Delegated Report - Code - Planning MCU22 0006

Author	Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0006
Applicant	Cynthia Maree Alexander
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	21 January 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	10.05.2022
Report Completed Date	27.04.2022
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	307 Louis Bazzo Dr Pomona Qld 4568
RP Description	Lot 179 RP 899995
Land Area	55802.000 m²
Existing Use of Land	Dwelling and associated outbuildings

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay Biodiversity, Waterways and Wetlands Overlay (Area of Biodiversity significance and Riparian Buffer) Bushfire Hazard Overlay (High Potential and Potential impact) Flood Hazard Overlay Landslide Hazard Overlay (Moderate Hazard)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Short-term accommodation. The applicant proposes to utilise the existing two storey dwelling located on site for short term accommodation with no changes proposed to the existing buildings. The entire site is to be available for the proposed use with the applicant indicating that the existing dwelling has 4 bedrooms and therefore can accommodate up to 8 guests.
The applicant intends to utilise the subject property as their holiday home however wish to holiday let the property when they are not utilising the premises. A local property manager will oversee the management of the accommodation and a code of conduct will be provided for all guests to abide by.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Photos of existing buildings
site details
Site Description
The site is an irregular shaped lot located on the northern side of Louis Bazzo Drive, Pomona. An existing dwelling, pool and sheds are located near the centre of the site with the remaining areas well vegetated. A tributary of Ringtail Creek forms the northern boundary of the site.
Surrounding Land Uses
The site is located in an area characterised by a mix of rural properties which includes well vegetated smaller rural lots around the boundaries of the site and larger primary producing lots to the south and west. The rural residential subdivision known as Stratford Park is located diagonally opposite the site.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Visitor Accommodation Use Code;
All Works Codes;
The subject site is located in Pomona area and is zoned Rural.  The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys < 8 metres	
Gross floor area	500 m² for individual buildings	445 m²	
Boundary setbacks Frontage Side Side Rear	10 metres min 10 metres min 10 metres min 10 metres min	62 metres 81 metres 42 metres 93 metres	
Length of wall	15 metres max	16.2 metres Existing building	X
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	>15 degrees 600mm to >75%	
Carparking	3 spaces	2 covered and informal spaces available on site	
Rural Zone Code and Visitor Accommodation Code
The proposal has been reviewed against the Rural Zone Code and is considered to be consistent with the code as the visitor accommodation is small scale and does not impact on the viability of rural land uses as it is located in an existing dwelling on a site that is constrained in area and by environmental features.
The proposal has been reviewed against the Visitor Accommodation Code which seeks to ensure Visitor Accommodation is appropriately located and seeks to avoid conflicts with nearby land uses and maintain landscape values. The existing building does not adjoin any agricultural operations and is of an appropriate scale for the area. It is noted that the nearest residential dwellings to the site are approximately 150 metres from the existing dwelling with existing vegetation providing good visual screening to the subject site.  Sufficient area is also available on site for carparking and waste storage.
To ensure the potential impacts of noise are minimised, conditions are recommended to be imposed including a limit on the number of guests to 8 at any one time, restriction of the use of outdoor areas after 10pm and a requirement to maintain a register of complaints.
The proposed use is considered to align with the intent of the Noosa Plan to facilitate short term accommodation within the rural area whilst maintaining the viability of rural activities on the site or the surrounding area.

A new Local Law for Short Stay letting commenced 1 February 2022 which regulates the ongoing operation of short stay letting and home hosted accommodation and manages the impacts on permanent residents and guest safety.  Accordingly, an advisory note will be included on the approval to alert the applicant to the requirements under this legislation.

Biodiversity, Waterways and Wetlands Overlay

The existing dwelling is mapped as being located in the riparian buffer area on a Biodiversity Overlay Map and the proposal is required to be assessed against the Biodiversity, Waterways and Wetlands Overlay Code. The proposal involves the utilisation of an existing dwelling and no further clearing is required for the use as existing fire breaks have been established. The proposed use of the site is considered consistent with the Code.

Bushfire

The development site is mapped with Bushfire Hazard Overlay Map – High and Potential Impact Buffer over the existing dwelling and surrounds. The proposal does not trigger assessment against the Bushfire Overlay Code however the applicant has provided the following information addressing the risk:

The risk of bushfire hazard and the burden on disaster management response specialists is minimised by the upkeep and maintenance of the property’s lawns and understorey of the surrounding vegetation. Four (4) large water tanks and the swimming pool can be utilised for fighting or watering of the property in the case of a bushfire. The proposed Short-term Accommodation use is to be located in an existing detached dwelling, and no additional structures are proposed. Hence, the extent and severity of potential bushfire risk has not been altered. The property is accessed by Louis Bazzo Drive, which is a well maintained, major road connecting the Noosa Hinterland communities. The property can be accessed by emergency vehicles, if required, without issue from the existing well-maintained vehicle crossover. From the driveway, sightlines along Louis Bazzo Drive are clear of vegetation and are in excess of 250 metres in both directions. The risk to residents and visitors of the property is minimised as safe, low risk access from the property exists west of the site along Louis Bazzo Drive. Lastly, immediately south of the subject site is a large, cleared paddock which can be access from Louis Bazzo Drive. The paddock is mapped as no threat of bushfire hazard and could be used, in an emergency, for cover from the threat of bushfire.

The Bushfire Hazard Overlay Code outcome is to ensure that development avoids or mitigates the potential adverse impacts of bushfire on people, property, economic activity and the environment. Performance Outcome PO6 requires easy and safe evacuation of residence of premises and access by emergency services. The dwelling and associated access are located in a High Potential and Potential Impact Buffer and whilst a Bushfire Assessment and Management Plan is not required under the Noosa Plan 2020, a condition requiring maintenance on the access track to ensure that a safe access and egress is available at all times to the development for emergency vehicles and personnel is included.

Koala Habitat
The site is mapped as a mapped Koala Habitat and Priority Area however no clearing is proposed and existing fire breaks are located on the site.

cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency as the development is within 25 metres of a state controlled road. The Department has responded advising that they approve the application subject to conditions.
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The application seeks approval to utilise an existing dwelling for short term accommodation in the rural area. The use of the existing dwelling ensures that the character and environmental attributes of the site are maintained.
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0006 for a Material Change of Use - Short-term accommodation situated at 307 Louis Bazzo Dr Pomona Qld 4568 and described as Lot 179 RP 899995, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0006
Street address:	307 Louis Bazzo Dr Pomona Qld 4568
Real property description:	Lot 179 RP 899995
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Short-term accommodation
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Plans and Documents
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
AO1	1	Site Plan prepared by RG Strategic	12.01.2022
PO1	prelim	Existing upper floor plan – sheet 1	16.12.2021
PO1	prelim	Existing sub - floor plan – sheet 2	16.12.2021
Currency Period
This development approval lapses if the use has not happened by 28th April 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The total number of bedrooms within the existing dwelling that are available for guest accommodation must not exceed 4.
The total number of guests accommodated at any one time must not exceed 8.
Amenity
All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm each night.
The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
The operation of the approved use must be in accordance with Administration (Amendment) Subordinate Local Law (No.1) 2021.
*Refer Advisory Note.
Contact Person
Prior to the commencement of the use written confirmation must be provided to Council confirming:
a.	the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
b.	that the contact person is available 24 hours a day, 7 days a week; and
c.	that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and
d.	that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries.
A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing Councils hotline number. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
A code of conduct must be developed and provided to all users and occupants of the short term accommodation, including any website or social media used to promote the use of the premises for short term accommodation.
The code of conduct must advise all users of the premises:
a.	That the use of the premises must not:
i.	detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or
ii.	cause a nuisance (including a noise nuisance);
iii.	display unacceptable behavior including:
a.	loud aggressive behaviour;
b.	yelling, screaming, arguing; or
c.	excessively loud cheering, clapping and singing.
iv.	create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise).
b.	That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility.
c.	That each vehicle used by a user of the premises must:
i.	be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
ii.	be parked within the parking facilities at the premises where provided.
d.	That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container.
e.	That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
f.	That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
g.	The nature and extent of the approved use as detailed in conditions numbers 5 to 8 of this development approval.
The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
The contact person must respond to all complaints within 30 minutes of notification of a complaint.
The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following:
a.	on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis:
i.	the number of adults who are users of the premises; and
ii.	the number of minors, an individual who is under 18, who are users of the premises.
b.	the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended.
The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
the written record of complaints referred to in condition 16; and
the register referred to in condition 18.
Water Supply
The development must be provided with a potable water supply.  The storage capacity of the potable water supply must be a minimum of 5000 litres per guest.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Retention of Existing Trees
All existing native vegetation located on the site and in the road reserve must be retained and protected.
Bushfire Management
Access/Egress tracks must be maintained, be safe and available at all times to all of the development for emergency vehicles and personnel.
The site must be provided with a water storage reservoir having a minimum 5000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank.  If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
the domestic take off from the tank is at or above the 5,000 litre point; and
standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles.
The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose of sufficient length to easily reach around to all sides of the building.
ENGINEERING
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors to the car parking spaces provided on site.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2 ,Table 4 (Planning Regulation2017) Development application for a Material Change of Use within 25m of a State Controlled Road	The agency provided its response on 18th March 2022  (Reference No. 2201.27069 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Short Stay Letting Local Law
On 21 October 2021, Noosa Council adopted a new local law for short stay letting and home hosted accommodation. The new local law commenced on 1 February 2022. A one-off application will need to be made, under the new local law, for all existing and new properties operating short stay letting or home hosted accommodation, unless identified as exempt.
For more information and application forms please visit the council website below:
https://www.noosa.qld.gov.au/short-stay-letting-home-hosted-accommodation-local-law
Change of Classification
An application for a Building Approval for reclassification of the building will be required to be submitted in accordance the Building  Act 1975 and Standard Building Regulation 1993.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.

property notes
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.

VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	Reclassification of Class 1a Building to Class 1b (Private Certification)
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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