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Appeal D96 Of 2024 Relating To Refusual Of MCU24/0003 Material Change Of Use For Short Term Accommodation At 428 Cootharaba Road, Cootharaba · Attachment 1 - MCU24/0003 -Development Assessment Planner'S Report

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GENERAL COMMITTEE MEETING REPORT                                                  12 AUGUST 2024


    ATTACHMENT 1 – MCU24/0003 – DEVELOPMENT ASSESSMENT PLANNER’S REPORT


REPORT
A report was presented to the June round of Council meetings recommending approval of a
development application for Material Change of Use for Short-term accommodation at 428
Cootharaba Road, Cootharaba.

The application sought approval to develop a Rural zoned site to establish Short-term
accommodation, specifically:
•    The proposal included utilising the existing 2 bedroom dwelling for the short-term
     accommodation use, with parking being provided on site for 2 cars within a detached carport.
•    The site has an area of 3.16 hectares, with the existing dwelling well setback form the roadside,
     achieving an approximate setback of 180 metres, and 13 metres to the eastern boundary.
•    The dwelling is not visible from the roadside or the adjoining premises due to the extent of
     vegetation. The closest dwelling is located approximately 85 metres away.




                                        Figure 1 – Locality Plan




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Page 2

GENERAL COMMITTEE MEETING REPORT                                                     12 AUGUST 2024




                       Figure 2 - Site Plan and Floor Plan (provided by Applicant)




                                      Figure 3 – Photo of building

The Officer report concluded that the application demonstrated compliance with the Noosa Plan
2020 requirements, as the proposal was small scale and compatible with the surrounding area,
with no rural activities operating in the immediate area, and that the proposal would not have any


                                                                                         Page 2 of 5

Page 3

GENERAL COMMITTEE MEETING REPORT                                                  12 AUGUST 2024


significant impacts on the area’s amenity, character or environmental values subject to a condition
restricting the use of outdoor areas after 9pm.
Following extensive discussion at both the Planning & Environment Committee and the General
Committee meetings, including potential impacts to people and property given the bushfire hazard
present on the site and the impact on the availability on the availability of dwellings for permanent
accommodation, as identified in the Noosa Council Short Term Accommodation Monitoring Report
November 2022, the Officer recommendation was not supported.
Accordingly, at the Ordinary meeting on 20 June 2024 Council refused the application for the
following reasons:

1.    The proposal is not consistent with 3.2.6 (Tourism) of the Strategic Framework as:
      a.    It does not provide for high quality nature-based and rural tourism experiences.
      b.    Short-term accommodation is not an ancillary rural industry which supports production,
            investment, and diversification.
2.    The proposal is not consistent with 3.3.3 (Housing Choice) of the Strategic Framework as:
      c.    It does not protect the rural neighbourhood from short term visitor accommodation that
            would impact on the amenity enjoyed by residents.
3.    The proposal does not comply with the Purpose and Overall Outcomes (2)(i) of the Rural
      Zone Code as
      a.    it does not provide for rural uses and/or activities or other uses and activities that are
            compatible with existing and future rural uses and activitie
      b.    it does not provide for rural uses and/or activities or other uses and activities that are
            compatible with the character and environmental features of the zone.
      c.    the visitor accommodation in its proposed form does not complement rural uses or
            promote the sustainable use of rural land.
4.    The use of the premises for Short Term Accommodation is not consistent with Performance
      Outcome PO4 of the Rural Zone Code as it not compatible with rural activities and will detract
      from the rural amenity of adjoining properties.
5.    The use of the premises for Short Term Accommodation is not consistent with Performance
      Outcome PO25 of the Visitor Accommodation Code as it will result in an unreasonable loss
      of residential amenity because of a likely increase in noise to adjoining properties.
6.    The proposal does not comply with the Purpose and Overall Outcomes (2)(a), (b) and (e) of
      the Bushfire Hazard Overlay Code as:
      a.    It does not avoid or mitigate the potential adverse impacts of bushfire on people and
            property.
      b.    It proposes development in an area at risk from bushfire hazard and it is not compatible
            with the nature of the hazard.
      c.    The risk to people, property and the natural environment from bushfire hazard is
            not minimised.
      d.    The development unduly burdens disaster management response and recovery
            capacity and capabilities.
7.    The proposal does not comply with Performance Outcome PO1 of the Bushfire Hazard
      Overlay Code as:
      a.    The development may materially increase the number of people congregating on the
            premises who are unfamiliar with the locality, and as such increasing risk to the safety
            of people and property from the adverse impacts of bushfire.

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Page 4

GENERAL COMMITTEE MEETING REPORT                                                 12 AUGUST 2024


8.    The proposal does not comply with Performance Outcome PO6 of the Bushfire Hazard
      Overlay Code as:
      a.   Safe access and egress to the development for emergency vehicles and personnel has
           not been demonstrated.
      b.   easy and safe evacuation of residents of premises and access by emergency services
           has not been demonstrated.
9.    The use is inconsistent with the Noosa Housing Strategy 2022 - Keep Noosa Home item 7.7:
      Ensure that short-term accommodation in the hinterland is complementary to housing on site
      and not at the expense of housing. Whole-house short term rentals should be limited to
      infrequent letting of the owners principal-place of residence
10.   The use is inconsistent with the Noosa Council Short Term Accommodation Monitoring
      Report November 2022 as:
      a.   Short-term accommodation, without a permanent resident remaining on site,
           compromises future housing supply for permanent residents.
      b.   Short-term accommodation of an entire dwelling house compromises adequate long
           term housing stock being available to meet the diverse needs of Noosa Shire’s current
           and future residents, consistent with Noosa Council’s adopted Housing Strategy 2022.
      c.   Short-term accommodation does not reinforce the purpose and outcomes to be
           achieved by development within the Rural zone for rural pursuits, particularly
           agricultural uses and complimentary value-added uses and housing for permanent
           residents.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.

The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.

Previous Council Consideration
Not Applicable

Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.

Consultation
External Consultation - Community & Stakeholder
Thynne + Macartney – Tim Quirk

Internal Consultation




                                                                                       Page 4 of 5

Page 5

GENERAL COMMITTEE MEETING REPORT                                                 12 AUGUST 2024


Departments/Sections Consulted:

    Office of the CEO, Mayor &               Community Services          Corporate Services
            Councillors
    Mayor & Councillors                   Director                    Director
    Chief Executive Officer               Community Development       Financial Services
    Executive Officers                    Sport & Active Lifestyles   Fleet
    Community Engagement                  Arts & Culture              Revenue Services
    People & Culture                      Community Connection        ICT
    Governance                            Customer Experience         Commercial Property
    Strategy & Environment &              Development & Regulation     Infrastructure Services
    Sustainable Development
    Director                          x   Director                    Director
    Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                      and Delivery
    Economic     Development      &       Local Laws                  Civil and Asset operations
    Destination Management
    Environmental Services                Environmental Health        Asset Management
    Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                          Property / Permits          Disaster Management
                                                                      Waste




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