2020-08-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  11 AUGUST 2020


The original application material included statements from the applicant that the dwelling would
be used by the owner ‘for himself and family for short stay accommodation’ and that the owner
‘does not intend to let the house out into the letting pool’.
The applicant was informed through the Information Request process that Council officers
consider the use to be a Detached House. Within the Visitor Mixed Use Zone under The Noosa
Plan, a Detached House is identified as an inconsistent use. The applicant responded to the
Information Request stating the dwelling ‘would be used for no more than 3 months consecutively
by the owner and his family. Outside of these times, the building would be rented out to private
individuals wanting to stay at the house and use the lagoon’.
Under The Noosa Plan, a Detached House can be utilised for either short-term or permanent
accommodation, so therefore may still be utilised as visitor accommodation in an appropriate
location.
Lagoon/Wave Pool
The proposal also includes a 4,000m2 lagoon/wave pool as an ‘ancillary recreation use’ to the
dwelling. It is considered however, that the lagoon/wave pool will be the main attraction for
visitors to the site, and therefore is not considered ancillary to the proposed dwelling unit. The
proposed lagoon/wave pool also does not have any direct connection with the environmental or
scenic values of the site, as required by the definition of ‘Visitor Accommodation Type 3 – Rural’
under The Noosa Plan.
‘Ancillary uses’ under the planning scheme refers to uses ancillary to the lawful use on the site.
The term ‘ancillary’ is defined by The Noosa Plan as:
      ‘Ancillary means associated with, but incidental and subordinate to’
The proposed 4,000m2 lagoon/wave pool is not incidental and subordinate to the dwelling
proposed. As such, the lagoon/wave pool is a separate land use, and is more appropriately
defined as Entertainment and dining business - Type 2 Recreation, amusement & fitness:
      Entertainment and dining business means the conduct of a business activity, where
      entertainment, amusement, recreation or meals are afforded. The term includes the
      following types:
      Type 2 Recreation, amusement & fitness: The use of premises involving recreation or
      amusement activities, including cinema, health & fitness club, gym, sport activity or brothel.
Alternatively, the use may also be considered an ‘undefined use’.
As the lagoon/wave pool does not meet the definition of ‘Visitor Accommodation Type 3 – Rural’
or constitute an ancillary use as defined under the planning scheme, the development is
proposing two separate uses on the site. Under The Noosa Plan, an Entertainment and dining
business - Type 2 Recreation, amusement & fitness use within the Visitor Mixed Use Zone or an
‘undefined use’ is an inconsistent use and would be required to go through an impact
assessment process.
The applicant was informed through the Information Request process that Council officers do not
consider the lagoon/wave pool to be incidental and subordinate to the dwelling, and that it is a
separate use, and that the applicant has lodged the application for an incorrect use type. An
application for a Material Change of Use for a Detached House and Entertainment and dining
business - Type 2 Recreation, amusement & fitness, or alternatively, for an ‘undefined use’ is
required. An Operational Works permit would also likely be required for the works necessary to
construct the lagoon/wave pool.
Strategic Framework
The Strategic Framework and Community Vision of The Noosa Plan outlines the overall vision
sought by the community of Noosa Shire by 2021 in regards to visitor facilities, including:
1.7.8 Visitor Facilities


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