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Change App - MCU17.0076 - Planning Report
Town Planning Report Application for a Change to Development Permit – Request for a Change to the Approved Uses to Establish a Duplex and Short-Term Accommodation Unit 1 / 25 Edward Street, Noosaville QLD 4566 Lot 1 on SP308419 MCU17/0076 Hon Kee Lee
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Table of Contents
Important Note 1
1. Summary 2
2. Application Information 3
3. Characteristics of Site and Surrounds 4
3.1 Site Characteristics 4
3.2 Site History 5
3.3 Surrounding Land Uses 5
4. Development Intent 7
4.1 Proposed Change to Development Approval 7
5. State Planning Interests 9
5.1 Planning Act 9
5.2 State Planning Policy 9
5.3 South East Queensland Regional Plan 2017 9
5.4 Referral Agencies and State Development Assessment Provisions 9
6. Noosa Council Planning Scheme Considerations 10
6.1 Use Definition 10
6.2 Zoning and Locality 10
6.3 Level of Assessment 10
6.4 Strategic Outcomes 10
6.5 Applicable Codes 12
6.6 Discretionary Matters 16
7. Conclusion 19
List of Figures
Figure 1: Site Location 4
Figure 2 - Street Presentation 5
Figure 3 - Zone Map 5
Figure 4 : Ground Floor Plan 8
Figure 5 : Upper Floor Plan 8
List of Tables
Table 1: Application Information 3
Table 2: Surrounding Uses 6
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Hon Kee Lee (“Client”) for the specific purpose
of demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This
report is strictly limited to the purpose and the facts and matters stated in it and does not apply
directly or indirectly and will not be used for any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
arising out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions or subject matter contained
in this report.
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
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1. Summary
Hon Kee Lee (the Applicant) has engaged RG Strategic to seek development approval for a Change
application to permit Unit 1 to be utilised for permanent and/or short-term accommodation
(combined uses of Duplex and Short-term Accommodation) on the site (refer to Site Plans enclosed
in Appendix A).
The subject site consists of a regular rectangular shaped parcel of land containing a Dual
occupancy. The subject site is Unit 1 (southern unit) of the Dual occupancy at 25 Edward Street,
Noosaville QLD, and is formally described as Lot 1 on SP308419.
The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Change is defined by the Noosa Plan 2020 as consistent
and permitted.
This planning report provides details of the nature of the proposal, describes the site characteristics
and surrounding land uses, and provides a statutory assessment against the intent of the Noosa
Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the Noosa Plan 2020; and
• A conclusion that provides summary grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Form and
appendices. The proposed short term accommodation use is consistent with the intent of the Noosa
Plan 2020 for the subject land and warrants approval subject to reasonable and relevant
conditions.
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2. Application Information
Table 1: Application Information
Address Unit 1 / 25 Edward Street, Noosaville
Real Property Description Lot 1 on SP308419
Land Area 615m2 base parcel
Local Authority Noosa Council
Current Use Dual occupancy
Planning Scheme Noosa Plan 2020 (25th September 2020)
Local Plan Noosaville
Zone Medium Density Residential Zone
Strategic Framework
Noosaville Local Plan Code,
Relevant Codes and
Overlays Medium Density Residential Zone Code,
Visitor Accommodation Code, and
Works Code.
Development Approvals MCU17/0076 & OPW17/0224 approved 4/6/2017
Applicant Hon Kee Lee
Level of Assessment Change to Existing Approval, Impact Assessable
Referrals Not applicable, refer to section 5
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3. Characteristics of Site and Surrounds
3.1 Site Characteristics
The land which is the subject of this report (i.e., the subject site) is located at Unit 1 / 25 Edward
Street, Noosaville QLD, and is formally described as Lot 1 on SP308419. Refer to Figure 1 Site Location
and Figure 2 Street Presentation.
The subject site is serviced by standard community infrastructure including electricity, bitumen
roadways, reticulated water supply and sewerage, and waste removal.
The subject land is well located and within walking distance to the Noosa River and is to a range of
shops, cafes, offices, community facilities and urban services available within the District Centre.
N
Figure 1: Site Location
Source: NearMap
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Figure 2 - Street Presentation Source: Google Street View 3.2 Site History A development application for a combined MCU17/0076 for Multiple Housing Type 2-Duplex and OPW17/0224 for Operational Works was approved on 4 September 2017. The proposed Change to the existing approval consists of the additional use of Unit 1 for Short-term Accommodation. 3.3 Surrounding Land Uses The zoning map provides a good indication of the surrounding land uses as seen in Figure 3 below. Figure 3 - Zone Map Source: Noosa Council Online Enterprise Mapping RG Strategic Town Planning Report – Change Application to establish Short Term Accommodation 5
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It is important to establish a geographical area as it is relevant to the assessment given that provisions within the planning scheme reference Local Plan Areas, villages, communities and zone areas and the like. In this case, this report suggests the surrounding land uses stretch throughout the whole of Noosaville in the Low Density Residential Zone, Medium Density Residential Zone, High Density Residential Zone, District Centre Zone (Health and Wellbeing Precinct) and the Tourist Accommodation Zone. Low Density Residential Zone – Generally consists of detached houses. The current ‘accepted development’ provisions in this zone for Short-term Accommodation, existing development approvals, and historical use rights of Detached houses, many streets do have visitors. The Low Density Residential zone is Noosa Waters, west end of Gympie Terrace and around the Creek Road area have permanent residents but at times have many visitors. Medium Density Residential Zone – The proposal is in an area which consists of Dual Occupancy and Multiple Dwellings where some are approved post 2006 but many have been approved prior to 2006. Some older style homes, newer houses and renovated houses still exist in the area. Therefore, many of the developments have the ability to be used for either permanent or short-term residents, or a combination of both under the definition of the planning scheme in force at the time of approval. Tourist Accommodation Zone – The zone is generally located fronting Gympie Terrace stretching from Howard Street in the east to The Cockleshell to the west. The area generally consists of multiple dwellings approved prior to 2006 and afford user rights for short term accommodation, permanent accommodation or a combination of both. District Centre Zone – Consists of typical business uses and the recently completed ‘Bounce’ backpackers. To put this into context, although Noosaville consists of some zone area for tourist accommodation, the area is home to a range of land uses where short term to permanent ratio changes from time to time due to circumstances both geographically and economically. Therefore, calculating the predominate land use is difficult unless a ‘ground truth’ door knock is undertaken, which is the only way to provide an accurate ‘snap shot’ of land use. Table 2 details the surrounding land uses immediately adjacent to the subject sites. Table 2: Surrounding Uses North Old style Dual occupancy South Dual occupancy East Dual occupancy West Multiple dwelling RG Strategic Town Planning Report – Change Application to establish Short Term Accommodation 6
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4. Development Intent
Hon Kee Lee (the applicant) is seeking a Change of Use on the land located at Unit 1 / 25 Edward
Street, Noosaville 4566. The applicant proposed to utilise the existing two storey 3-bedroom
dwelling (1 of 2 dwellings that form a Dual Occupancy) for Short-term Accommodation. No changes
are proposed to the existing built form. The layout consists of the garage and living spaces on the
ground floor and 3 bedrooms on the upper level. Figure 4 below provides floors plans of the unit.
The applicant advises that:
• The property will not be used for permanent and/or short-term accommodation;
• They will utilise a local property manager to oversee letting, management and
maintenance of the premises.
• Management of the property will be inline with the Noosa Council Local Laws regulations
for short term rental properties.
• They will prepare a code of conduct and management agreement for all guests utilising
the premises for short term accommodation.
• All guests agree to the rules of the property at time of booking.
• No events, weddings, parties, or the like are to occur on the premises.
In support of the proposal the following is noted:
• The outdoor area (alfresco) and pool area are located at the rear of the property and
screened from view by existing landscaping and fencing.
• The property is fully fenced and landscaped.
4.1 Proposed Change to Development Approval
The following Change to the existing development approval MCU17/0076 & OPW17/0224, approved
4/6/2017, is proposed to permit the dual use of Unit 1 for Short-term Accommodation and as a
Duplex. The Decision Notice (MCU17/0076) is proposed to be amended as follows:
2. Decision Details
The following type of approval has been issued:
• Development Permit for Material Change of Use of Premises Multiple Housing Type 2
Duplex and Short-term Accommodation;
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Figure 4 : Ground Floor Plan Source: RG Strategic Figure 5 : Upper Floor Plan Source: RG Strategic RG Strategic Town Planning Report – Change Application to establish Short Term Accommodation 8
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5. State Planning Interests The following is an assessment of how the proposed development addresses the relevant statutory planning documents. 5.1 Planning Act The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development applications are assessed. The development application is made in accordance with s.51 of the Act. 5.2 State Planning Policy The Planning Minister is satisfied that the State Planning Policy (SPP) dated July 2017 is appropriately integrated in the Noosa Council's Noosa Plan 2020 and is therefore not required to be separately assessed as part of this application. 5.3 South East Queensland Regional Plan 2017 The South East Queensland Regional Plan 2017 (SEQRP) guides land use and development in the region. The subject land is located within the Urban Footprint of the SEQRP. As detailed within this report above, the proposed development is consistent with the urban footprint intent, regional policies and desired regional outcomes for the SEQRP. Additionally, the planning and land use outcomes contained within the Regional Plan and the State Planning Policy applying to the land are generally reflected in the Noosa Plan 2020 in accordance the Planning Act 2016. 5.4 Referral Agencies and State Development Assessment Provisions Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) Development Assessment Mapping System (DAMS) has confirmed there are no matters of State interest. RG Strategic Town Planning Report – Change Application to establish Short Term Accommodation 9
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6. Noosa Council Planning Scheme Considerations
The subject is located within the Medium Density Residential Zone in the Noosaville Local Plan. The
proposed lot Change of Use is subject to assessment under the Noosa Plan 2020. The following is a
review of the proposed development under the Noosa Plan 2020.
6.1 Use Definition
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
6.2 Zoning and Locality
The subject site is located within the Medium Density Residential Zone and is located within the
Noosaville Local Plan.
6.3 Level of Assessment
Within the Noosa Plan 2020, Table 5.5.2 Categories of Development and Assessment – Medium
Density Residential prescribes that the proposed Short-Term Accommodation use is either
Accepted Development subject to Requirements, or subject to impact assessment.
The applicant seeks to utilise the property for more than the required ‘accepted development’
provisions allow and as such, the proposed Short-term Accommodation use is subject to Impact
Assessment.
6.4 Strategic Outcomes
The following Strategic Plan Outcomes are relevant to this assessment.
The Strategic framework sections 3.2.1,3.2.2, 3.3.1 and 3.3.3 highlight the importance of tourism and
a need to provide for visitor accommodation. These sections are provided below.
3.2.1 The Shire serves as a domestic and international tourism destination with particular
emphasis on nature-based recreation opportunities. Tourism and retail are
significant contributors to the local and regional economy and these provide a
strong platform of leverage for other parts of the economy.
3.2.2 Noosa Shire is one of the most desirable places in the world to live and is an
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internationally recognised tourist destination. This status has been both the result of
good fortune in terms of climate, amenity and natural resources, and good
management in terms of how consecutive generations have cared for the place and
evolved a set of community values and planning principles. These long standing
values and principles have shaped the development of Noosa Shire and have been
the foundation of Noosa's planning schemes.
3.3.1 (n) Noosa continues to be a highly regarded destination for visitors from around
Australia and overseas. Varying types of accommodation and services cater for
visitor needs.
3.3.3 The strategic outcomes for housing choice by 2041 are:
(a) Residential development occurs on land that is suited and designated for the
intended form of housing and avoids any unnecessary removal of significant
vegetation.
(c) Residential development only occurs where it will not prevent or inhibit the conduct
of existing land uses that are legitimately located or planned for in that location.
(d) Residential development is designed within the planned capacity of infrastructure
including roads, water and sewerage.
The Framework and Outcomes outlines the importance of tourism in the Shire and its reliance on the
natural beauty of the Noosa River, hinterland and coastal areas. The Noosa River area historically
services visitors in holiday homes and units, with resorts clustered near the River in the Noosaville
and Tewantin localities. Holiday homes and units such as the proposal are scattered through all the
neighbourhoods, which is important to the tourism product and provides alternate tourist
accommodation to that of resorts and larger developments.
The strategic framework understands the pressures between visitor and permanent
accommodation, however, does not prohibit it but recognises the importance of tourism in the Shire.
The proposal is located near key areas of the Noosa River foreshore precinct and the District centre
where a mix of visitors and permanent reside. This proposal complements the surrounding
development and is not imposing any new type of built form or use.
The proposal is unlikely to impact surrounding amenity as short term accommodation has historically
been undertaken throughout the area and the residents are accustomed to having visitors
scattered throughout the local area.
It is also important to note the close proximity to many Dual Occupancy and Multiple Dwellings
which have existing user rights for short term accommodation and as such the proposal is a
compatible use within the surrounding land uses.
Guests do not generate further impacts on infrastructure, road, water or sewage. Rather, it is likely
the opposite as the house is not operated 100% of the time, unlike that of a permanent resident
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6.5 Applicable Codes
Within the Noosa Plan 2020, Impact Assessable applications are required to be assessed against
the entire planning scheme, including the Strategic framework and the most relevant Codes which
include:
• Noosaville Local Plan Code,
• Medium Density Residential Zone Code,
• Visitor Accommodation Code, and
Noosaville Local Plan Code
The proposed Short-term Accommodation use has been assessed against the Coast Communities
Local Plan Code and is considered to comply with the Purpose and Overall Outcomes of the Code
which include:
7.2.4.2(2)(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.
PO1
Development enhances the role of Noosaville as a major focus for visitor accommodation
and services in Noosa Shire with high levels of accessibility to outdoor recreational pursuits
and urban services.
PO21
A range of visitor accommodation including low cost and family friendly short
term accommodation and tourist park accommodation, including the Noosa River
Caravan Park at Russell Street. is maintained.
All outcomes acknowledge that visitor accommodation is a major focus in the Noosaville locale. The
proposal is located within 300m of the popular Noosa River foreshore area and eating
establishments. The proposal complies with the above outcomes for the following reasons:
• The premises is providing short term accommodation in Noosaville which contributes to
Noosaville’s role in providing visitor accommodation in the river side area;
• The proposal’s location being near the River, eating and shopping facilities which
accommodates visitor needs to the area;
• The premises adds to the diversity of visitor accommodation in Noosaville and caters for
visitors close to the key tourist area of the Noosa River foreshore;
• The area is a mixed use area of permanent and visitor accommodation and residents are
accustomed to visitor accommodation being scattered throughout the area; and
• The use employs of wide range of local people to maintain, service and administer the
short term accommodation;
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Furthermore, given the substantial quantity of Medium and High Density Residential zones in
Noosaville, many Dual Occupancy’s and Multiple dwellings exist throughout this area, which many
have existing use rights for short term accommodation.
Medium Density Residential Zone Code
The subject site is located within the Medium Density Residential Zone and therefore assessment
against the Medium Density Zone Code is required. The proposed development has been assessed
against the Purpose and Overall Outcomes, as well as the Performance Outcomes sought for the
Code. The proposed Short-term Accommodation use is considered to comply with the Purpose and
Overall Outcomes of the Code which include:
(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.
The Short-term Accommodation use is proposed to be located in an existing two storey dwelling
that complements the scale and bulk of development in the area.
It is noted that the outcomes of the zone also state:
(a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
(h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
The subject site is located close to the Noosa River in an area that comprises Dual occupancy and
Multiple dwellings, many approved prior to 2006, which are complexes that are used for both
permanent and visitor accommodation or a combination. The use of the subject site for visitor
accommodation will not prejudice the outcome of the zone as there are still areas in the locality
available for permanent accommodation.
A review of the most relevant sections of the code is detailed below:
Extracts from the relevant Performance and Acceptable Outcomes from the Medium Density
Residential Zone Code have been listed below.
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Table 6.3.2.3 Criteria for Assessment for Medium Density Residential Zone Code
Performance Outcomes Acceptable Outcomes Applicant’s Response
PO6 Not Applicable
AO6.1
Visitor accommodation is The applicant will not remain
limited to formats compatible Home-based businesses allow on site during the times that
with the character and use of for up to four short term guests the property is let for visitor
the area so as not to cause to be accommodated within accommodation.
unreasonable loss of the home of the host while the
residential amenity, having host remains in residence, such
regard to: as traditional bed and
breakfast accommodation.
a) the privacy of residents Not Applicable
on the subject property AO6.2 The proposed is not a party
or adjoining properties;
Short-term Accommodation house and is to be used for
b) any likely increase in does not: luxury holiday rental. The
noise to adjoining property will not be used for
a) constitute a party
properties; parties.
house;
c) the scale of the use and
b) create noise that would
its compatibility with the
unreasonably impact
character and uses
on the residential
within the property or
amenity enjoyed by the
surrounding area;
adjoining or surrounding
d) retention of the primary properties.
residential function of an Complies
AO6.3
area; Existing outdoor living areas
Buildings are designed and have been designed and
e) the residential function
orientated so that the majority oriented away from
and arrangement of
of outdoor living areas face adjoining properties.
common property;
away from the habitable areas
f) the impact on the safety of adjoining dwellings.
and efficiency of the
local road network; Complies
AO6.4 Bin area is located along the
g) the impact of waste
Waste storage areas are boundary and is suitably
storage areas on the
screened and located to the screened from the adjoining
visual amenity of the
rear or side of a building and properties.
area;
are not located along any
h) the location of waste
frontage to a public street or
storage areas in relation
space.
to sensitive land uses;
and
i) any impact on shared
vehicular access or
parking.
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Visitor Accommodation Code
The proposed Short-term Accommodation use has been assessed against the Visitor
Accommodation Code and is considered to comply with the intent of the Code’s Purpose and
Overall Outcomes. The design of the dwelling minimises the potential for the Short-term
Accommodation to impact on the surrounding residents through the provision of sufficient
carparking on site and located of entertainment areas to the street frontage away from openings
and bedrooms of adjoining buildings. The relevant Performance Outcomes are as follows:
Table 9.3.5.3 Criteria for Assessment – Short-term Accommodation
Performance Outcomes Acceptable Outcomes Applicant’s Response
PO22 No acceptable outcome Complies
provided.
Except where in the form of a The existing two storey dwelling
serviced apartment or hotel (unit) is self-contained.
room the short term
accommodation use is
provided with sufficient
kitchen, dining, laundry and
common room facilities to
accommodate the needs of
visitors and resident staff.
PO25 No acceptable outcome Complies
provided.
Short term accommodation in The Short-term Accommodation
a single dwelling is limited to will be located in an existing two
storey unit of a Dual occupancy.
formats compatible with the
No alterations to the external built
character and use of the area form are proposed, nor required by
so as not to cause the use.
unreasonable loss of
The existing dwelling is of a
residential amenity, having compatible character to the
regard to: surrounding development being 1
unit of a dual occupancy and
a) the privacy of residents on typical of the surrounding area
the subject property or developments.
adjoining properties;
b) any likely increase in noise The site is located in Noosaville
to adjoining properties; local area which contains a mix of
permanent and visitor
c) the scale of the use and its accommodation. The site is in
compatibility with the close proximity to the District
character and uses within Centre and is in close proximity to
the property or surrounding similar visitor accommodation
area; uses. The use of the dwelling for
visitor accommodation is
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d) retention of the primary compatible with the surrounding
residential function of an area.
area;
The use of the site for visitor
e) the impact on the safety accommodation will not impact on
and efficiency of the local the road network.
road network;
Waste storage areas are located
f) the impact of waste on site and are suitably screened.
storage areas on the visual
Carparking for 2 vehicles is
amenity of the area or
available on site in the garage
sensitive land uses; and
with the driveway in front of the
g) any impact on shared garage suited to 1 vehicle parked
vehicular access or parking. in tandem.
6.6 Discretionary Matters
At the adoption of the Noosa Plan 2020 the Minister for Planning required Council to, in the future,
consider the economic impact of the change in policy for short term accommodation - as the
Council had failed to do so prior to the adoption of the Planning Scheme. While a recent Housing
Needs Assessment (HNA) has been undertaken by Council, it does not appear to specifically address
the States requirements.
For reference, Condition 8 of the Ministers approval is provided below.
Condition 8 – SPP – State interest: Planning for liveable communities and housing (Housing supply
and diversity) and Planning for economic growth (Tourism)
A) Within three months from the date of adoption of the proposed planning scheme Council
must prepare and publish a comprehensive guide explaining the regulatory requirements
for operating short-term accommodation in the Noosa Shire Council local government area.
B) On commencement of the planning scheme and for a period of 2 years Council is to monitor
the provisions relating to short-term accommodation, tourism and housing supply
considering the outcomes sought across the residential zones. The process shall, at a
minimum:
• include a detailed analysis of the existing situation within the Noosa Shire, including
numbers and types of short-term accommodation uses. This analysis should include
annual comparison data that demonstrates the performance of the relevant
scheme provisions;
• consider the economic and social benefits of the current situation, and forecast the
potential long-term impacts of short term accommodation across the residential
zones;
• consider the zone intent, levels of assessment and regulation short-term
accommodation across the residential zones.
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• consider the state interests of Housing supply and diversity and Tourism;
• be evidence-driven, comprehensive, and prepared in a detailed manner.
C) Within 6 months of completing B) above Council must submit a report to the Minister on
completion of the monitoring process. The report must detail the findings of the monitoring
process and provide an accompanying statement from the council that identifies whether
the council considers an amendment should be made to the planning scheme as a result of
the monitoring process, and the reasons for the council’s position on this.
The planning scheme reflects the public interest and without a detailed analysis of the effect of this
change in assessment policy (refusing STA in Medium density residential zone), it has the potential
to place the community at financial risk regarding the following matters:
• refusing Short term accommodation applications in Noosaville even though it is a
consistent use and sufficient grounds for support. Therefore, defending refusal decisions in
appeal can place pressure on council financial resources and therefore potentially
negatively impact on the delivery of services to the community.
• The economic impact of the possible reduction in tourism beds on the whole of Noosa Shire
economy and that effect on local businesses directly, and/or indirectly related to tourism.
No social impact study of the change in policy for short term accommodation was undertaken to
inform the planning scheme. This proposal provides short term accommodation in the same format
as the surrounding and existing built form, and will contribute to the established amenity of
Noosaville.
Refusal - Previous short term accommodation refusal in Noosaville Medium density residential
zone.
The following are reasons for Council’s refusal of a development in Noosaville Medium density
residential zone. These reasons are addressed accordingly below-
Reason - 1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further erode
the permanent housing in the area, impacting permanent resident amenity.
Response: The applicant seeks to use the dwelling for their own use and if refused for short term
accommodation will not permanently rent the dwelling. Therefore, by refusing this development will
not erode permanent housing. Council’s Local law will ensure the amenity of the area will not be
impacted.
Reason - 2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and
(h) of the Medium Density Residential Zone Code as:
a. The proposal is located in a medium density residential neighbourhood that is predominately
used for short term accommodation. The introduction of additional short term accommodation
within a duplex unit is not consistent with the zone’s outcome to maintain the area as
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predominantly home to permanent residents.
b. The proposal seeks to establish a new short-term visitor accommodation dwelling within a
duplex and is not located within a well-established resort or holiday units.
Response: No data has been provided by Council to support this statement that the area is home
to predominantly short term accommodation. Ground truthing would need to be undertaken to
establish what the predominate land use is. Importantly this will change depending on a range of
factors including ‘accepted development’ provisions and noting that many of the surrounding
developments have interchangeable use rights given the age of development and the short term
use of anyone property can change quarterly.
Reason - 3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and
Performance Outcome PO21 of the Noosaville Local Plan Code as:
a. Additional visitor accommodation in the area is likely to result in detrimental impacts on
the residential amenity of permanent residents.
b. While the code seeks to maintain visitor accommodation in the area, it does not seek to
increase the extent of visitor accommodation within the area to the detriment of permanent
residents.
Response: Councils ratified Local Law comes into effect in February 2022 which regulates the
operational of short stay letting. The Local Law will ensure the use will not impact on any surrounding
permanent residents. In addition, given the historical use of Noosaville for visitors, the established
amenity will not be negatively affected.
Reason - 4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
a. The proposed visitor accommodation is not appropriately located and integrated
with permanent residents in the area given the number and density of properties
currently being used for visitor accommodation and/or permitted for use as visitor
accommodation.
b. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents nearby and in the surrounding area
Response: The ratio /density of permanent residents to visitors has not been established by Council
or if have, has not been made public data. Notwithstanding any data, the ratio/density changes
regularly as many of the units in the surrounding area have been approved prior to 2006 and
therefore have established use rights for short term accommodation, permanent accommodation
or a combination of both. In terms of amenity Noosaville has historically accommodated many
visitors and the existing use described above allow for a cyclic ebb and flow of visitors to the area.
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7. Conclusion
The proposed Change Application on land at Unit 1 / 25 Edward Street, Noosaville 4566 QLD has
been assessed against the requirements of the Local and State Statutory Planning Requirements.
This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020, and the proposed development can be supported
on a number of grounds, including:
• The development application has been made in accordance with the requirements of both
the Planning Act 2016 and the Development Assessment Rules 2017;
• The strategic framework and outcomes identify the importance of tourism in Noosa Shire
and are supportive of ensuring amenity of both visitors and permanent residents are
maintained.
• The proposal will contribute to the established amenity of the Medium Density residential
zone throughout Noosaville - as the proposal is only seeking the same user rights afforded
to many Dual Occupancy’s and Multiple dwellings located in close proximity to the subject
site.
Specifically, the proposal complies with the Strategic framework sections 3.2.1,3.2.2, 3.3.1 and 3.3.3
because:
• It is proposing accommodation for tourists near the Noosa River and key tourist destination
of Gympie Terrace without negatively impacting on the natural environment;
• Is providing an alternate accommodation type to that of a resort or a large unit complex;
• Integrates with the surrounding residential uses, given the historical use of the Medium
Density Residential zone for short term accommodation under the superseded planning
schemes (prior to 2006), while the Noosa Plan 2020 does not preclude short term
accommodation in the subject zone;
• Dual Occupancy and Multiple dwellings are in close proximity to the site which have
existing use rights for short-term accommodation;
• The built form is similar to the existing developments in the surrounding area; and
• The use does not place additional load on infrastructure or services.
The proposal complies with the Noosaville Local Plan Code as:
• The use employs of wide range of local people to maintain, service and administer the
short-term accommodation;
• The premises is providing short term accommodation in Noosaville which contributes to
visitor accommodation in the river side residential area;
• The proposal being in close proximity to shopping and the river foreshore supports the role
of Noosaville to accommodate the needs of visitors to the area;
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• The premises adds to the diversity of visitor accommodation in Noosaville and caters for
visitors close to the key tourist area of the River foreshore;
• The area is a mixed-use area of permanent and visitor accommodation and residents are
accustomed to visitor accommodation being scattered throughout the area; and
• The ratio of permanent to visitor accommodation changes and is subject to a range of
external factors, and at a snapshot in time Noosaville, is either visitor accommodation or
permanent residents dominant.
The proposal complies with the Medium Density Residential Zone Code as:
• The code does not preclude short-term accommodation because the use is a consistent
use and ‘accepted development’ subject to requirements in the zone.
• Given the ‘accepted development’ provisions, the lawful existing use rights of older Dual
occupancy and Multiple dwellings in close proximity and the historical use of holiday
accommodation in Noosaville, residents have the expectation of visitors in the Medium
density residential zone;
• The proposal seeks the same rights of the surrounding developments and therefore will
positively contribute to the established amenity of the Medium density residential zone.
The proposal complies with the Purpose and overall outcomes 9.3.5.2 (1) & (2) of the Visitor
Accommodation Code as:
• The premises is appropriately located in a River side locale,
• It is a residential use in a residential neighbourhood; and
• Can be managed to avoid any adverse amenity effects on the surrounding land uses.
On the basis of the above assessment, it is recommended that Noosa Council favourably consider
the proposed Change of Use, subject to reasonable and relevant conditions. We look forward to
Council processing the application at its earliest convenience.
Should you require any additional information or have any queries please to not hesitate to contact
us.
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a G STRATEGIC STRATEGIC SOLUTIONS, CREATIVE THINKING rgstrategic.com.au