for small- scale visitor accommodation in the Rural Zone, including the requirements relating to gross floor area, site coverage and accommodation density. The code assessment further confirms that the proposal does not compromise agricultural land, does not create conflict with adjoining rural activities, does not adversely affect rural amenity, and does not introduce any new environmental or infrastructure impacts. Importantly, the assessment must be understood in light of the substantive reduction in short-term accommodation intensity proposed by the application. The approved visitor use is not being RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 16
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expanded. Rather, it is being transferred from an existing larger five-bedroom dwelling to a much smaller one-bedroom small dwelling, with the main dwelling returning to permanent residential use. Viewed as a whole, the detailed Performance Outcome and Acceptable Outcome assessment confirms that the proposal is a reduced-scale, low-intensity and compatible rural visitor accommodation outcome that warrants approval. 1.16 Alignment with the Visitor Accommodation Code (9.3.5.2) Summary of Alignment with the Purpose and Overall Outcomes of the Visitor Accommodation Code. The proposal is consistent with the purpose of the Visitor Accommodation Code and relevant overall outcomes, particularly overall outcomes (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j). The purpose of the code is to ensure visitor accommodation is appropriately located, designed and operated in a manner that meets visitor needs, protects and enhances landscape values, protects the amenity of surrounding premises, and avoids conflicts with surrounding uses. In this case, the application does not seek any new building work, earthworks, vegetation clearing, new access, or new servicing infrastructure. It seeks approval for short-term accommodation within an existing approved 46.5m² self- contained small dwelling on a 41.56 hectare rural property. At the same time, the existing short- term accommodation activity in the larger main dwelling is to cease and that dwelling is to revert to permanent residential occupation. In those circumstances, the proposal is properly characterised as a reduced-scale and lower- intensity visitor accommodation outcome that is compatible with its rural setting and does not give rise to any new land use conflict. The most relevant overall outcomes are those which require visitor accommodation to be compatible with Noosa Shire’s natural environmental values, offer appropriate hinterland visitor experiences, respond sensitively to site characteristics, avoid adverse impacts on biodiversity and landscape values, not deplete housing stock for permanent residents, integrate with the landscape fabric of the locality, protect the amenity of nearby residents, avoid impacts on rural landowners’ activities, and provide amenities and facilities commensurate with the setting and form of accommodation. The proposal aligns with those outcomes. It is to occur within an existing approved small dwelling only. It materially reduces the scale of short-term accommodation on the site by shifting that activity from an existing five-bedroom dwelling to a one-bedroom small dwelling. It also enables the main dwelling to return to permanent residential use, thereby strengthening, rather than diminishing, the permanent housing function of the land. The landowners have formalised the proposed land use outcome in their declaration and undertaking to Council. That undertaking includes commitments to cease short-term accommodation in the main dwelling, remove any short-term accommodation listings for that dwelling, and cancel and/or not renew the current local law approval for the main dwelling once the replacement approval for the small dwelling becomes effective. RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 17
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This is a significant aspect of the proposal because it confirms that the main dwelling is to remain for permanent residential occupation and that visitor accommodation is to be confined to the much smaller existing dwelling only. In practical terms, the proposal does not deplete housing stock for permanent residents. Rather, it redistributes the approved visitor use in a way that reduces its scale and preserves the primacy of residential occupation on the site. The proposal is also consistent with the overall outcomes directed to protection of landscape values, site responsiveness, amenity and compatibility with surrounding rural land uses. The site already contains the relevant dwelling and access arrangements. The planning material confirms that the small dwelling is fully self-contained, has an existing high quality access road, and is supported by separate on-site effluent disposal and on-site water supply. It also confirms that no vegetation clearing or disturbance is proposed as part of the development application. As a result, the proposal does not introduce additional built form, does not alter the existing landscape presentation of the site, and does not create any new conflict with surrounding rural properties or infrastructure. Rather, by confining short-term accommodation to the much smaller existing dwelling, the proposal reduces the potential for traffic, noise, waste and guest activity when compared with the existing approved short-term accommodation scenario in the main dwelling. The broader visitor accommodation outcomes are likewise satisfied. The proposal offers a modest, self-contained hinterland accommodation experience within a large rural holding and therefore contributes to the diversity of visitor experiences available in Noosa Shire, particularly in the hinterland. At the same time, the scale, density and built form of the use remain appropriately limited. The visitor accommodation is integrated with the landscape fabric of the locality, does not detract from the amenity enjoyed by nearby residents, and does not affect the ability of surrounding rural landowners to continue rural pursuits. The completed code assessment also confirms that the site area, access, parking, infrastructure and servicing arrangements are more than adequate for the reduced-scale use proposed. Accordingly, the proposal is consistent with the purpose of the Visitor Accommodation Code and the relevant overall outcomes. In particular, it provides a small-scale and appropriately located form of hinterland visitor accommodation that is responsive to the site, compatible with its rural context, protective of amenity and landscape values, and supportive of the continued permanent residential use of the main dwelling. The key point is that the application does not expand visitor accommodation on the land. Rather, it results in a more limited and more appropriate short-term accommodation outcome within an existing approved small dwelling. Summary of Alignment with the Performance Outcomes and Acceptable Outcomes of the Visitor Accommodation Code The detailed assessment against the Visitor Accommodation Code as contained within Appendix F – Code Tables, demonstrates that the proposal complies with the relevant Performance Outcomes and Acceptable Outcomes for short-term accommodation on rural land. The assessment confirms that the site comfortably exceeds the minimum area required for the use, that the proposed accommodation has a scale and density compatible with the rural character of RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 18
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the locality, and that the use will not create conflict with nearby land uses or adversely affect the
safety or efficiency of the road network.
The assessment also confirms that adequate existing access, parking, water supply and on-site
effluent disposal arrangements are available to support the use.
Importantly, the code assessment confirms that the proposal is a reduced-scale and low-intensity
form of visitor accommodation. Short-term accommodation is to be confined to an existing
approved one-bedroom small dwelling on a 41.56 hectare rural property, rather than the existing
larger five-bedroom main dwelling.
In those circumstances, the proposal remains consistent with the Planning Scheme’s expectation
that short-term accommodation in the Rural Zone be small-scale and subordinate to the primary
rural and residential use of the land.
The result is a visitor accommodation outcome that is compatible with the character and amenity
of the locality and warrants approval.
1.17 Works Codes
Table 5.5.13 — Table of Assessment for the Rural Zone identifies that the relevant Works codes in
Chapter 9.4 of the Noosa Plan 2020 apply to Code assessable Short-term accommodation.
The application has therefore considered the relevant Works codes. However, the proposal is for a
Material Change of Use only and does not involve any new building work, operational work,
earthworks, vegetation clearing, new access arrangements, new car parking areas, stormwater
works, landscaping works, waterway works or servicing upgrades.
The proposed short-term accommodation is to occur within an existing approved 46.5m² small
dwelling. The dwelling is already constructed, self-contained and serviced by established access,
parking, water supply, on-site effluent disposal, stormwater, power and telecommunications
arrangements.
The application is also supported by existing effluent design information and approval, provided
at Appendix B. No changes are proposed to the existing plumbing fixture layout, wastewater
infrastructure or on-site effluent disposal arrangements.
Accordingly, the Works codes are relevant only to the extent they relate to the adequacy of
existing physical infrastructure and servicing arrangements to support the proposed use. The
proposal does not generate a need for additional works or infrastructure upgrades.
The applicability of the Works codes is summarised below.
Driveways and Parking Code
• Relevant to the extent that the proposed use relies on existing access, driveway and parking
arrangements. No new driveway, crossover or parking works are proposed.
Earthworks Code
• Not applicable. No earthworks, filling, excavation or landform modification is proposed.
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Existing Services Code
• Relevant to the extent that the existing small dwelling is serviced by established water,
effluent disposal, power and telecommunications infrastructure. Effluent design information
and approval is provided at Appendix B.
Fire Services for Common Private Title Code
• Not applicable. The proposal is not for common private title development.
Landscaping Code
• Not applicable. No new landscaping works are proposed or required. The proposal does not
alter the existing built form, siting or external presentation of the small dwelling.
Sustainable Building Design Code
• Not applicable. No new building work, extension or external alteration is proposed.
Transport Code
• Relevant to the extent that the proposed use relies on existing access and the local road
network. The proposal represents a reduced-scale short-term accommodation outcome and
will not create a material increase in traffic generation.
Water Quality and Drainage Code
• Relevant to the extent that the proposed use relies on existing stormwater, drainage and
wastewater arrangements. No new impervious area, stormwater works, earthworks or
wastewater infrastructure is proposed.
Waterways Works Code
• Not applicable. No waterway works, riparian disturbance, vegetation clearing, excavation or
works within or adjacent to a waterway are proposed.
Waste Management Code
• Relevant to the operational management of waste associated with the proposed short-term
accommodation use. Waste storage and collection can be accommodated within the existing
site arrangements.
1.17.1 Summary of Alignment with Relevant Works Codes
The proposed development is supported by existing and adequate access, parking, servicing,
drainage and waste management arrangements.
The small dwelling is already approved and constructed. It is serviced by an existing access
driveway, existing parking arrangements, on-site water supply, approved on-site effluent disposal
system, existing stormwater drainage arrangements, power and telecommunications. The
application is supported by relevant effluent design information and approval at Appendix B.
The proposal does not introduce any new physical works and does not alter the existing built form,
access, parking, stormwater, effluent disposal or servicing arrangements. It also does not create
additional impervious area, require vegetation clearing, or involve any disturbance to waterways
or riparian areas.
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Importantly, the application proposes to relocate short-term accommodation from the existing five-bedroom main dwelling to the much smaller one-bedroom small dwelling. The proposal therefore represents a reduced-scale visitor accommodation outcome on the land and does not generate any additional demand for access, transport, servicing, drainage or waste infrastructure. The Works code assessment confirms that the existing site arrangements are adequate to support the proposed use and that no additional works or infrastructure upgrades are required. Accordingly, the proposal achieves compliance with the relevant Works code outcomes of the Noosa Plan 2020. 1.18 Applicable Overlay Codes The subject land is mapped as being affected by several Planning Scheme overlays. Given the application is limited to the use of an existing approved small dwelling, and no building work, operational work, earthworks, vegetation clearing or new access is proposed, the overlay assessment is limited to those matters relevant to the proposed use. In this instance, the Bushfire Hazard Overlay Code is the relevant overlay code for assessment. 1.19 Bushfire Hazard Overlay The purpose of the Bushfire Hazard Overlay Code is to ensure that development avoids or mitigates the potential adverse impacts of bushfire on people, property, economic activity, and the environment. The existing small dwelling for STA is affected by the Potential Impact buffer as shown below in Figure 8. Noting that the dwelling has already been assessed for bushfire by a building certifier and the use is still deemed to be a residential use. Notwithstanding this, an assessment against the Code is provided within Appendix F – Code Tables, demonstrating compliance. Figure 7 - Bushfire Overlay RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 21
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Summary of Alignment with the Purpose and Overall Outcomes of the Bushfire Hazard Overlay Code The proposal is consistent with the purpose of the Bushfire Hazard Overlay Code and relevant overall outcomes as contained within Appendix F – Code Tables, particularly overall outcomes (a), (b), (c), (d), (e) and (g). The purpose of the code is to ensure that development avoids or mitigates the potential adverse impacts of bushfire on people, property, economic activity and the environment. In this case, the application does not involve any new building work, reconfiguration, earthworks, vegetation clearing, new access, or new mitigation works. Rather, it seeks approval for short-term accommodation within an existing approved small dwelling that is already lawfully established on the site. The proposal is compatible with the nature of the bushfire hazard affecting the land. The existing small dwelling is not located within a mapped medium or high bushfire hazard area, but within the Potential Bushfire Impact Buffer only. It is also sited with substantial separation from hazardous vegetation, being more than 100 metres from mapped hazardous vegetation, which supports an acceptable level of bushfire safety for the proposed use. The planning material further identifies that this achieves a BAL 29 outcome and that the dwelling was previously subject to building certification, including consideration of relevant bushfire siting and construction requirements. The proposal also minimises risk to people, property and the natural environment. The existing siting of the dwelling, together with established setbacks, managed open space and existing access arrangements, enables safe access and egress for occupants and emergency services and supports an appropriate emergency response outcome. The planning material confirms that access roads are well maintained, provide all-weather access, and are capable of accommodating emergency vehicles and personnel. It also confirms that the site has an independent water supply for firefighting purposes through an onsite rainwater tank fitted with standard fire brigade fittings. Importantly, the proposal does not materially increase the extent or severity of bushfire hazard and does not introduce any adverse environmental consequences associated with bushfire mitigation. No vegetation clearing, new firebreaks, new access tracks or other physical mitigation works are proposed. Bushfire mitigation instead relies on the existing cleared setting, setbacks and access arrangements already established on the subject property. In this way, the proposal maintains bushfire safety outcomes without encroaching into ecological areas or relying on adjoining land for mitigation measures. The proposal also supports, and does not unduly burden, disaster management response capacity. It does not involve essential community infrastructure or any hazardous materials manufacturing or bulk storage. Further, the proposal reduces the scale of approved short-term accommodation on the land by relocating that use from the existing five-bedroom main dwelling to a one-bedroom small dwelling. In practical terms, it is a low-intensity residential use within an existing approved building, supported by established bushfire safety measures and existing site infrastructure. RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 22
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Accordingly, the proposal is consistent with the purpose and relevant overall outcomes of the Bushfire Hazard Overlay Code. The key point is that the application does not create a new bushfire exposure or intensify the physical risk profile of the site. Rather, it relies on an existing approved dwelling that is already sited, serviced and capable of operating safely having regard to the level of bushfire hazard affecting the land. Summary of Alignment with the Performance Outcomes and Acceptable Outcomes of the Bushfire Hazard Overlay Code The detailed assessment against the Bushfire Hazard Overlay Code as contained within Appendix F – Code Tables, demonstrates that the proposal complies with the relevant Performance Outcomes and Acceptable Outcomes and results in an appropriate bushfire planning outcome for the site. The assessment confirms that the proposed short-term accommodation is to occur within an existing approved small dwelling that is already sited in the lower hazard part of the land, within the Potential Bushfire Impact Buffer only, and with substantial separation from mapped hazardous vegetation. In that context, the proposal maintains an acceptable level of safety for people and property and does not introduce a new or intensified bushfire exposure. The assessment also confirms that the proposal is supported by appropriate existing bushfire mitigation measures. In particular, the site has an accessible non-reticulated water supply for firefighting purposes, existing all-weather access capable of accommodating emergency vehicles and evacuation, and established setbacks and managed open space that support emergency response without requiring additional physical works. The code assessment further confirms that no hazardous materials are manufactured or stored in bulk, no essential community infrastructure is involved, and no off-site mitigation measures are required. Importantly, the proposal is a use change only. It does not involve new building work, reconfiguration, vegetation clearing, new roads, new access tracks or new firebreaks. As a result, the assessment confirms that the proposal does not materially increase the extent or severity of bushfire hazard, does not adversely affect ecological areas, and does not place any additional burden on emergency response capacity. Viewed as a whole, the detailed Performance Outcome and Acceptable Outcome assessment confirms that the proposal is a low-intensity and bushfire-responsive outcome that warrants approval. RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 23
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Conclusions The proposed Development Permit for a Material Change of Use for short-term accommodation within the existing approved small dwelling at 122 Musa Vale Road, Cooroy has been assessed against the relevant State and local planning framework, including the Planning Act 2016 and the Noosa Plan 2020. This report demonstrates that the application is properly made as a Code assessable application and is supportable on clear planning grounds. The subject site is located within the Rural Zone and has an area of 41.56 hectares. The proposed short-term accommodation is on the same site as one of the applicant’s principal place of residence, does not incorporate conference or function facilities, is contained within one existing approved 46.5m² small dwelling, does not exceed four guest rooms, cabins or permanent tents, does not exceed 200m² gross floor area, and will accommodate no more than eight guests. The proposal does not seek to establish new built form, expand development on the land, or intensify the physical use of the site. No building work, vegetation clearing, earthworks, new access, or additional servicing infrastructure is proposed. Rather, the application seeks approval to confine short-term accommodation to an existing approved and self-contained one-bedroom small dwelling, while the existing short-term accommodation approval applying to the five-bedroom main dwelling is to be relinquished and that dwelling retained for principal place of residence - permanent residential occupation. That reduced-scale outcome is a significant planning consideration. The proposal transfers short- term accommodation from the existing larger main dwelling to a much smaller secondary dwelling, thereby materially reducing the potential for visitor-related impacts, including guest numbers, traffic generation, noise, waste and overall activity on the land. The main dwelling is occupied by one of the owners as her principal place of residence and is to be retained for permanent residential occupation. This supports the continued residential function of the land and ensures that short-term accommodation remains subordinate to the primary residential use of the property. The proposal has also been demonstrated to align with the relevant provisions of the Rural Zone Code, the Visitor Accommodation Code, relevant Works codes and applicable overlay code provisions. The existing small dwelling is already approved, self-contained, appropriately sited, and serviced by established access, parking, water supply, on-site effluent disposal, stormwater, power and telecommunications infrastructure. The development therefore maintains rural character, protects amenity, avoids conflict with surrounding rural uses, and remains compatible with the environmental and landscape values of the locality. The Works code assessment confirms that the existing access, parking, servicing, drainage and waste management arrangements are adequate to support the proposed use and that no additional works or infrastructure upgrades are required. Overall, the application delivers a smaller-scale, lower-intensity and more appropriate short-term accommodation outcome on the site. It preserves the primacy of permanent residential RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 24
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occupation in the main dwelling, maintains the established rural character of the land, and provides a low-impact hinterland visitor accommodation offering consistent with the Noosa Plan 2020. For those reasons, the application warrants approval subject to reasonable and relevant conditions. RG Strategic Town Planning Report – MCU to establish Short-Term Accommodation 25
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. G STRATEGIC STRATEGIC SOLUTIONS, CREATIVE THINKING rgstrategic.com.au