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

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•    Rural Zone Code;
•    Visitor Accommodation Code; and
•    Works Codes.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’. A minor change is a change
that would not result in ‘substantially different’ development. The Development Assessment Rules
detail that a change may be considered to result in substantially different development where it;
     (g) introduces new impacts or increase the severity of known impacts
The proposed change to the development approval requested by the applicant is not considered
to constitute a minor change, as the proposal to increase the number of guests on site from 8 to
16 would increase the severity of known impacts of the development, including noise and
carparking issues.
3.3. Statutory Instruments – Planning Scheme
The original application was approved under the current planning scheme, and as such current
planning provisions remain consistent with provisions in place at the time the original development
application was approved.
Existing Conditions 2, 4 & 5
     2.      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

          002622        A      Site Plan prepared by RG Strategic                8/12/2022

          002622        A      Floor Plan prepared by RG Strategic               8/12/2022

     4.      The total number of bedrooms within the existing dwelling that are available for guest
             accommodation must not exceed 5.
     5.      The total number of guests accommodated at any one time must not exceed 8.
Applicant’s Request
The applicant has requested that the number of bedrooms within the dwelling that are available for
guests be increased from 5 to 6, and that the total number of guests accommodated at any one
time increase from 8 to 16. Changes to Condition 2 have also been requested to include updated
plans reflecting the change in bedroom numbers and bedding arrangement.
In relation to the request to change Conditions 4 and 5, the applicant provides the following
commentary:
     The increase in the number of bedrooms accurately reflects the number of bedrooms within
     the dwelling which can be utilised. Therefore, allowing the applicant to maximise the full
     potential of the property without any changes being made to the site.
     The applicant understands the decision to limit the number of guests is a proactive measure
     aimed at preserving the amenity and mitigating potential impacts to the area. As
     demonstrated clearly throughout the application and subsequently the Council Officers
     assessment report, the proposed development is consistent with all of the relevant
     assessment benchmarks, due to the nature of the site and its location, the rural amenity of
     the locality and privacy of nearby properties is protected and maintained.
     The primary concern addressed by the planning scheme (PO's and AO's) relates to the
     potential impact on the amenity of the location and the potential disturbance caused to
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     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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The overall outcomes sought for the Visitor Accommodation Code and relevant to the proposal are
as follows:-
      (f)    Visitor accommodation located near permanent residents does not detract from the
             amenity enjoyed by residents.
Performance Outcome PO25 of the Visitor Accommodation Code state:
      PO25
      Short term accommodation in a single dwelling is limited to formats compatible with the
      character and use of the area so as not to cause unreasonable loss of residential amenity,
      having regard to:
      (a)    the privacy of residents on the subject property or adjoining properties;
      (b)    any likely increase in noise to adjoining properties;
      (c)    the scale of the use and its compatibility with the character and uses within the property
             or surrounding area;
      (d)    retention of the primary residential function of an area;
      (e)    the impact on the safety and efficiency of the local road network;
      (f)    the impact of waste storage areas on the visual amenity of the area or sensitive land
             uses; and
      (g)    any impact on shared vehicular access or parking.
The proposal to accommodate 16 people on site is not considered ‘small scale’ in the context of
the subject site, locality and surrounding development, noting that the subject site is surrounded
by rural and rural residential lots containing single dwelling houses accommodating permanent
residents, with 10 dwellings within 300m of the subject site (refer to Figure 1). A dwelling house is
typically made up of one household and would not typically accommodate 16 people, and as such
the proposal is likely to result in an increase in noise to adjoining properties and is not of a scale
compatible with the character and uses within the surrounding area.




              Figure 2: Subject Site and surrounding dwellings (green = 200m & orange = 300m)



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The location of the subject site is not regularly accessible via public transport and as such, it is
likely guests will predominantly arrive via private vehicle, potentially resulting in up to 16 vehicles
attending the site at any one time. This number of vehicles is not considered small scale in the
context of the location of the site and is likely to impact on the amenity of surrounding residents.
Additionally, the proposal to accommodate larger groups of up to 16 guests may also result in the
dwelling inadvertently being utilised by guests as a Party House, a use that is prohibited under
Noosa Plan 2020.
It is acknowledged that the applicant has undertaken measures to limit the impacts of the proposal,
including installing ‘property management devices’ that allow the applicant to monitor noise and
occupancy levels, however the proposal to intensify the use is not considered ‘small scale’ and is
inconsistent with the rural setting and amenity expected in Noosa’s rural locations. The proposal
to increase the number of guests accommodated on site from 8 to 16 is not supported.
It is also noted that Council has consistently conditioned a maximum of 8 people to be
accommodated in dwelling houses approved for short-term accommodation in rural locations, as
this number of people on site is considered ‘small scale’ and consistent with the intent of the
planning scheme. The applicant agreed to reduce the number of guests proposed under the
original application from 10 to 8, acknowledging that Council had consistently conditioned a
maximum of 8 guests.
The applicant has also requested to increase the number of bedrooms available for use from 5 to
6. The original application requested approval for the use of 5 bedrooms only, with the approved
plan indicating the dwelling only contained 5 bedrooms. The updated proposal plans indicate the
room previously annotated as a ‘Study’ is now proposed to be utilised as the sixth bedroom. Noting
the increase from 8 to 16 persons does not meet the ‘minor change’ test, this aspect cannot be
supported.


Additional Comments
It is noted that the property is currently being advertised online as available for rent immediately,
accommodating a maximum of 15 adults in 6 bedrooms (refer to Figure 3), contrary to conditions
of the current approval. Additionally, it is also noted that the property has not been issued a Short
Stay Letting approval under Council’s Local Law. The matter has been referred to Council’s Short
Stay Letting Local Law team for further investigation.




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                                 Figure 3: Booking.com advertisement


4.    CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Other Referrals
Not applicable
5.    CONCLUSION & REASONS FOR DECISION
The proposal to intensify the approved Short-term Accommodation use on the site constitutes
‘substantially different development’ under the Development Assessment Rules, as the change will
increase the severity of known impacts of the use, particularly in terms of potential noise and traffic
impacts, and as such the application does not constitute a ‘minor change’.
The proposal conflicts with Noosa Plan’s Rural Zone Code and Visitor Accommodation Code, as
the increase in the number of guests accommodated on site from 8 to 16, and subsequently
resulting in up to 16 vehicles attending the site, is not considered ‘small scale’, is not of a scale
compatible with the character and uses within the surrounding area and is inconsistent with the
rural setting and amenity expected in Noosa’s rural locations.


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The proposal to accommodate up to 16 guests on site is not considered consistent with the intent
of the planning scheme in relation to short-term accommodation offerings in rural areas and is not
consistent with other approvals issued for similar development in rural areas. It is therefore
recommended that the minor change application be refused. For these reasons, it is recommended
that the minor change application be refused.


Departments consulted:
    Office of the CEO, Mayor &                Community Services          Corporate Services
            Councillors
     Mayor & Councillors                   Director                    Director
     Chief Executive Officer               Community Development       Financial Services
     Executive Officers                    Sport & Active Lifestyles   Fleet
     Community Engagement                  Arts & Culture              Revenue Services
     People & Culture                      Community Connection        ICT
     Governance                            Customer Experience         Commercial Property
    Strategy & Environment &               Development & Regulation     Infrastructure Services
    Sustainable Development
     Director                          x   Director                    Director
     Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                       and Delivery
     Economic     Development      &       Local Laws                  Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health        Asset Management
     Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                           Property / Permits          Disaster Management
                                                                       Waste




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