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Submission to Council re Material Change of Use 2 Nola, Noosaville

Attached to the e-mail PM Submission - Debra & Brendan Pearce - MCU19/0119.02 and OPW19/0216.02.

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THIRD PARTY SUBMISSION/OBJECTION TO APPICATION FOR MATERIL CHANGE OF USE

PROPERTY ID:             136679
                         2 Nola Street
                         Noosaville Q 4566
                         Lot 1, RP 142848

APPLICATION:             Material Change of Use to Short Term Accommodation

APPLICANT:               Hunter Hopkins Project 5 Pty Ltd

CONSULTANT:              Martoo Consulting Pty Ltd
_____________________________________________________________________________________
TRANSPARENCY:
Review of the application submitted to Noosa Council shows it being made by Hunter Hopkins Project 5
Pty Ltd the developers of Nola Residences, therefore it is not unreasonable to assume that this was the
intended use of the property from the outset. This being the case the intended use should have been
made known publicly during the Development Application phase so that interested parties could submit
an objection at that point in time. The general public and buyers of the other 4 residences in the
development have been deprived of this opportunity to object prior to development approval and given
it is not beyond the realms of possibility that other owners could be from interstate it is quite possible
that they will not have seen the public notice re this Application.

The public notice displayed at the construction site is not a true representation of what has actually been
submitted to Noosa Council. It indicates that the townhouse on the corner of Nola Street and The
Cockleshell is the property that the application applies too and not the two duplexes identified in the
application therefore misrepresenting and misleading any interested parties with regard to the scope and
intent of the application.




MATERIAL CHANGE OF USE:
The current zoning for this site as medium density residential was presumably made to ensure that
permanent Noosa residents can enjoy the benefits that this affords them. The potential impact on
surrounding residents’ rights to a quiet and peaceful enjoyment of their properties would be significantly
impacted if this application is approved. Short-term letting is notorious for large gatherings of individuals
celebrating a variety of events and causing public disruption. Whilst the application states that:

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THIRD PARTY SUBMISSION/OBJECTION TO APPICATION FOR MATERIL CHANGE OF USE

    •   “They will utilise a local property manager to oversee letting, management and maintenance of
        the premises”; in accordance with the Proposed Local Law – Short Stay Letting or Home Hosted
        Accommodation (Revised) that is currently out for comment, this offers no comfort to neighbours
        particularly out of business hours when getting a response within the nominated 30 minutes, or
        any timeframe after dark, is highly unlikely.
    •   The requirement to sign a Code of Conduct and Management Agreement for all Guests suggests
        that there is the potential for unacceptable behaviour. Evidence would show that merely signing
        such a document does not curtail disruptive behaviour.
    •   It is noted on the plans that there is just the one single driveway that widens to allow access to
        both garages with any parking on the driveway appearing to only provide enough space for one
        additional vehicle behind the garage doors without obstructing the neighbouring garage. It is
        quite foreseeable that there will be increased congestion on the street outside. Nola Street is a
        short cul de sac where residents already encounter driveways being blocked, cars parking on
        corners obstructing views and creating unsafe traffic conditions.




The claim that – The use of the site for short term accommodation provides visitor accommodation for the
area in a building form that is characteristic of the area” is immaterial. Short term tenants of less than 3
months and not likely to place much stead in the building design.

SUMMARY:
   1. Due to the inaccurate image and floor plan depicted in the Public Notice this Application should
      be null and void or as a minimum the consultation period extended with accurate representation
      of what is being covered in the Application for informed public opinion to be made.
   2. The approval of this application will impact the surrounding permanent residents’ rights to the
      quite and peaceful enjoyment of their properties.
   3. Approval of this Application will undoubtedly cause more traffic congestion and contribute further
      to the constant traffic safety concerns.
   4. Given the potential impacts there is no valid reason to approve this Application when there is
      already a large amount of short term and holiday accommodation in the area that is available to
      travellers and tourists.

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