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Bounce Noosa - Other Change Planning Report · MCU18/0102.02

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Town Planning Report
Request for an ‘Other Change’ to the
Development Approval (MCU18/0102)

14 – 16 Mary Street, Noosaville 4566 QLD
Lots 3 and 4 on RP 122928


Bounce Hostel Noosa Pty Ltd ATF The Bounce Hostel Unit Trust
Full text of the other 13 pages

Page 2

Table of Contents

Important Note                                                                                                                                                       2

1.     Summary                                                                                                                                                       3

2.     Background                                                                                                                                                    4

       2.1 Council Ref - MCU18/0102                                                                                                                                  4
       2.2 Council Ref - Temporary Use Permits                                                                                                                       4

3.     Development Intent – Proposed Change                                                                                                                          5

4.     Proposed Change to Conditions                                                                                                                                 6

       4.1 Item 2 - Development Approval Type                                                                                                                         6
       4.2 Condition 5                                                                                                                                               6
       4.3 Condition 8                                                                                                                                               6

5.     Planning Assessment                                                                                                                                            7

       5.1 Development Codes                                                                                                                                          7
      Strategic Framework                                                                                                                                             7
      Amenity                                                                                                                                                         7
      Carparking                                                                                                                                                    10
       5.2 Other Change                                                                                                                                              11

6.     Conclusions                                                                                                                                                  12




List of Tables
Table 1 - Code assessment ..................................................................................................................................... 8
Table 2 - Car parking ............................................................................................................................................... 10



Appendices
Appendix A - Entertainment Noise Assessment prepared by Live It Acoustics.
Appendix B - Carpark Circulation Count prepared by Bounce Noosa.




RG Strategic                                              Planning Report – Other Change Application                                                                   1

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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for Bounce Hostel Noosa Pty Ltd ATF The Bounce Hostel Unit Trust
(“Client”) for the specific purpose of demonstrating the proposed use as being permitted under the
Noosa Plan 2020 (“Purpose”). This report is strictly limited to the purpose and the facts and matters
stated in it and does not apply directly or indirectly and will not be used for any other application,
purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

             •   this report may not be relied on by a Third Party; and

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                 arising out of or incidental to a Third Party; and

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compensation, interest and any other direct, indirect, consequential or financial or other loss.




RG Strategic                          Planning Report – Other Change Application                          2

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1. Summary

RG Strategic has prepared this development application on behalf of Bounce Hostel Noosa Pty Ltd
ATF The Bounce Hostel Unit Trust. The purpose of this report is to seek approval for an ‘other change’
to MCU18/0102. The subject site is 14 – 16 Mary Street, Noosaville known as the Bounce Resort.

The other change seeks to include a Food and Drink Outlet within the resort. This change means
that guests not staying at the Resort can attend the premises to consume the food and drink
offerings within the resort.

No building work is required for the Food and Drink Outlet to operate with the existing kitchen and
café bar area utilised for food and drink preparation. These spaces are lawful to offer food and
beverages, with all relevant approvals in place (food licences and liquor licence from the Office of
Liquor and Gaming Regulation).

The key aspects of the development are:

     •   No change to the operation as Bounce resort has been lawfully operating since December
         2021 under COVID Temporary Use Permits which allow external guests to attend the site.
         The proposal only seeks to operate in this manner on a permanent basis. Noting no
         complaints from surrounding residents have been lodged with Council.
     •   The operator has demonstrated over the year that external guests can visit the site and
         consume food and beverages without any negative impacts on surrounding residents.
     •   A manager lives onsite and is available 24 hours.

     •   No car parking or traffic issues has been created or raised in the last year while external
         guests have attended the site under the Temporary Use Permit.

This request includes the following changes to the conditions of approval.

Delete condition 5 – it is superfluous as the approval clearly sets out the use.

Amendment condition 8 to read:

8.       The café, sundeck and associated facilities within the resort, as indicated on the approved
         plans, is approved to be used by resort guests and non-staying guests associated with the
         Food and Drink Outlet use.

8.       The café, pool and sundeck must only be available for the residents of the visitor
         accommodation use and must not permitted for use by persons not staying in the visitor
         hostel.

This report should be read in conjunction with MCU18/0102 and the accompanying covering letter,
DA Form and Appendices. The development is appropriate and is not anticipated to impact upon
the amenity of the development or surrounding residents. Council’s approval of the application is
therefore sought, subject to relevant and reasonable conditions.




RG Strategic                        Planning Report – Other Change Application                      3

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2. Background

2.1 Council Ref - MCU18/0102


    •    On 15 November 2018 Council approved a Development Permit for Visitor accommodation
         Type 4 - conventional.

    •    On 21 March 2019 Council issued a Negotiated Decision Notice a Development Permit for
         Visitor accommodation Type 4 - conventional This approval included stringent conditions
         relating to noise emanating from the site.

         The operation, since opening, has fully complied with all conditions of approval including the
         onerous conditions relating to noise such as Conditions 3d, 6 and 7.

2.2 Council Ref - Temporary Use Permits


On 1 December 2021, Council approved the first Temporary Use Permit (for COVID) to allow
registered external guests (non-residents) to use the café and outdoor sundeck area for the
consumption of food and beverage sold onsite. This Temporary Use Permit has been extended and
is current until June 2023.




RG Strategic                        Planning Report – Other Change Application                       4

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3. Development Intent – Proposed Change

The applicant is proposing an ‘other change’ to the approval to include a Food and Drink Outlet.
This is to allow for external guests (non-staying) to attend the site for the consumption of food and
beverages sold on site. Noting the café, sundeck and associated facilities within the resort will be
non-exclusive and will be used for both staying and non-staying guests.

No building work is required for the Food and Drink Outlet to operate with the existing kitchen and
café bar area utilised for food and drink preparation. These areas are lawful to offer food and
beverages with relevant approvals in place (food licences and liquor licence from the Office of Liquor
and Gaming Regulation).

The key aspects of the development are:

     •   No change to the current operation as the Resort has been lawfully operating since
         December 2021 under the Temporary Use Permit (current until June 2023) which permits non-
         staying guests to attend the site and consume food and beverages. Noting that no
         complaints from surrounding residents have been registered by Council in this time. The
         proposal only seeks to operate in this way on a permanent basis.

     •   The operator has demonstrated over the year that external guests can visit the site without
         any negative impacts on surrounding residents.

     •   A manager lives onsite and is available 24 hours.

     •   No car parking or traffic issues have been created or raised in this period of the Temporary
         Use Permit. Importantly, this application is requesting that the 3 car spaces and 3
         motorcycle spaces created on street as part of the original approval are included in the car
         parking calculation for the Food and Drink Outlet Use.

This request includes the following changes to the conditions of approval.

Delete condition 5 – it is superfluous as the approval clearly sets out the use.

Amendment condition 8 to read:

8.       The café, sundeck and associated facilities within the resort, as indicated on the approved
         plans, is approved to be used by resort guests and non-staying guests associated with the
         Food and Drink Outlet use.
8.       The café, pool and sundeck must only be available for the residents of the visitor
         accommodation use and must not permitted for use by persons not staying in the visitor
         hostel.




RG Strategic                        Planning Report – Other Change Application                       5

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4. Proposed Change to Conditions

The following Item and Conditions contained within the Existing Approval are sought to be amended
or deleted to advance the proposal.

4.1       Item 2 - Development Approval Type


It is requested to change Item 2 - Decision Details to include a Food and Drink Outlet and to read
as follows:

      •   Development Permit for Material Change of Premises (Visitor Accommodation Type 4
          Conventional) and a Food and Drink Outlet as defined under Noosa Plan 2020.

4.2       Condition 5

Existing condition 5 reads as follows:

5.        The approved accommodation units must be used for short term visitors only. The approved
          units must not be occupied by persons for the purpose of permanent accommodation.

It is sought to delete this condition as it is superfluous as Item 2 clearly states the use is only for visitor
accommodation and The Noosa Plan 2006 clearly defines Visitor accommodation Type 4
Conventional.

Change condition 5 to read as follows:

Condition 5 - Deleted

4.3       Condition 8

Existing condition 8 reads as follows:

8.        The café, pool and sundeck must only be available for the residents of the visitor
          accommodation use and must not permitted for use by persons not staying in the visitor
          hostel.

Change Condition 8 to reads as follows:

8.        The café, sundeck and associated facilities within the resort, as indicated on the approved
          plans, is approved to be used by resort guests and non-staying guests associated with the
          Food and Drink Outlet use.




RG Strategic                          Planning Report – Other Change Application                             6

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5.   Planning Assessment

5.1 Development Codes

Strategic Framework

While the application for a Food and Drink Outlet is inconsistent and requires impact assessment
subject to the whole of the Planning Scheme, assessment is limited given there are only 2 key matters
raised, noise (amenity of surrounding residents) and carparking. An assessment of need is not
considered appropriate in this instance given that the use is minor in nature and scale and one that
is generally located in a resort such as Bounce.

An assessment is provided against the relevant provisions of the Noosaville Local Plan Code, the
District Centre Zone Code and the Driveways and Parking Code below and in Table 1.

Amenity

The subject site is unique as the short-term accommodation (STA) is an inconsistent use in the
Precinct except for on the subject site where STA is identified specially as a consistent use. The
proposed Food and Drink Outlet is a use which is ordinarily seen in a resort of this type and used for
guests and non-staying guests. A business model required for commercial sustainability. The
following list provides a few of the resorts which offer food and beverages to the public, most of
which are in residential zones and subject to the same potential impacts as this proposal. The list
demonstrates that Food and Drink Outlets can be successfully integrated into resorts in residential
areas without negative impacts on surrounding residents or guests. Some examples (not an
exhaustive list) around the Shire are:

     •   The Islander Resort Noosa has multiple food and drink offerings located along Thomas
         Street and Gympie Terrace;

     •   Da Vos, while not all STA is a situation where residential coincides with Food and Drink
         Outlets;

     •   South Pacific Resort has both permanent and visitors accommodation and offers a busy
         Thai, Izzy Chai;

     •   RACV resort has 2 food and drink offerings, Arcuri Restaurant and Dazza’s Bar;

     •   Noosa Blue Resort offers Pressed@Blue a fully licenced café;

     •   Noosa Lakes Resort - Nguyen Brothers Vietnamese restaurant.




RG Strategic                        Planning Report – Other Change Application                       7

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The following Table 1 outlines key provisions and assessment of the Noosaville Local Plan Code and
District Centre Zone Code (Mary Street Health and Wellbeing Precinct)

Table 1 - Code Assessment

                     Provision                                      Assessment and Compliance

Noosaville Local Plan Code

Overall outcome                                   The proposal offers an opportunity for residents and visitors to
(i)In the vicinity of Gibson Road and Mary        the area an alternative food and drink offering in a casual
Street, the District centre zone provides a       atmosphere. The proposal will service the needs of both
range of business, entertainment and              residents and visitors.
community activities to service the needs of      The proposal is minor in nature and small scale, using only a
residents and visitors in a form and scale that   portion of the pool deck, and is in keeping with the scale of the
does not detract from the role and function of    resort. The use area is located in the courtyard area and does
the Noosa Business Centre                         not activate Mary Street and is hidden from view of surrounding
                                                  residences. The proposal fully complies with the overall
                                                  outcome.

PO1                                               The resort is approved to only cater for staying guests whereas
Development enhances the role of Noosaville       PO2 seeks that development provides services for the
as a major focus for visitor accommodation        permanent residents. The Food and Drink Outlet allows non-
and services in Noosa Shire with high levels of   staying guests including permanent residents to use the site
accessibility to outdoor recreational pursuits    and contribute to the Noosaville lifestyle.
and urban services.                               Under the Temporary Use Permit, the resort has successfully
                                                  catered for permanent residents for more than 1 year and fully
PO2                                               complies with both PO1 and PO2.
Development contributes to the lifestyle and
amenity of permanent residents of Noosaville,
and services communities outside of the local
plan area.

District centre zone code
Mary Street/Thomas Street Health and Wellbeing Precinct

Overall outcomes                                  The proposal continues to provide low-cost budget
3(b)Low-cost short-term accommodation,            accommodation while also complying with PO2 of the
such as a backpackers hostel, may be located      Noosaville Local Plan Code to service permanent residents of
at 14-16 Mary Street.                             the area. It is an essential model for commercial sustainability
(d)Development does not generate large            that non-paying guests are permitted on the premises to
volumes of traffic or require significant         consume food and drink.
customer parking.                                 It is considered onerous that Council is requiring a traffic report
                                                  by an RPEQ as the Food and Drink Outlet Use. has been
                                                  operating lawfully for more than 1 year with no adverse impacts
                                                  on Mary Street traffic or car parking, or surrounding residents.
                                                  Further, Council on many occasions around the Shire, has
                                                  included on-street car parking provided by the development to
                                                  be included in the car parking calculation.
                                                  The original approval did not consider the 3 car spaces and 3
                                                  motorcycle spaces created by this development on the street
                                                  directly in front of the resort. The proposal triggers 4 spaces
                                                  which is generally the number of spaces provided in Mary Street


      RG Strategic                      Planning Report – Other Change Application                          8

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                                                by the development.
                                                A Carpark Circulation Count over a period of 7 days (Monday
                                                13th February to Sunday 19th February) was undertaken by the
                                                hostel operator and is enclosed as Appendix B. Whilst the
                                                occupancy of the hostel during this period was on average 95%
                                                full (peaks of 100%), as demonstrated in the Carpark Circulation
                                                Count, the hostel basement carpark remains primarily vacant
                                                for this period, providing sufficient car parking for any additional
                                                food and drink guests.

Health and Wellbeing Precinct                Complies
PO15
Development is to be of a domestic scale and
has a maximum site cover of 50%.

14-16 Mary Street, Noosaville                    Complies
PO16
Development for short-term accommodation
at 14-16 Mary Street Noosaville (Lots 3 and 4 on
RP122928) contributes to diversity in visitor
accommodation styles for Noosaville and has
a maximum plot ratio of 1.3:1.

PO42                                            It is considered amenity is the key assessment matter.
Where adjoining land in a residential zone      Similar to the listed resorts above who offer Food and drink to
development ensures that the siting, design     the public, Bounce has clearly demonstrated in the past year
and hours of operation do not unreasonably      that it can operate with non-staying guests on site consuming
impact on the amenity enjoyed by users of       food and drink without any impacts on the surrounding
adjoining or nearby premises.                   residential amenity. Clearly complying with this provision.
                                                To address any argument that the operator may change, the
                                                current approval has rigorous and clear conditions pertaining to
                                                hours of operation and noise particularly given the strategically
                                                designed building for acoustic purposes.

                                                Bounce Noosa is designed with a centrally located courtyard
                                                where all outdoor activities occur (and the proposed use area),
                                                are surrounded by the accommodation, which is constructed
                                                from tilt panel (150mm thick concrete). This provides a significant
                                                high standard acoustic barrier between the use of the
                                                courtyard and the surrounding residential properties. Any noise
                                                which may occur is managed by the on site manager caring for
                                                the guests.
                                                Further, a primary submitter against the original development
                                                has provided a letter of support for this ‘other change’ which
                                                highlights the operation has successfully integrated into the
                                                resort and its operations to successfully manage guests.
                                                An Acoustic report is provided as part of the application
                                                documentation. The Acoustic Report prepared by Live It
                                                Acoustics finds that the operation complies with all the
                                                conditions of the approval and relevant standards.




     RG Strategic                      Planning Report – Other Change Application                          9

Page 11

 Carparking

A Carpark Circulation Count over a period of 7 days (Monday 13th February to Sunday 19th February) was
undertaken by the hostel operator and is enclosed as Appendix B. Whilst the occupancy of the hostel
during this period was on average 95% full (peaks of 100%), as demonstrated in the Carpark Circulation
Count, the hostel basement carpark remains primarily vacant over this period. The operator has provided
time and date stamped video stills taken from the basement carpark security camera in the AM and PM
for each day of the count period (13/2/2023-19/2/2023).

The basement provides car parking for 14 vehicles and 4 scooter/motorcycles. As illustrated in the
basement video stills, over the period of the hostel at an average of 95% occupancy, there is an average
of 2 to 5 vehicles/scooters parked in the basement carpark. Over the 14-day count period, with 1 exception
Saturday 18th February, there remains in excess of 10 spaces available for guest parking within the
basement.

The Carpark Circulation Count (Appendix B) demonstrates that the existing car parking provisions are
sufficient and exceed the current car parking demands of the use, including the demand generated by
external guests generated by the proposed Food and Drink Outlet Use (currently operating under a
Temporary Use Permit).

The following Table 2 provides a car parking analysis and assessment.




 Table 2 - Car parking


                     Car parking rate                                                 Assessment

 Food and Drink Outlet                                     The proposal provides 3 car spaces and 3 motorcycle
 1 space per 20m² of use area.                             space on-street for the Use.
 It is estimated that at any given time a maximum of       Prior to the current use commencing the site had been
 80m² of the Bounce facilities may be used by external     a transport deport, fuel depot, repairs shop and as
 guests associated with the Food and Drink Outlet.         such provided no on street carparking as the front
 Required spaces.                                          kerbing was open to allow access for delivery vehicles.
 4 spaces                                                  The formalisation of the kerb and channel for this
                                                           current development provided Council with the
                                                           abovementioned additional car parking spaces to
                                                           those who have never previously existing, It would be
                                                           reasonable to expect credit for construction and
                                                           provision of on street car parking that had never
                                                           existed.
                                                           The 0.25 of space deficiency can be offset by, given its
                                                           central location to all amenities and PT, attributing that
                                                           some patrons walk or catch buses (free on weekends
                                                           and peak periods).
                                                           Council on many occasions around the Shire, has
                                                           included on-street car parking provided by the
                                                           development to be included in the car parking


      RG Strategic                       Planning Report – Other Change Application                         10

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                                                         calculation. Noting the following developments has
                                                         undertaken this:
                                                              • Multiple dwelling – Bottlebrush Ave Noosa
                                                                   MCU21/0133
                                                              • Steven Kidd development – 20-22 Duke Street,
                                                                   Sunshine Beach
                                                              • Multiple Dwelling – Gympie Terrace, Noosaville
                                                              •    Retail commercial – 32-34 Maple Street
                                                                   Cooroy MCU17/0530
                                                         The use has been operating for the past 12 months with
                                                         the car parking on site and in the front of the
                                                         development without any adverse impacts on the
                                                         traffic in Mary Street or the surrounding residents. The
                                                         resort management also indicates that the basement
                                                         car parking is rarely fully utilised as visitors are
                                                         accommodated with public and active transport
                                                         options.
                                                         It is considered the proposal provides sufficient car
                                                         parking on site and in the street for the intended use,
                                                         and this is demonstrated by the Carpark Circulation
                                                         Count enclosed as Appendix B.


5.2   Other Change


The proposal does not meet the minor change test and as such is submitted as an other change.




      RG Strategic                     Planning Report – Other Change Application                       11

Page 13

6.   Conclusions

The proposal is inconsistent in the zone but fully complies with all the relevant criteria set out in the
Planning Scheme.

The use is in a centrally located courtyard surrounded by 150mm thick concrete walls which provides
a high value acoustic barrier to contain any noise created by the uses.

The proposal simply seeks approval to operate as the resort has done for the past 12 months under
the Temporary Use Permit. It is considered this report and the operators have demonstrated that
the inclusion of non-staying guests onto the premises, does not negatively impact on the
surrounding resident’s amenity. To the Bounce managements credit, the primary submitter against
the original development has provided a letter of support (lives to the rear of the site) for this other
change application.

Car parking fully complies with the code, as 3 car spaces and 3 motorcycle spaces were provided
as a result of the original development but were not attributed to the car parking calculation. These
spaces are now included and equate to the necessary number of spaces required for the use, as if
it were a standalone use. Notwithstanding this, the Carpark Circulation Count provided clearly
shows that over a 7 day period with occupancies between 90 – 100%, 6 days out of 7 there was at
least 6 vacant car parking spaces available for use, which were surplus to current requirements and
uses.

The proposed Other Change is recommended for approval on the following grounds:

     •   The resort has been operating as a Food and Drink Outlet under the Temporary Use Permit
         for more than 12 months.

     •   The resort has demonstrated it can operate with non-staying guests onsite consuming food
         and drinks without any negative amenity impacts to surrounding residential uses.

     •   Existing kitchen and café facilities are used.

     •   Existing conditions of approval provide sufficient regulatory controls if the management
         were to change.

     •   Car parking is provided by the original development with 3 car spaces and 3 motorcycle
         spaces provided on-street directly in front of the development. Noting these spaces were
         not attributed to the parking calculation of the original development but are now sought to
         be used.

     •   Basement car parking is significantly underutilised and could be used for patrons if needed.

We look forward to Council processing the application at its earliest convenience. Should you
require any additional information or have any queries please to not hesitate to contact us.




RG Strategic                         Planning Report – Other Change Application                        12

Page 14

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