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planning report 51 Tingira Cr_Davy

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        Development Application
            Planning Report
Short Term Accommodation situated at 51Tingira Cres,
                Sunrise Beach
              (Lot 49 RP126837)




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Contents
1.0      Summary ......................................................................................................................... 3
  1.1       Development application details ............................................................................................. 3
  1.2       Planning instrument details ..................................................................................................... 3
  1.3       Referral agencies ..................................................................................................................... 3
2.0      Site details ....................................................................................................................... 4
  2.1       Site description ....................................................................................................................... 4
  2.2       Surrounding land uses ............................................................................................................. 5
3.0      Proposed development details ......................................................................................... 5
4.0      Planning assessment ........................................................................................................ 6
  4.1       Strategic Framework ............................................................................................................... 6
  4.2       Coastal Communities Local Plan Code ...................................................................................... 6
  4.3       Medium Density Residential Zone Code ................................................................................... 7
  4.4       Visitor Accommodation Code................................................................................................... 9
5.0      State assessment and other matters .............................................................................. 10
  5.1    State interests ....................................................................................................................... 10
    5.1.1 Matters established in the Planning Regulation ............................................................................ 10
    5.1.2 State Planning Policy ...................................................................................................................... 10
6.0      Conclusion ..................................................................................................................... 10


Client Name:         J Davy
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:             1
Date:                7 May 2021



This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




                                                                                                                                        Page 2 of 10

Page 3

1.0 Summary

1.1 Development application details
 Proposed development:        Short Term Accommodation
 Type of approval sought:     Development Permit for material change of use
 Site address:                51 Tingira Cres, Sunrise Beach
 Real property description:   Lot 49 RP126837
 Site area:                   658m2
 Assessment manager:          Noosa Council
 Owner details:               Jane Davy
 Applicant details:           Jane Davy c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:       State Planning Policy 2017
 Regional plan:               SEQ Regional Plan 2009–2031 Urban footprint designation.
 Designation:
 Planning scheme:             The Noosa Plan 2020
 Zone:                        Medium Density Residential zone
 Level of assessment:         Impact
 Applicable overlays:         N/A
 Applicable codes:            Coastal Communities Local Plan Code
                              Medium Density Residential Zone Code
                              Low Density Housing Code
                              Visitor Accommodation Code
                              Works codes


1.3 Referral agencies

Nil




                                                                               Page 3 of 10

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site                                                                   Description
 characteristic

 Existing land use           Existing Dwelling house

 Frontage and                Approximately 20m of frontage to Tingira Cres and 28.5m to Sobraon Street.
 access                      Car parking access via Sobraon Street.

 Topography and              The site is generally level sitting higher than the road with a northern aspect
 views                       and significant views to Sunrise and Sunshine Beaches and Noosa National
                             Park.

 Existing Approval           Accepted development subject to requirements for a Detached house under
                             the superseded planning scheme




Figure 1 - Aerial View and site identification. Site shaded in green. Source: Noosa DA mapping




Figure 2 - Aerial view. Source: Noosa Council DA mapping


                                                                                                 Page 4 of 10

Page 5

2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

                The site is located in an enclave type area consisting mostly of residential units such
                as duplexes and multiple dwelling/multiple housing all approved and constructed
                under superseded planning schemes. Beach front houses exist to the eastern side
                of Tingira Cr close to the subject site. The subject dwelling is on the southwest
                corner of the Sobraon St and Tingira Cr intersection and overlooks the roofs of
                dwelling/units on the lower side of Tingira Cr. Further afield, views are to the gully
                leading to the coastal dune system and to the beach. The property affords
                breathtaking views to the east, north east and to the west.
                The surrounding area consists of a mix of short term accommodation and permanent
                residential uses, both of which are consistent uses in the Medium Density
                Residential zone. The beach front dwelling houses mostly have development
                approvals which protects the use rights of those houses to be used for STA. The
                subject site is in close proximity (1 minute walk) to Sunrise beach and close to the
                patrolled area of that beach. The local Chalet & Co café and shop is a short walk.



3.0 Proposed development details
Table 3: Summary of development aspects
 Material change of use (No changes to built form)
 Bedrooms                                    4 bedrooms (or 3 beds and study??)

 Gross floor area (GFA)                      221m² (approx.)

 Car parking                                 2 car spaces plus 2 car spaces in tandem on the
                                             driveway


The application proposes to use the existing dwelling house for short term accommodation. No
changes are proposed, with a copy of the existing building included below:




Figure 3 - Floor plans



                                                                                               Page 5 of 10

Page 6

The following features relating to the management of the short-term accommodation are proposed:

   -   Maximum of 8 guests only within the four bedrooms.
   -   A local property manager will oversee the letting, management and maintenance.
   -   A code of conduct is to be developed for all guests.
   -   A local contact person must respond to complaints within an allotted timeframe.
   -   Two covered car parking spaces and 2 uncovered spaces are available for guests on site.
   -   No parties or events are to occur on the premises.
   -   Restrict the use of outdoor areas after 9pm.


4.0 Planning assessment

4.1 Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes that seek neighbourhoods are protected from
short term visitor accommodation that would negatively impact on their amenity. However, the
planning scheme also protects areas for visitor accommodation with a range of accommodation
styles envisaged to support the local tourism industry.

The strategic intent is to limit visitor accommodation in traditional residential neighbourhoods of
detached dwellings, but allow it in areas zoned for unit developments and located generally closer
to centres, facilities and services. The proposal is located a short walk from the local popular Chalet
& Co café/shop, the beach is a 1 minute walk (50m). Furthermore, the subject dwelling is a brief
drive to Sunshine beach local village, Sunrise shops, the NAC, and Noosa Junction where all
services are provided. The proposed short term accommodation supports Noosa’s tourism industry
and provides an alternative form of visitor accommodation to resorts or motels.

The proposal is consistent with the Strategic Framework as it is located within a unit area, close to
the beach and the local café Chalet & Co and services at Sunshine Beach, Sunrise shops and Noosa
Junction.

4.2 Coastal Communities Local Plan Code
The Overall Outcomes of the local plan code seek development in Sunrise Beach provides for a high
proportion of detached houses and multi-unit accommodation for permanent residents and therefore
offers support for some portion to be visitor accommodation. There is potential conflict between
provisions as STA is a consistent use in the medium density residential zone and it is difficult to
regulate the portion of STA to permanent uses in an area.

It is also important to consider that Sunrise Beach accommodates a significant Low Density
Residential zoned area on the western side of David Low Way. This area is primarily dwelling houses
for permanent residents and significantly different in character to the eastern side of David Low Way,
which is a beach side enclave with a mix of visitor and permanent residential uses. The subject site
is on the east side of David Low Way within this beach side community consisting mostly of units
and some dwelling houses where many are holiday let which, the proposal will complement and add
to the character of this area.

The dwelling is delivering visitor accommodation the Local Plan Code allows for in Sunrise Beach.
It is in close proximity to services and other existing visitor accommodation, consistent with the
character of the eastern side of David Low Way complying with Performance Outcome 14 and 15 of
the Local Plan Code.




                                                                                             Page 6 of 10

Page 7

4.3 Medium Density Residential Zone Code
Performance Outcome O6 describes Short Term Accommodation and is reproduced below:

   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:

       a) the privacy of residents on the subject property or adjoining properties;
       b) any likely increase in noise to adjoining properties;
       c) the scale of the use and its compatibility with the character and uses within the property or
          surrounding area;
       d) retention of the primary residential function of an area;
       e) the residential function and arrangement of common property;
       f) the impact on the safety and efficiency of the local road network;
       g) the impact of waste storage areas on the visual amenity of the area or sensitive land uses;
       h) the location of the waste storage in relation to sensitive land uses; and
       i) any impact on shared vehicular access or parking.

The site is surrounded by existing two storey units and beach front dwelling houses of which many
are let for visitor accommodation. This part of Sunrise Beach is a well-known holiday destination and
has a general mix of permanent and visitor accommodation given its ideal location near the beach,
and close to all services. The proposed use adds to character of Sunrise Beach and is compatible
and consistent with uses in the area. The dwelling is not proposed to be a party house and stringent
management will control the short-term use to ensure the privacy of permanent residents in the
surrounding area.

The dwellings design ensures privacy between neighbours as the main living and outdoor dining
areas orientate to the north overlooking the beach, away from the adjoining uses. It is also noted
that the adjoining units to the east have a masonry wall for the full length of their western elevation.
The subject layout has only bedrooms along this elevation except for the lounge and a part of the
balcony to the Tingira Cr side of the subject dwelling. This wall significantly reduces any potential
impacts of any noise that may emanate from the dwelling. Figure 5 below shows the neighbouring
blank wall from the street and from the subject balcony on the second image.




                                                                                              Page 7 of 10

Page 8

Figure 4 – Top image view from the street and below, view from the subject balcony and lounge area to the solid wall on the
neighbouring property.

In all other directions facing neighbours, bedrooms and bathrooms exist which are unlikely to
contribute to noise emanating from the site. Importantly, specific requirements will be built in to a
‘code of conduct’ and provided to all users and occupants to regulate amenity, waste, vehicles,
guests and pets. Two covered car spaces and 2 spaces in tandem are provided onsite, more than
the code requires.

Short term accommodation is typical surrounding the proposal and is consistent with the character
of this part of Sunrise Beach. The use of the premises will not impact on the function or amenity of
any of the surrounding uses.

In accordance with recent approvals for Short Term Accommodation, the property manager will
ensure a local contact person responds to complaints within an allotted timeframe and a record is
kept of all complaints and their resolution. The property will also be required to register for any Local
Law for short stay letting (currently draft) the Council implements.

                                                                                                             Page 8 of 10

Page 9

4.4 Visitor Accommodation Code
The specific Purpose and Overall Outcomes are reproduced below:

       (1) The purpose of the Visitor Accommodation code is to ensure visitor accommodation is appropriately
       located, designed and operated in a manner which meets visitor needs, protects and enhances
       landscape values, protects the amenity of surrounding premises and avoids conflicts with surrounding
       uses.
       (2) The overall outcomes sought for the Visitor Accommodation Code are:
                (a) Visitor accommodation is compatible with and benefits from Noosa Shire’s natural
                environmental values.
                (b) Visitor accommodation offers a wide range of experiences for guests both in coastal areas
                and in the hinterland.
                (c) Visitor accommodation is located and designed in a manner which sensitively responds to
                site characteristics.
                (d) Visitor accommodation does not detrimentally impact upon the biodiversity and natural
                landscape values of its setting.
                (e) The density and design of visitor accommodation integrates with the urban or landscape
                fabric of its particular locality.
                (f) Visitor accommodation located near permanent residents does not detract from the amenity
                enjoyed by residents.
                (g) Visitor accommodation does not impact on the ability of rural land owners to carry out
                agricultural pursuits.
                (h) Visitor accommodation provides high quality amenities and facilities commensurate with
                its setting, the types of accommodation supplied and the length of stay accommodated.
                (i) Visitor accommodation forms a key element of the local tourism industry.
                (j) Visitor accommodation provides for a wide range of visitors.

The site is located within an area consisting of short-term accommodation and is more than 100m
from any educational or childcare centres, and is not considered to conflict with nearby land uses
but is complementary and consistent with the character of this area of Sunrise Beach. Sufficient
carparking is also provided to accommodate 4 cars, provided in the form of a double garage and
tandem parking accessed from Sobraon Street.

The dwelling also includes high end finishes with dining, kitchen and laundry facilities to
accommodate the needs of visitors in an appropriate location close to beaches and a cafe, consistent
with the Outcomes of the code.




                                                                                                 Page 9 of 10

Page 10

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil – Outside the Koala Assessable Development Area.

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not affected by the provisions.

6.0 Conclusion
This application seeks Short Term Accommodation within an existing dwelling house situated at 51
Tingira Crescent, Sunrise Beach. The proposal is a consistent use in the Medium Density Residential
Zone and is required to follow an impact assessment process.

In accordance with S45 of The Planning Act 2016 an Impact assessment application must be
assessed against the assessment benchmarks (Noosa Plan 2020), and other relevant matters (i.e.
planning need, changed circumstances).

The assessment finds the proposal meets the relevant Acceptable and Performance Outcomes of
the Noosa Plan 2020, and the consistent use does not require an assessment against other relevant
matters. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.




                                                                                         Page 10 of 10

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