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Planning report 2021 other change
proposal report development application Development Permit for an Other change to Development Approval MCU19/00119.01 and OPW19/0216.01 for Short Term Accommodation over Lot 1 on RP142848 and located at Units 1 and 2/ 2 Nola Street, Noosaville Prepared For: Hunter Hopkins Project 5 Pty Ltd Date: January 2021
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proposal report
Prepared by:
Martoo Consulting Pty Ltd
13/6 Bottlebrush Ave, Noosa Heads Q 4567 PO Box 1684, Noosa Heads Q 4567
T +61 7 5447 2550
38 Nash Street, Gympie Q 4570 PO Box 391, Gympie Q 4570
T +61 7 5482 7440
© Martoo Consulting Pty Ltd 2017
The information contained in this document produced by Martoo Consulting Pty Ltd is solely for the use of the Client identified on the
cover sheet for the purpose for which it has been prepared and Martoo Consulting Pty Ltd undertakes no duty to, or accepts any
responsibility to, any third party who may rely upon this document.
All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or
transmitted in any form without the written permission of Martoo Consulting Pty Ltd.
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Contents
1.0 Summary ......................................................................................................................... 4
1.1 Development application details ............................................................................................. 4
1.2 Planning instrument details ..................................................................................................... 4
1.3 Referral agencies ..................................................................................................................... 4
2.0 Site details ....................................................................................................................... 5
2.1 Site description ....................................................................................................................... 5
2.2 Surrounding land uses ............................................................................................................. 6
3.0 Proposed development details ......................................................................................... 7
4.0 Planning assessment ........................................................................................................ 8
4.1 Other Change………………………………………………………………………………………………………………………….…8
4.2 Noosa Plan……………………………………………………………………………………………………………………………….…8
5.0 State assessment and other matters .............................................................................. 12
5.1 State interests ....................................................................................................................... 12
6.0 Conclusion .................................................................................................................... 13
7.0 Appendices ................................................................................................................... 14
Appendix A Proposal Plans
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1.0 Summary
1.1 Development application details
Proposed development: Duplex Dwelling and Short Term Accommodation
Type of approval sought: Other Change to Development Permit MCU19/0119.01 and
OPW19/0216.01
Site address: 2 Nola Street, Noosaville Qld 4566
Real property description: Lot 1 on RP142484
Site area: 687.67m2
Assessment manager: Noosa Council
Owner details: Hunter Hopkins Project 5 Pty Ltd ATF Hunter Hopkins
Applicant details: Hunter Hopkins Project 5 Pty Ltd ATF Hunter Hopkins
1.2 Planning instrument details
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
2014)
Designation: Urban Footprint
Planning scheme: Noosa Plan 2020
Zone: Medium Density Residential zone
Local plan: Noosaville Local Plan
Level of assessment: Impact
Applicable overlays: Acid Sulfate Soils
Flood Hazard
Applicable codes: The Planning Scheme
1.3 Referral agencies
There are no applicable referral agencies for the proposal.
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2.0 Site details
2.1 Site description
The subject site comprises a rectangular parcel of land located at 2 Nola Street, Noosaville and
described as Lot 1 on RP142848 (to be known as the site). The site is currently being developed
for a two storey dual occupancy in accordance with Council approval MCU19/0119.01 and
OPW19/0216.01.
The subject site is serviced by standard community infrastructure including reticulated water supply
and sewerage, underground telecommunications and overhead electricity supply, bitumen
roadways and kerb and channel.
The site does not have any registered easements however a sewer line extends along the eastern
side boundary and part of the northern rear boundary.
The site is to the best of our knowledge is not known to be contaminated.
Table 1: Site description
Site Description
characteristic
Existing land use Residential
Existing structures Dual Occupancy under construction
Frontage and 20.117 m frontage to Nola Street.
access
Topography and Site relatively level.
views
Figure 1: Aerial view and site identification Source: Noosa Council
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Figure 2: Satellite view and site identification Source: Noosa Council mapping
2.2 Surrounding land uses
The site is located in a residential area that is characterised by a mixture of unit developments
including both visitor and permanent accommodation.
Table 2: Surrounding land uses
Surrounding land uses
North Residential Holiday resort known as Sandy Beach Resort
South Opposite the site - duplex dwelling
East Multiple Dwellings approved for permanent and visitor accommodation under
construction
West Residential Holiday resort known as Coral Beach Noosa Resort.
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3.0 Proposed development details
The applicant proposes to utilise both units for permanent or short term accommodation. No
changes are proposed to the approved building under construction with all parts of the unit to be
available for the proposed use.
The applicant advises that when used for short term accommodation:
They will utilise a local property manager to oversee letting, management and maintenance
of the premises.
They will prepare a code of conduct and management agreement for all guests utilising the
premises for short term accommodation.
All guests will be required to sign the agreement and terms of rental.
The two car garage and associated driveway will be available for carparking for guests.
Designated bin areas are provided on site.
No events, weddings, parties or the like are to occur on the premises.
In support of the proposal the following is noted:
Approval for short term accommodation is sought for both units.
The outdoor deck and pool area are located at the rear of the site and adjoin a landscaped
setback area of the adjoining resort accommodation.
The pool area and associated terrace area are screened by a 1.8m high fence
The second floor terrace off the master bedroom is fully screened for privacy and to
minimise opportunities for overlooking.
The property is proposed to be fully fenced and landscaped.
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4.0 Development Assessment
4.1 Other Change
Discussions with Council staff indicate that the proposed changes are considered to be an Other
Change.The Planning Act states that the local authority is to consider the following in assessing
and deciding other change applications:
82(2) For administering the change application, and assessing and deciding the change
application in the context of the development approval, the relevant provisions apply—
(a) as if—
(i) the responsible entity were the assessment manager; and
(ii) the change application were the original development application, with the changes
included, but was made when the change application was made; and
(b) with necessary changes
The proposed other change is assessed against the current Noosa Plan 2020 below.
4.2 Noosa Plan
The Noosa Plan 2020 defines Short term accommodation as:
a) means the use of premises for
i) providing accommodation of less than three (3) consecutive months to tourists or
travellers; or
ii) a manager’s residence, office, or recreation facilities for the exclusive use of guests,
if the use is ancillary to the use in subparagraph (i); but
b) does not include a hotel, nature-based tourism, resort complex or tourist park
The Noosa Plan includes the site in the Noosaville Local Plan and provides the site with a Medium
Density Residential zoning. The assessment table for the zone indicates that Short Term
Accommodation uses are impact assessable. Impact assessable applications are required to be
assessed against the entire scheme however the most relevant Codes for assessment include:
Noosaville Local Plan Code
Medium Density Residential Zone Code
Visitor Accommodation Code
Works Code
Noosaville Local Plan Code
The proposal has been reviewed against the Noosaville Local Plan Code and is considered to
comply with the Purpose and Overall Outcomes of the Code which include:
(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.
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(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.
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.
Medium Density Residential Zone Code
The proposal has been reviewed against the Medium Density Residential Zone Code and is
considered to comply with the Purpose and Overall Outcomes of the Code which include:
(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.
(c) Development makes a positive contribution to the look and feel of residential
neighbourhoods by maintaining a low scale character with well designed buildings and
landscaping that enhance the streetscape.
(d) New uses are located, designed and managed to be compatible with surrounding uses.
The short term accommodation use is proposed to be located in an approved two storey duplex dwelling
that complements the scale of development in the area.
It is noted that the outcomes of the zone also state:
a) Medium density residential neighbourhoods are predominantly home to permanent
residents.
h) Short-term visitor accommodation is predominately provided through well-established
resorts and holiday units.
The subject site is surrounded by visitor accommodation in the form of resort complexes to the north
and west with the adjoining site to the east currently being developed for units that are approved for
permanent or visitor accommodation. The Islander Resort is located to the east of the site and further
reinforces the visitor accommodation use in the area.
The use of the subject site for visitor accommodation is not considered to prejudice the outcome of the
zone as there are still areas in the locality available for permanent accommodation further to the south of
the site..
A review of the most relevant sections of the code is detailed below:
Performance Outcomes Acceptable Outcomes Proposal Compliance
PO6 AO6.1
Visitor accommodation is limited Home-based businesses allow for up to Not applicable – not a traditional bed and breakfast - host not on
to formats compatible with the four short term guests to be
site.
character and use of the area so as accommodated within the home of the
not to cause unreasonable loss of host while the host remains in residence,
residential amenity, having regard such as traditional bed and breakfast
to: accommodation.
a) the privacy of residents AO6.2 Not a party house. Premises to be used for luxury holiday rental
on the subject property or Short-term accommodation does not: and not to be rented out for parties. Each dwelling unit
adjoining properties; a) constitute a party house; comprises 3 bedrooms and one kitchen area.
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b) any likely increase in b) create noise that would
noise to adjoining properties; unreasonably impact on the The design of the dwelling units provides for a terrace and pool
c) the scale of the use and residential amenity enjoyed by the area to be located to the northern boundary. The pool is setback
its compatibility with the adjoining or surrounding properties.
approximately 2.8m from the boundary and will be fenced to
character and uses within the
maximize privacy. The upper terrace off the main bedroom is
property or surrounding area;
d) retention of the fully screened to minimize opportunities for overlooking.
primary residential function of
AO6.3
an area; Refer above. The units have been designed to maximize the
Buildings are designed and orientated so
e) the residential function northern orientation of the site and provide appropriate
and arrangement of common that the majority of outdoor living areas
setbacks, fencing and landscaping that minimizing potential
property; face away from the habitable areas of
overlooking impacts.
f) the impact on the adjoining dwellings.
safety and efficiency of the
local road network;
Bin area located at front of site and are suitably screened.
g) the impact of waste AO6.4
storage areas on the visual Waste storage areas are screened and
amenity of the area; located to the rear or side of
h) the location of waste a building and are not located along
storage areas in relation to
any frontage to a public street or space.
sensitive land uses; and
i) any impact on shared
vehicular access or parking
Visitor Accommodation Code
The proposal has been reviewed against the Visitor Accommodation Code with the relevant
Performance Outcomes addressed below:
Performance Outcomes Acceptable Outcomes Proposal Compliance
PO22 No acceptable outcome provided Complies – both units are self contained.
Except where in the form of a
serviced apartment
or hotel room the short term
accommodation use is provided
with sufficient kitchen, dining,
laundry and common room
facilities to accommodate the
needs of visitors and resident
staff.
PO25 No acceptable outcome provided Not applicable as not a single dwelling.
Short term accommodation in a
single dwelling 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 impact on the safety
and efficiency of the local
road network;
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f) the impact of waste storage
areas on the visual amenity
of the area or sensitive land
uses; and
g) any impact on shared
vehicular access or parking.
Driveways and Carparking Code
The Planning scheme details the following carparking requirements for short term accommodation:
dwellings—
ii) if not a small dwelling— two spaces; and
iii) one space per four dwellings.
The development provides a total of two spaces on site with a tandem space provided in the
driveway. The applicant indicates that this carparking will be sufficient for the use
Overlays
The site is mapped as being affected by the Natural Hazards Overlay and is within a Flood Hazard
area and an area of High potential Acid Sulfate Soils.
The Overlays do not impact on the proposal.
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5.0 State assessment and other matters
5.1 State interests
The proposal is for an urban activity within the Urban Footprint, and is located outside the Koala
Assessable Development Area. The proposal is compliant with the relevant State Regulatory
Planning Provisions.
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6.0 Conclusion
The above development application has been submitted to the Noosa Council as the Assessment
Manager of the application under the Planning Act 2016. This application seeks an Other Change
to the Development Permit for a Material Change of Use of Premises to enable the premises to be
used for permanent and for Short Term Accommodation.
This application can be supported on a number of grounds as provided in detail in the above
report. These grounds include:
The Noosaville Local Plan Area is detailed as a major focus area for visitor
accommodation;
The site is located in an area that contains a mix of visitor and permanent
accommodation;
The outdoor living area of the units area setback and screened from adjoining
development;
Upper level bedrooms of the units are appropriately screened to minimised
opportunities for overlooking.
Carparking is available on site that supports the development;
The surrounding land uses and roadways to the site and the characteristics of the
locality support the use of the site for short term accommodation.
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7.0 Appendices
Appendix A - Proposal plans
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