2023-01-16 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                               16 JANUARY 2023


An assessment in relation to each of the submitted representations is provided below:
Condition 5
The total number of guests accommodated at any one time must not exceed eight (8).
Applicant’s Representation
The Floor Plan, prepared by RG Strategic and dated 14/4/2022, revision 01, details the dwelling
and the 4 x existing bedrooms. The Floor Plan details that the dwelling accommodated 10 x guests
at a time. The Floor Plan is approved by Council under Condition 2 of the Decision Notice.
It is proposed that Condition 5 be amended to be consistent with the approved plans.
Assessment of Representation
It is noted that within the original submitted application material the applicant advised that a
maximum of 4 bedrooms and 8 guests would be accommodated, which differs to the 5 beds and
10 guests indicated on the approved plans. There are no requirements within the Rural Residential
Zone Code and the Visitor Accommodation Code that restricts the number of guests or bedrooms
made available as part of the approved short-term accommodation use.
It is noted that the Low Density Residential Zone Code seeks to limit the number of bedrooms
available for short term accommodation to 5. It is reasonable that 2 persons would be
accommodated within each of these rooms thereby enabling at least 10 persons to be
accommodated. The current proposal relates to land within the Rural Residential Zone which
includes a generously proportioned home with significantly greater separation from neighbouring
dwellings as to what can be achieved in the Low Density Residential Zone.
Furthermore, as the proposal does not include any changes to the existing dwelling house and will
not change the number of bedrooms available for guests, it is considered reasonable to amend
condition 5 to reflect the number of beds in the approved plans as follows:
5.   The total number of guests accommodated at any one time must not exceed ten (10).


Condition 6
All outdoor areas, including balconies, decks, pools and the like, must not be used after 9pm each
night.
Applicant’s Representation
To limit the use of the outdoor areas to 9:00PM is restrictive and unreasonable considering:
    The dwelling and associated pool, balconies and decks are orientated to the North-east and
     overlook the property’s bush as illustrated in the below photographs. As such, any potential
     associated noise with the use of the outdoor areas is directed away from the neighbouring
     properties;
    The subject site is a large rural residential allotment, and the outdoor areas and pool are
     densely screened by vegetation which provides a significant buffer between the neighbouring
     properties;
    The 9:00PM curfew unfairly restricts the guest’s ability to experience the scenic rural amenity
     and the sub-tropical climate unique to the Noosa hinterland; and
    A similar approval by Noosa Council has conditioned the outdoor areas to be used by guests
     until 10:00PM (MCU22/0006).




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