M3024 - Change representations (2)

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              c) the owner of the premises does not occupy the premises during that period.

We do not believe the condition is warranted for a development, which is seeking to provide short term accommodation
aimed at twin share or single persons. It is considered that the small size of the units (i.e single bed) assists in mitigating
the risk of units as being used as a party house.

Any precautionary measures relating to the premises being potentially used as a party house would be more
appropriately nestled in the approval’s advisory notes and/ or property notations. It is also understood the future owners
will be required to adhere the requirements of Noosa Council short term accommodation local law policy, which is
required for all short term letting or home hosted accommodation. It is considered that this local law has sufficient
safeguards to ensure the proposed 1 bedroom’s units are not used for the purposes of a party house.
As such, it is requested that condition 4 be deleted as follows.

         4. The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s
         parties, raves, or wedding receptions for example) permitted on site. Deleted

Condition 12
        Amenity
        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.

Representation
Our client does not believe this condition is reasonably required for the development and is potentially vague in its
application. The operation of the use is adequately controlled through the approved plans and other conditions of
approval such as hours of operation (food and drink outlet) which mitigate the potential impacts from overlooking and
noise on surrounding premises. In addition, noise nuisance matters are appropriately addressed EP Noise policy.
Accordingly, we request that the condition be deleted and any additional commentary regarding potential noise impacts
can be addressed by way of Advisory Notes and the short term accommodation local law, as per Condition 4 above.
We recommend that condition 12 be deleted as follows:

         Amenity
         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.
         Deleted

Condition 20
        Any street fencing along Douglas Lane must not exceed 1.8 metres in height, be setback an average of 1 metre
        and articulated to provide visual interest by stepping the design. Any fencing on the front boundary must either:
                a. not exceed a maximum height of 1.2 metres
                b. be of open construction.




JFP Ref: M3024P                                                                                                    Page 10