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Town Planning Assessment Report

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Mur




      Town Planning
      Assessment Report
      14 Ann Street, Noosaville

      Change to the Approval (other than a minor change) to MCU17/0002.01
      to include Short-term Accommodation.




      April 2021
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Page 2

Table of Contents
1.      SITE AND APPLICATION SUMMARY ............................................................................... 3
2.      PROPOSAL ....................................................................................................................... 4
3.      SITE DETAILS ..................................................................................................................... 5

     3.1.     SITE DESCRIPTION ......................................................................................................... 5

     3.2.     SURROUNDING LOCALITY ............................................................................................... 6

4.      LEGISLATIVE REQUIREMENTS .......................................................................................... 7

     4.1.     STATE PLANNING POLICY ............................................................................................... 7

     4.2.     STATE PLANNING REGULATORY PROVISIONS ...................................................................... 7

     4.3.     REFERRAL AGENCIES ....................................................................................................... 8

5.      THE NOOSA PLAN ........................................................................................................... 8

     5.1.     LEVEL OF ASSESSMENT .................................................................................................... 8

     5.2.     ASSESSMENT BENCHMARKS ............................................................................................. 9

6.      CONCLUSION ............................................................................................................... 11




Appendices
 Appendix A               Proposal Plans
 Appendix B               Site Photographs
 Appendix C               Code Assessment
 Appendix D               Owner’s Consent




                                                                                                                              Page 2 of 11

Page 3

1.       Site and Application Summary

 Applicant
 Applicant:                 Sunanda Ghosh and Srishti Dutta
                            c/- Noosa Town Planning
 Contact Details:           Marcus Brennan
                            Mob: 0423 952 928
                            Email: [email protected]
 Registered Landowner(s):   Sunanda Ghosh and Srishti Dutta




 Application
 Development Application:   Change to the Approval (other than a minor change) to
                            MCU17/0002.01 to include Short-term Accommodation




 Level of Assessment:       Impact Assessable

 Referral Agencies:         Nil

 SEQRP:                     Urban Footprint




 Subject Site
 Address:                   14 Ann Street, Noosaville

 Lot Description:           Lot 2 on RP 69150

 Area:                      586.4m2

 Easement(s):               Nil

 Local Plan:                Noosaville Local Plan Area

 Zone:                      Medium Density Residential
 Overlays:                  + Acid Sulfate Soils
                            + Flood Hazard




                                                                         Page 3 of 11

Page 4

2. Proposal

The applicant seeks to make a change to the approval (other than a minor change) to
MCU17/0002.01 in accordance with Section 78 of the Planning Act 2016 . to include the use of
Short-term Accommodation.

Specifically, the applicant seeks that both units within an existing dual occupancy located at 14 Ann
Street Noosaville can be used flexibly for either the use a Dual Occupancy or Short-term
Accommodation purposes. No changes are proposed to the existing building or landscaped areas
associated with the premises.

The existing dual occupancy consists of a 1 x 3 bedroom unit (Unit A) and a 1 x 2 bedroom unit (Unit
B) and has a maximum height of 2 storeys and 8m. Access is gained via a crossover to Ann Street
located in the northeast corner of the site. A double garage is provided for Unit A, and a single
garage is provided for Unit B. A visitor parking space is located at the front of the property. Each
unit contains a plunge pool and well-designed private open space areas. The site has been well
landscaped consistent with the character and amenity of the area.

The following details are also provided in support of the proposed Short-term Accommodation use:
   + the pool area and private open space associated with Unit B, which faces Ann Street, adjoins
        the road frontage to the north and a communal open space (which includes a pool)
        belonging to the adjoining unit development 10 Ann Street to the west. Consequently, the
        use of these areas will not cause unreasonable impacts to the habitable living areas or
        private open space of the adjoining units;
   + the pool area and private open space associated with Unit A, at the rear of the premises,
        adjoins carparking areas associated with number 10 Ann Street to the west and a
        commercial development that fronts Mary Street to the south. Consequently, the use of
        these areas as will not cause unreasonable impacts to the habitable living areas or private
        open space of the adjoining units;
   + a double and single garage and an additional visitor space will be made available for use by
        guests, which will ensure that sufficient parking is provided onsite to meet the needs of the
        use;
   + the property is fully fenced and landscaped which softens its setting and enhances the
        privacy and amenity of the adjoining properties;
   + the uses that adjoin the southern boundary of the site are commercial in nature and are
        located within the District Centre Zone;
   + Ann Street predominantly consists of multi-unit residential buildings. However, there are
        short-term accommodation uses occurring among these and the proposed use is
        consistent with the character and amenity of the streetscape.

The applicant and owner has also advised that they will undertake the following procedures to
ensure that the short-term accommodation use will not cause unreasonable impacts to the
surrounding area:

                                                                                          Page 4 of 11

Page 5

    + they will utilise a local property manager to oversee letting, management and maintenance
      of the premises to ensure that it is operated in an appropriate manner that will meet the
      needs of guests while protecting the amenity of surrounding premises;
    + they will prepare a code of conduct and management agreement that all guests utilising the
      premises for short term accommodation must sign;
    + all garage, driveway and visitor parking areas within the site will be made available for use by
      guests; and
    + no events, weddings, parties or the like will be permitted to occur at the premises.




3. Site Details

    3.1. Site Description

The subject site is situated at 14 Ann Street, Noosaville described as Lot 2 on RP 69150.

The site has a total area of 586.4m2 and comprises an existing dual occupancy which consists of a
3 bedroom unit (Unit A) and a 2 bedroom unit (Unit B).

Pedestrian and vehicular access is provided via a driveway from Ann Street. The subject site is
serviced by standard urban infrastructure services including reticulated water and sewerage,
underground telecommunications and overhead electricity supply, bitumen roadways and kerb
and channel.

Please refer to Figure 1 below for an aerial photograph of the subject site, noting that the dual
occupancy is yet to be constructed.




                                                                                             Page 5 of 11

Page 6

Figure 1 – Aerial Photograph (2019)


    3.2. Surrounding Locality

The site is located in a residential area which predominantly consists of multi-unit residential
buildings and includes short term accommodation uses scattered among these. The properties
that adjoin to the west and east are zoned Medium Density Residential. The properties that adjoin
the southern boundary of the site are zoned District Centre and are located within the Mary Street
Health and Wellbeing Precinct. The Noosa Village Shopping Centre is located 100m to the south of
the site and the Noosa River is located 200m to the north.
Figure 2 below details the site in relation to the surrounding locality.




                                                                                        Page 6 of 11

Page 7

Figure 2 – Locality map




4. Legislative Requirements

    4.1. State Planning Policy

The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests
relating to development assessment are set out in Part E of the document and are under five broad
themes. Section 2.1 of the Noosa Plan 2020 confirms that the provisions of the State Planning
Policy are integrated into the Planning Scheme. Therefore, no further assessment is required
against the SPP.


    4.2. State Planning Regulatory Provisions

The proposal is for an urban activity within the Urban Footprint and complies with the relevant State
Regulatory Planning Provisions. The proposed use will not incur infrastructure charges as it is
located within an existing dual occupancy.
                                                                                          Page 7 of 11

Page 8

      4.3. Referral Agencies

The proposal does not trigger referral to any external agency.


      4.4. Assessment Procedures

Section 82 of Planning Act 2016 states the following with regard to assessing and deciding
applications for other changes:
(2)      For administering the change application, and assessing and deciding the change
         application in the context of the development approval, the relevant provisions apply—
         (a)     as if—
                 (i)      the responsible entity were the assessment manager; and
                 (ii)     the change application were the original development application, with
                          the changes included, but was made when the change application was
                          made; and

Consequently, proposed other has been assessed against The Noosa Plan 2020 as detailed
below:


5. The Noosa Plan

      5.1. Level of Assessment

The Noosa Plan 2020 defines Short term accommodation as:

a) means the use of premises for

         i) providing accommodation of less than three (3) consecutive months to tourists or
         travellers; or

         ii) a manager’s residence, office, or recreation facilities for the exclusive use of guests, if the
         use is ancillary to the use in subparagraph (i); but

b) does not include a hotel, nature-based tourism, resort complex or tourist park

The site is located within the Noosaville Local Plan and the Medium Density Residential zone under
the Noosa Plan 2020. In accordance with Table 5.5.2 of the planning scheme, Short-term
Accommodation is identified to be a consistent use in the zone and required to follow an impact
assessable application process.




                                                                                                 Page 8 of 11

Page 9

   5.2. Assessment Benchmarks

Impact assessable applications require a ‘whole of scheme’ assessment, however, the most
relevant codes associated with the inclusion of the short term accommodation use include:

   +   Noosaville Local Plan Code
   +   Medium Density Residential Zone Code
   +   Visitor Accommodation Code
   +   Works Code

An assessment against the abovementioned codes has revealed that the development is compliant
with or can be conditioned to comply with each. The pertinent issues arising out of an assessment
against each of the codes are discussed below.

Noosaville Local Plan Code

The proposal has been assessed against the Noosaville Local Plan Code and is considered to
comply with the Purpose and Overall Outcomes of the Code which includes that:

       (f)     The Noosaville local plan area maintains its roles for both the provision of much
               of the commercial, retail, administrative, industrial and social needs of the
               coastal urban portion of Noosa Shire and as a major focus area for visitor
               accommodation and services.
The use of the existing dual occupancy for short-term accommodation purposes will assist the local
area in maintaining its role as a major focus area for visitor accommodation and services.

Medium Density Residential Zone Code

The proposed short term accommodation use is considered to achieve or maintain the purpose and
overall outcomes of the code which include that:

       (a)     Medium density residential neighbourhoods are predominantly home to
               permanent residents

       (b)     The character of medium density residential neighbourhoods varies due to factors
               such as proximity to beaches, the Noosa River, recreation spaces, centres,
               topography, availability of views, the established vegetated character, the
               presence of visitor accommodation and the age of development.

       (c)     Development makes a positive contribution to the look and feel of residential
               neighbourhoods by maintaining a low scale character with well designed buildings
               and landscaping that enhance the streetscape.

       (d)     New uses are located, designed and managed to be compatible with surrounding
               uses.

       (h)     Short-term visitor accommodation is predominately provided through well-
               established resorts and holiday units.

                                                                                        Page 9 of 11

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        (j)     Development maintains a high level of residential amenity having regard to traffic,
                noise, dust, odour, lighting and other locally specific impacts.

The proposed short-term accommodation use will be operated in a well-established existing dual
occupancy that offers a built form and landscaped setting that contributes positively to the
streetscape and surrounding area.

The short-term accommodation use would achieve a high level of amenity for its occupants being
within a well-designed modern building that offers large kitchen, living, dining and laundry facilities
as well as a pool and private open space areas for guests. The site is also well positioned for visitor
accommodation purposes, adjoining District Centre zoned land to the rear and being within 200m
walking distance of the Noosa River to the north.

The use will be compatible with the nature and intent of the streetscape and surrounding area,
which supports a mix of permanent and short-term accommodation uses. Further, the surrounding
residential neighbourhood will remain predominantly home to permanent residents and the
proposal will not undermine the function of the medium density residential zone.

Please refer to Appendix C – Code Assessment for a detailed review against the most relevant
performance and acceptable outcomes contained within the Medium Density Residential Zone
Code.

Visitor Accommodation Code

The proposal meets the purpose of the visitor accommodation code which seeks to ensure that
uses will provide for visitor accommodation that is appropriately located, designed and operated in
a manner which meets visitor needs, will protect the amenity of surrounding premises, and avoid
conflicts with surrounding uses.

Please refer to Appendix C – Code Assessment for a detailed review against the most relevant
performance and acceptable outcomes contained within the Visitor Accommodation Code


Driveways and Carparking Code

AO6.1 and Table 9.4.1.4 of the code seek carparking is provided at the following rates for short-term
accommodation uses:

(c)     dwellings—

        (ii)    if not a small dwelling— two spaces; and
        (iii)   one space per four dwellings.

The proposal provides two covered spaces for Unit A, 1 covered space for Unit B, and an additional
uncovered space adjacent to the frontage of the site which has been used as a visitor space for the
dual occupancy. The code also seeks an additional one space per 4 dwelling units, meaning the
proposed two unit development would require an additional 0.5 of a space. While the development


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Page 11

would provide a shortfall of 0.5 of a space in this regard, it is considered that the proposal would meet
PO6 of the code for the following reasons:
   + Unit B is a relatively small 2 bedroom unit;
   + the proposal seeks to utilise an existing dual occupancy for short-term purposes rather than
       permanent accommodation and would not cause any additional peak demand for
       carparking; and
   + the four spaces that exist onsite will be sufficient to accommodate the number and type of
       vehicles likely generated by the development.


6. Conclusion

This report has identified that the proposed development complies with the relevant benchmarks
contained within the Noosa Plan 2020 and does not raise any significant issues that cannot be
addressed by reasonable and relevant conditions.

This office trusts that the information supplied comprehensively addresses all of the issues that are
to be considered by The Noosa Plan. Should you have any questions in relation to the proposal, or
any aspect of the development, please do not hesitate to contact the undersigned on 0423 952 928
or via [email protected] sincerely,




Marcus Brennan
B. Urb. Reg. Plan.




                                                                                              Page 11 of 11

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