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

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.

                                                                                         Page 3 of 5