Further response to information request June 12.06.2020 · MCU19/0117

The future design for additional visitor accommodation buildings are to include their own
Advanced Enviro-Septic system with an associated 39m2 disposal area. The disposal area
is in front of the building within a 2.5m wide x 15m long trench, which is to be grassed.


Visitor Accommodation Restriction
Condition 6 of the existing development approval for the 48 eco-cabins includes a
condition restricting the use of the eco-cabins for short term visitor accommodation only,
as described below.
       “The Eco Cabins shall be for short term visitor accommodation only, with no person
       permitted to occupy the Eco Cabins for the purposes of permanent accommodation
       in accordance with the Noosa North Shore Eco-Tourism Portal Development
       Code”
The applicant is willing to accept a similar condition for the one visitor accommodation
building, with the suggested wording below:
       “The accommodation building shall be for short term visitor accommodation only,
       with no person permitted to occupy the accommodation building for the purposes
       of permanent accommodation”
The building would then be classed as requiring higher building conditions as a Class 1b
building, the same as the existing 48 eco-cabins which include a higher fire safety and
building cost. A copy of the difference building classifications is included below.
Building Code of Australia (BCA) Definitions




The Visitor Accommodation building would be used for no more than 3 months
consecutively by the owner and his family. Outside of these times, the building would be
rented out to private individuals wanting to stay at the house and use the lagoon. The large
accommodation building could accommodate up to 12 people under this building
classification. As a result, the following condition could be included to restrict the numbers
of persons using the private infrastructure.

   •   No more than 12 people are allowed to use the site at any one time (including
       residence staying within the approved guesthouse and their guests), but not
       including staff.

Ancillary Recreation Use
The application does not propose to open the facility up to the public, but rather have it as
a private lagoon, which is the same scale as other private waterbodies/recreational
pursuits in the area.
P&E Law include further commentary regarding the issue of the proposed land use in
terms of ‘use’ and ‘ancillary’, including the recent case considered by Judge Kefford in
Caravan Parks Association of Queensland Limited v Rockhampton Regional Council &
Another [2018] QPEC 52.

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