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

•    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
                                                                                       Page 2 of 7