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122 Musa Vale Rd - MCU Planning Report - Code
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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