Council Report MCU21 0027.01

MCU21/0027.01 & OPW21/0047.01 – other change to a development approval for multiple Dwelling & Operational works to include short-term accommodation at 30 & 32 James Street, Noosaville

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/ Application/ MCU21/0027.01/ OPW21/0047.01

Attachments	Nil

APPLICATION DETAILS
Applicant	HRS Developments Pty Ltd Tte
Proposal	Other Change to a Development Approval for a Material Change of Use for Multiple Dwellings (4 Units) and Operational Works (Stormwater, drainage works, earthworks and landscaping) to include short-term accommodation
Properly Made Date	1 October 2021
Information Request Date	21 December 2022
Information Response Date	3 June 2022
Decision Due Date	23 August 2022
Number of Submissions	2

PROPERTY DETAILS
Property Address	32 & 32 James Street, Noosaville Qld 4566
RP Description	Lots 3 & 4 RP 72986
Land Area	1,966m2
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils Flood Hazard Overlay
Assessment Type	Other Change
executive summary
The proposal seeks approval to utilise unit one of four approved Multiple Dwelling units for short-term accommodation for up to six persons within 3 bedrooms.
The application is recommended for refusal as the proposal will further erode the permanent housing in the area and there is no need for additional accommodation for visitors to the area. The proposal is contrary to the scheme’s requirements to maintain the area as predominantly home to permanent residents and the use is not proposed within a well-established resort or holiday units, does not satisfy carparking requirements and has the potential to impact on the amenity of permanent residents.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 9 August 2022 regarding Application No. MCU21/0027.01 & OPW21/0047.01 for an Other Change to a Development Approval for Material Change of Use for Multiple Dwellings and Operational Work (Stormwater, drainage works, earthworks and landscaping) to include short-term accommodation, situated at 30 & 32 James Street, Noosaville and:
A.	Refuse the application for the following reasons:
The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further erode the permanent housing in the area, impacting permanent resident amenity.
The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and (h) of the Medium Density Residential Zone Code as:
The proposal is located in an area that has a substantial number of properties being used for visitor accommodation and/or properties permitted for visitor accommodation. The introduction of additional short-term accommodation within a unit complex is not consistent with the purpose of the zone.
The proposal seeks to establish a new short-term visitor accommodation facility within a recently approved multiple units development and is not located within a well-established resort or holiday units.
The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and Performance Outcome PO21 of the Noosaville Local Plan Code as:
Additional visitor accommodation in the area is likely to result in detrimental impacts on the residential amenity of permanent residents.
While the code seeks to maintain visitor accommodation in the area, it does not seek to increase the extent of visitor accommodation within the area to the detriment of permanent residents.
The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code as:
The proposed visitor accommodation is not appropriately located and integrated with permanent residents in the area given the number and density of properties currently being used for visitor accommodation and/or permitted for visitor accommodation.
The proposed visitor accommodation is likely to detract from the amenity enjoyed by residents.
5.	There is no need for additional short-term accommodation in the area.
6.	The proposal does not comply with Performance Outcome PO12 of the Visitor Accommodation Code and Performance Outcome PO6 of the Driveway and  Parking Code as insufficient car parking is proposed on site to address the likely parking demands.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant proposes an Other Change to the current approval to enable Unit 1 of a Multiple Dwelling (4 Units) to be used for short-term accommodation. No changes are proposed to the built form of the building, with all parts of Unit 1 to be available for the proposed use. The unit comprises 3 bedrooms and a maximum of 6 persons are proposed to be accommodated. The applicant advises that the short-term accommodation will:
Utilise a local property manager to oversee letting, management and maintenance of the premises.
Prepare a code of conduct and management agreement for all guests utilising the premises for short-term accommodation.
Require all guests to sign the agreement and terms of rental.
Ensure the double garage will be available for car parking for guests.
Provide designated bin areas on site for the use.
Ensure that no events, weddings, parties or the like will occur on the premises.
The applicant also submits:
No changes are proposed to the approved building.
The pool area and associated terrace area are located at the front of the site and are appropriately screened to surrounding properties.
The property is proposed to be fully fenced and landscaped.
The adjoining premises to the east and south comprise unit developments.
The site has been used for holiday/short-term accommodation.
The site is close proximity to the recreation areas of the Noosa River foreshore.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
The following development approvals were issued for the site on 4 September 2017:
MCU21/0027– Multiple Dwellings x 4
OPW21/0047– Operational Work (Stormwater, drainage works, earthworks and landscaping)
The development has proceeded to the next phase of design and development with the applicant now seeking approval to change the approval
Site Description
The subject site is described as 32 & 30 James Street and has a combine area of 1966m2.   The site is recently cleared of the previous buildings as earthworks has commenced.
Surrounding Land Uses
The site is located in a residential area, which is characterised by one and two storey multi – unit residential development. The following development adjoins the site:
Northern boundary – single storey dwelling and two storey unit complex
Southern boundary – two storey unit complex
East boundary – two storey unit complex – Mango Terrace and Bora Blue
West (opposite the site) – residential dwelling units
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;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
Strategic Framework
The Noosa Plan 2020 includes Strategic Outcomes which seek to protect neighbourhoods of permanent housing from short-term visitor accommodation that would impact on the amenity enjoyed by residents.  The planning scheme also seeks to protect areas for visitor accommodation with a range of accommodation styles envisaged to support the local tourism industry.
The subject site is not located in a designated visitor accommodation area being zoned Medium Density Residential.  The area is also dominated by sites developed for multiple dwelling units and duplex dwellings that have been typically predominantly used for visitor accommodation, particularly those properties in proximity to the Noosa River and Gympie Terrace. Properties setback further from Noosa River and Gympie Terrace have been mostly used by permanent residents.
Code Provisions
The subject site is located in the Noosaville Local Plan Area and is zoned Medium Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow an impact assessable application process.
The Medium Density Residential Zone Code, the Noosaville Local Plan Code and the Visitor Accommodation Code all include provisions, which address the potential impacts of short-term accommodation. The relevant provisions are:
Medium Density Residential Zone Code
Purpose and Overall Outcomes
(a)	Medium density residential neighbourhoods are predominantly home to permanent residents.
(b)	The character of medium density residential neighbourhoods varies due to factors such as proximity to beaches, the Noosa River, recreation spaces, centres, topography, availability of views, the established vegetated character, the presence of visitor accommodation and the age of development
(h)	Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
6.3.2.3	Assessment Criteria
Role and function
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 scale of the use and its compatibility with the character and uses within the property or surrounding area; retention of the primary residential function of an area; the residential function and arrangement of common property; the impact on the safety and efficiency of the local road network; the impact of waste storage areas on the visual amenity of the area; the location of waste storage areas in relation to sensitive land uses; 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.
Noosaville Local Plan Code
7.2.4.2	Purpose and Overall Outcomes
(f)	The Noosaville local plan area maintains its roles for both the provision of much of the commercial, retail, administrative, industrial and social needs of the coastal urban portion of Noosa Shire and as a major focus area for visitor accommodation and services (s) 	Development in the Medium Density and High Density Housing zones accommodates a greater diversity in housing types including dual occupancies, multiple dwellings, retirement facilities and residential care facilities.
(t)	Development ensures permanent residents of Noosaville enjoy high levels of residential amenity and accessibility to urban services and recreational opportunities
(y) 	Development in the Tourist accommodation zone is for visitor accommodation and associated uses that serve visitors to preserve and support the role of Noosaville as a tourism focus area.
7.2.4.3	Assessment Criteria
Development in the Noosaville Local Plan Area generally (All Zones)
PO1
Development enhances the role of Noosaville as a major focus for visitor accommodation and services in Noosa Shire with high levels of accessibility to outdoor recreational pursuits and urban services.
Visitor Facilities
PO20
Development in the Tourist Accommodation zone and other resort complexes provide visitor accommodation into the future to preserve and support the role of Noosaville as a tourism focus area.
PO21
A range of visitor accommodation including low cost and family friendly short-term accommodation and tourist park accommodation, including the Noosa River Caravan Park at Russell Street is maintained.
Visitor Accommodation Code
9.3.5.2	Purpose and Overall Outcomes
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.
The overall outcomes sought for the Visitor Accommodation Code are:
Visitor accommodation is compatible with and benefits from Noosa Shire’s natural environmental values.
Visitor accommodation offers a wide range of experiences for guests both in coastal areas and in the hinterland.
Visitor accommodation is located and designed in a manner which sensitively responds to site characteristics.
Visitor accommodation does not detrimentally impact upon the biodiversity and natural landscape values of its setting.
The density and design of visitor accommodation integrates with the urban or landscape fabric of its particular locality.
Visitor accommodation located near permanent residents does not detract from the amenity enjoyed by residents.
Visitor accommodation does not impact on the ability of rural land owners to carry out agricultural pursuits.
Visitor accommodation provides high quality amenities and facilities commensurate with its setting, the types of accommodation supplied and the length of stay accommodated.
Visitor accommodation forms a key element of the local tourism industry.
Visitor accommodation provides for a wide range of visitors.
9.3.5.3	Criteria for assessment
Safety and amenity	
PO12 Sufficient on-site car parking is provided to accommodate the number and type of vehicles likely to be generated by the visitor accommodation having regard to the number of guests, staff or visitors.
The planning scheme prioritises the preservation of medium density residential neighbourhoods for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation. The scheme further details that the Tourist Accommodation zone is intended to provide for short-term accommodation.
The site is located in an area of Medium Density Residential zoned land that is located in a neighbourhood area identified in figure 6 below, which is surrounded by visitor accommodation to the north and commercial areas to the south.

Figure 5: Zonings and neighbourhood area
An analysis of properties being used for short-term accommodation was undertaken in April 2020 and is detailed in Figure 7 below for the area. This mapping indicates that the area has a substantial number of premises that were being used for short-term accommodation. Council data identifies that 27% of residential rated dwellings in Noosaville were being used for short-term accommodation (including bed and breakfast) as of April 2020. It is acknowledged that other approvals issued in the area permit their use for short-term accommodation, specifically being:
Multiple dwelling approvals issued prior to the 2006 planning scheme;
Superseded planning scheme requests to use dwellings within the Low Density Residential Zone; and
Approvals under the Noosa Plan 2020

Figure 6: Area 1 – Short-term accommodation
The proposal for an additional short-term accommodation use, within an area that is already predominantly characterised by short-term accommodation does not comply with Purpose and Overall Outcome (a) of the Medium Density Residential Zone Code. In addition, as the proposal is for the use to establish within a new dwelling unit, it does not comply with Purpose and Overall Outcome (h) of the Medium Density Residential Zone Code, which seeks to ensure Short-term visitor accommodation is predominately provided through well-established resorts and holiday units.
The proposal does not comply with the Purpose and Overall Outcome (2)(t) and Performance Outcome PO21 of the Noosaville Local Plan Code, as while the Code seeks to maintain Noosaville’s role for visitors, it does not seek to increase visitor accommodation in the area and increasing visitor accommodation in the area is likely to further impact on the amenity of permanent residents in the area and further degrade the available housing supply for permanent residents.
The proposal is also not consistent with Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code, as the proposed visitor accommodation is not appropriately located and will detract from permanent residents’ amenity. There is also no need for additional visitor accommodation in the area, and the extent of visitor accommodation does not integrate well with permanent residents in the area and dominates the area.
Carparking and Driveways Code
The Driveways and Parking Code requires the short-term accommodation to provide two spaces per dwelling and one space per four dwellings for the use, resulting in a total of 3 spaces for Unit 1. The proposal provides two spaces for Unit 1 within the existing lock up garage with a visitor space that is available for visitors to the site.   The provision of the visitor space is not for the exclusive use of Unit 1 and is located adjacent to Unit 4 at the opposite end of the complex.  The use is not considered appropriate as it creates potential conflict with multiple dwelling uses onsite.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. Two (2) properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Amenity This proposal will impact residential amenity due to the associated noise, lighting and parking “It is a business that detrimentally affects residential amenity for noise, lighting and parking and these negatives can occur 24 hours a day, 7 days a week”. James St is a narrow street with limited on-street parking	The noise could be regulated with the code of conduct and property management conditions. Outdoor entertainment areas could be restricted to minimise noise at night.  No additional lighting is expected / proposed to that which currently exists onsite. Parking comprises a double garage, however, does not provide the exclusive use of a 3rd space required under the scheme provisions. Therefore, it is agreed that onsite carparking is considered to be insufficient, for the proposed use which may have impacts on James Street.
Short-term accommodation limits the number of properties available for long term rental. Creating lack of affordable housing for workers.	Agreed – the locality contains an extensive number of properties that are being used for the purpose of short-term accommodation
conclusion & REASONS FOR DECISION
The application seeks to use one unit of with the proposed 4 unit complex, situated within the Medium Density Residential Zone, for the purpose of short-term accommodation. The planning scheme seeks to prioritise the preservation of medium density residential neighbourhoods for predominantly permanent residential dwellings and seeks to protect the amenity of surrounding residential areas from the impacts of short-term accommodation. The proposal is located in a neighbourhood area that is well serviced with short-term accommodation with some properties being used for visitor accommodation and/or properties permitted for visitor accommodation. The introduction of additional short-term accommodation is not consistent with the purpose of the zone. Additional visitor accommodation is not needed in the area and is likely to further erode the residential amenity for permanent residents in the area. The proposal also does not provide sufficient on site carparking suitable for the use and accordingly, the application is recommended for refusal.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	09 AUGUST 2022

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APPROVED PLAN
icu21/0027 & OPW21/0047
40 JUN 2021

  

 

 

 

 

 

 

 

 


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