MCU180006.03 and OPW180012.03 Objection Thorvaldsen 20072021

Attn: Lisa Pienaar, Planning Section, Noosa Council.
RE: Comments on Other Change Application: MCU18/0006.03 and OPW18/0012.03
Address of subject properties: Units 1 and 2, 10 Hill Street, Sunshine Beach 4567
Photos sourced from advertising for short term accommodation as U1 and U2 Narwee at: https://www.sunshinebeachrealestate.com.au/holidays/apartments/ and https://www.stayz.com.au/holiday-rental/p9500926
Submitted by: Dean Thorvaldsen, 15 Oak Street, Sunshine Beach. 4567 on: 20 July 2021
The application is contrary to:
The Strategic Intent for housing in Noosa Shire;
The Strategic Outcome for Housing Choice; and
Performance Outcomes 6 a), b), f) and i) and Acceptable Outcomes 6.2 and 6.3 at Table 6.3.2.3 - Criteria for assessment of the Medium Density Residential Zone Code in the Noosa Plan 2020 as detailed in the table below and accompanying three photos.
Relevant sections of The Noosa Plan 2020	Objector’s Comments
Section 3.2.4 of Part 3 Strategic Intent for housing Noosa Plan 2020 “… neighbourhoods of permanent residents are protected from influxes of short-term visitors whose interests and priorities are not compatible with residential amenity. Party houses are restricted from establishing in Noosa Shire”.	APPLICATION DOES NOT COMPLY BECAUSE: Subject properties are 2 levels, built on a ridge line that adjoins and overlooks Low Density zoned dwellings in Oak Street. The majority (i.e. 3 out of 4) outdoor living areas per unit, face directly into habitable areas of Oak Street properties, adversely impacting residential amenity of permanent residents. (See photos 1, 2 and 3) Subject properties are both three bedroom units able to be rented to one group. Unit 1 is advertised as sleeping eight people and Unit 2, nine people. This increases the probability of a party house situation sleeping 17 people being constituted. Web advertising admits: “Perfect options for large families or groups wanting to stay together …..” Subject properties are each advertised at rentals of:  $4700p/w Peak, $3900 p/w High, $3050 p/w Mid and $2000 p/w Low Seasons. These prices increase the probability that friends in separate cars will bond together to reduce cost, resulting in 3 to 4 cars per unit requiring parking. Hill Street is now the main entry/exit to Sunshine Beach and vehicles exiting the subject property are not visible from cars entering into Sunshine Beach from the David Low Way roundabout. Increased car movements at this location will therefore adversely impact on the safety of the local road network.
Section  3..3.3 (n)of Part 3 Strategic Outcome for Housing Choice Noosa Plan 2020 “Neighbourhoods of permanent housing are protected from short term visitor accommodation that would impact on the amenity enjoyed by residents, however residents may share their home with guests in a well managed fashion to limit potential impacts”.	
Performance Outcomes 6 a), b), f) and i) and Acceptable Outcomes 6.2 and 6.3 at Table 6.3.2.3 - Criteria for assessment of the Medium Density Residential Zone Code Noosa Plan 2020	
Performance Outcome	Acceptable Outcome	
PO6 Visitor accommodation is limited to formats compatible with the character and use of the area so as not to cause unreasonable loss of residential amenity, having regard to: the privacy of residents on the subject property or adjoining properties; any likely increase in noise to adjoining properties; the impact on the safety and efficiency of the local road network; and any impact on shared vehicular access or parking.	AO6.2 Short-term accommodation does not: constitute a party house; create noise that would unreasonably impact on the residential amenity enjoyed by the adjoining or surrounding properties. AO6.3 Buildings are designed and orientated so that the majority of outdoor living areas face away from the habitable areas of adjoining dwellings.	

Comments in regards to applicants “Response to Information Request” dated 23 June 2021

Applicants state that both 9 and 11 Oak Street are used as short term accommodation. This is incorrect. Only 11 Oak Street is used as short term accommodation.

Applicants propose to install Zipscreen blinds to the upper rear balconies in order to address Council’s concerns regarding overlooking of adjoining low density residential dwellings in Oak Street. As a majority of outdoor living areas (i.e. 2 of the remaining 3 per unit) that face directly into habitable areas of Oak Street properties will remain, the application will still conflict with Acceptable Outcome AO6.3.

Should Council consider that the Applicant’s willingness to comply with council town planning requirements is a relevant factor in deciding whether to approve or refuse the application, Council may decide to ask following questions to the Applicants:

Was the property advertised and used for short term accommodation prior to the application for approval being made?
If so, what date did the short term accommodation begin, and was this after the Noosa Planning Scheme 2020 started?
Was the application only made after Council’s compliance officer advised the Applicants that the use of the subject properties for short term accommodation required town planning consent? and
Did the application make it clear that the majority of outdoor living areas (i.e. 3 out of 4) overlook the adjoining low density residential dwellings on Oak Street?