Council Planning Negotiated Report MCU22 0067

MCU22/0067 – representations to development permit FOR MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH

Document information

Author	Graduate Development Planner, Jada Lyons
Environment and Sustainable Development

Index	ECM/ Applications/ MCU22/0067

Attachments	Nil.

APPLICATION DETAILS
Applicant	T & J Hodgkinson P/L
Development Approval	Material Change of Use - Short-term accommodation
Representations Received on	7 September 2022
Number of Submissions for Original Application	2 Properly Made

PROPERTY DETAILS
Property Address	401 Sunrise Rd Tinbeerwah Qld 4563
RP Description	Lot 7 RP 207543
Land Area	1.97 hectares
Existing Use of Land	Dwelling house and associated structures

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Locality	Tinbeerwah
Zone	Rural Residential
Overlays	Biodiversity, Waterways and Wetlands Overlay Area Subject to Biodiversity Overlay Bushfire Hazard Overlay High Potential Bushfire Intensity Landslide Hazard Overlay High Hazard Area Moderate Hazard Area Koala Habitat Area Koala Priority Area Core Koala Habitat Area
Assessment Type	Representations made to original approval
executive summary
The proposal seeks to make change representations to conditions of a development approval for a Material Change of Use for Short Term Accommodation at 401 Sunrise Road, Tinbeerwah. The applicant has made change representations to the following conditions of the decision notice:
5. 	The total number of guests accommodated at any one time must not exceed eight (8).
6.	All outdoor areas, including balconies, decks, pools and the like, must not be used after 9pm each night.
12. 	The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable satisfaction of the Manager Development Assessment.
15. 	The development must be provided with a potable water supply connected to each cabin. The storage capacity of the potable water supply must be a minimum of 5000 litres per guest. The storage capacity of the potable water supply must be a minimum of 4000 litres per guest bedroom/unit/cabin.
It is recommended that conditions 5 and 15 be amended generally as requested by the applicant and the request to change conditions 6 and 12 regarding outdoor use areas and driveway sealing be refused.
RECOMMENDATION
That Council note the report by the Graduate Development Planner to the General Committee Meeting dated 24 October 2022 regarding representations to Development Approval (MCU22/0067) for a Material Change of Use - Short-term accommodation situated at 401 Sunrise Rd Tinbeerwah and:
A.	Agree to amend conditions 5, & 15 to read as follows:
5. 	The total number of guests accommodated at any one time must not exceed ten (10).
15. 	The development must be provided with an approved reticulated potable water supply. The storage capacity of the potable water supply must be a minimum of 50,000 litres (e.g., 1 x 50,000 litre tank or 2 x 25,000 litre tanks).
There is to be an adequate quantity of water to be made readily available for the number of guests for the duration of the booking.
B.	Refuse to the representations made for conditions 6 and 12 for the following reasons:
Condition 6
The use of outdoor areas by guests accommodated on the site has the potential to adversely impact resident’s amenity, given the pool and outdoor areas are located within reasonable proximity to nearby houses.
The restriction on use of outdoor areas only applies to use of the property for short term accommodation and does not apply to the residential use of the property by owners.
Condition 12
1.	Sealing of the shared access driveway will improve the safety of the driveway for visitors and guests; and
2. 	Sealing the shared access driveway will limit the potential impacts on neighbouring residents’ amenity.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
background
A development application for a Material Change of Use for Short-Term Accommodation was approved at Council’s Ordinary meeting on 18 August 2022.
The applicant suspended the appeal period and made representations on 7 September 2022 to the development approval conditions. The representations are detailed below but primarily relate to the number of guests accommodated at any one time, the restriction on outdoor areas to not be used after 9pm each night, sealing the shared access driveway and supplying potable water to the dwelling.
At the time the application was publicly notified 2 properly made submissions were received. The submitters were primarily concerned with stormwater discharge to adjoining properties, unsafe vehicle movement along Sunrise Road and the use and deterioration of the shared access driveway.
assessment
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. 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).

Given the above reasons, it is requested that the Condition be revised to allow the outdoor area to be utilised until 10:00pm by the short-term accommodation guests.
Furthermore, to restrict the use of the outdoor areas when the dwelling is being utilised by the property owners is unreasonable. As such, it is recommended that the Condition be revised to allow the owners of the property to enjoy their property without limitation.
It is proposed that Condition 6 of the Decision Notice is amended to read as:
6. All outdoor areas, including balconies, decks, pool and the like, must not be used by those persons using the property for Short-Term Accommodation after 10pm each night.
Assessment of Representation
It is considered that the short-term accommodation use will have the potential to adversely impact nearby neighbouring residents’ amenity compared with other approvals issued for short term accommodation in rural areas. Similar approvals included a greater setback to neighbouring properties than the subject site. The outdoor pool area is located approximately 5 metres from the side property boundary and 35 metres from the neighbouring dwelling. Use of outdoor areas at night has the potential to impact on the amenity of neighbouring properties and as such it is not considered unreasonable to restrict the use of outdoor areas to 9pm each night.
The condition only applies to the use of the property for short term accommodation and not as a private residence.

Condition 12
The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable satisfaction of the Manager Development Assessment.
Applicant’s Representation
It is an unreasonable imposition on the applicant to seal the entire length of the driveway and crossover access to Sunrise Road.
The applicant agrees to seal the shared entry to Sunrise Road for a distance of 10 metres in accordance with Council’s standards relevant to rural properties. The sealing of the crossover to Sunrise Road will provide improved access to all properties who benefit from the easement including 393, 399, 403 and the subject site 401 Sunrise Road.
It is unreasonable for Council to require the applicant to seal the complete length of the driveway (in addition to the 6 metres agreed), a length of approximately 100 metres, when:
The driveway is utilised by the subject site and three (3) additional properties (393, 399 and 403 Sunrise Road). As such, any works undertaken, and the associated costs should be jointly shared by the property owners who benefit from the sealing and driveway improvement; and
The use of the dwelling for Short-term Accommodation is of a lessor scale and intensity than that of the dwelling being used for permanent residence and occupied 100% of the time. As such, is it unfair for the applicant to be burdened with all of the costs associated with the sealing of the entire driveway.
It is proposed that Condition 12 of the Decision Notice is amended to read as:
12. 	The crossover from Sunrise Road must be sealed for a length of 10 metres to the reasonable satisfaction of the Manager Development Assessment or to Council’s relevant standard for rural driveways.
Assessment of Representation
Acceptable Outcome AO11.1 of the Visitor Accommodation Code seeks that ‘Visitor Accommodation is directly accessible from a sealed road or a good standard gravelled road’, and corresponding Performance Outcome PO11 seeks that ‘Safe vehicular access is provided to and from the site without adversely impacting on the safety of the road network’.
It is considered that the short term accommodation use will increase vehicle traffic to the subject site due to the number of guests that can be accommodated at any given time, in turn increasing the amount of vehicle traffic on the shared access driveway and surrounding roads. The increase in use of the driveway has the potential to create a greater dust and noise nuisance to the adjoining properties at 393, 399 and 401 Sunrise Road that share the driveway with the subject site. As such, it is not considered unreasonable to require the shared access driveway to be improved to retain amenity for surrounding neighbours and safety of the road network.

Condition 15
The development must be provided with a potable water supply connected to each cabin. The storage capacity of the potable water supply must be a minimum of 5000 litres per guest. The storage capacity of the potable water supply must be a minimum of 4000 litres per guest bedroom/unit/cabin.
Applicant’s Representation
Condition 15 as currently worded is not relevant to the approved development and existing dwelling. It is proposed that the Condition be amended as per below.
It is proposed that Condition 15 of the Decision Notice is amended to read as:
15.	The development must be provided with a potable water supply. The storage capacity of the potable water supply must be a minimum of 5,000 litres per guest.
Assessment of Representation
Condition 15 in its current format is not relevant to the approved use and as such officers are agreeable to amend the condition.
After further consideration it is noted that the wording of the condition concerning potable water supply is unclear with regard to the minimum amount of water to be supplied for each guest. As such, the condition has been amended to clearly state the minimum water supply needed for the approved 10 guests.
It is recommended that the requested changes to the condition be agreed to and condition 15 to read as follows:
15. 	The development must be provided with an approved reticulated potable water supply. The storage capacity of the potable water supply must be a minimum of 50,000 litres (e.g., 1 x 50,000 litre tank or 2 x 25,000 litre tanks).
There is to be an adequate quantity of water to be made readily available for the number of guests for the duration of the booking.

conclusion & REASONS FOR DECISION
The applicant has sought to make change representations to conditions 5, 6, 12 and 15 of the decision notice. It is recommended that Council agree to amend conditions 5 and 15 regarding the number of guests accommodated at any one time and supplying potable water to the premises but refuse the representations in relation to conditions 6 and 12.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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GENERAL COMMITTEE MEETING REPORT	24 OCTOBER 2022

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