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Planning report
proposal report
development application
Development Permit for an Other change to Development Approval
MCU18/0006 for Short Term Accommodation
over Lots 0, 1 and 2 on SP314091 and located at Units 1 and 2 /10 Hill
Street, Sunshine Beach
Prepared For: Emma Bolderson, James Perriss and Karinne Brannigan
Date: February 2021
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proposal report
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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 .............................................................................. 11
5.1 State interests ....................................................................................................................... 11
6.0 Conclusion .................................................................................................................... 11
7.0 Appendices ................................................................................................................... 13
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 MCU18/0006
Site address: Units 1 and 2/10 Hill Street, Sunshine Beach
Real property description: Lots 0, 1 and 2 on SP314091
Site area: 531m2
Assessment manager: Noosa Council
Owner details: Emma Bolderson, James Perris and Karinne Brannigan
Applicant details: Emma Bolderson, James Perris and Karinne Brannigan
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: Coastal Communities Local Plan
Level of assessment: Impact
Applicable overlays: Nil
Applicable codes: The Noosa Plan 2020
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 10 Hill Street, Sunshine Beach
and described as Lots 0, 1 and 2 on SP314091 (to be known as the site). The site currently
contains an established duplex dwelling that was approved by Council and constructed in
accordance with Councils development permit MCU18/0006.
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 has a registered easement along the southern boundary and 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 Two storey residential duplex
Existing structures Two storey duplex
Frontage and 15 m frontage to Hill Street.
access
Topography and Site slopes down from the Hill Street frontage to the rear property boundary
views
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Figure 1: Aerial view and site identification Source: Noosa Council
2.2 Surrounding land uses
The site is located in a residential area that is characterised by a mixture of unit developments and
residential dwellings which are used for both visitor and permanent accommodation.
Table 2: Surrounding land uses
Surrounding land uses
North Opposite the site Two storey duplex dwellings
East Two storey duplex dwelling
West Two storey duplex dwelling
South Residential dwelling.
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3.0 Proposed development details
The duplex development was approved and constructed in accordance with MCU18/0006 and
OPW18/0012 approved by Council in 2018. The applicants now proposes to utilise both units for
permanent or short term accommodation. No changes are proposed to the approved building 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 carparking 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 pool area and associated terrace area are screened by a 1.8m high fence.
The property is proposed to be fully fenced and landscaped.
The adjoining premises to the east and west comprise unit developments.
The site is in close proximity to the beach and Sunshine Beach shops and restaurant
precinct.
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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 Coastal Communities 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:
Coastal Communities Local Plan Code
Medium Density Residential Zone Code
Visitor Accommodation Code
Works Code
Coastal Communities Local Plan Code
The proposal has been reviewed against the Coastal Communities Local Plan Code and is
considered to comply with the Purpose and Overall Outcomes of the Code which include:
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(v) Development in Sunshine Beach –
I. provides housing, multi-unit accommodation and small scale retail, commercial and
dining uses in a secluded vegetated, beachside setting.
II. has a comparatively high proportion of multi-unit accommodation for both visitors and
residents;
III. for visitor accommodation is managed appropriately so as not to reduce the amenity
of the surrounding permanent residents and to retain an adequate supply of
permanent housing in the local plan area;
The use of the site for short term accommodation will provide visitor accommodation in an existing
building that has a domestic scale and is located in a landscaped and private setting. The
proposed use is consistent with the intent of the area and zone which is to provide accommodation
for both permanent residents and visitors. It is considered that appropriate conditions may be
imposed to ensure the premises will be able to be managed to minimise impacts on the
surrounding residents.
The Code also details the following specific Outcomes for Visitor Accommodation:
PO14
Development provides a diversity of types and styles of visitor accommodation to cater for a
range of visitor experiences in close proximity to key tourist areas.
PO15
Visitor accommodation is not be located in areas which are predominantly permanent
residential dwellings.
The proposed development complies with the above outcomes and provides a form of visitor
accommodation that is within easy walking distance of the Sunshine Beach commercial area and
the beach. The site is located on Hill Street and included the Medium Density Residential zone
which has a mix of unit and residential dwellings.
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.
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The subject site is in an area that comprises a mixture of unit and dwelling houses that are used for both
permanent and visitor accommodation. As detailed above the use of the site for short term
accommodation provides an alternative form of accommodation for 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 within the area.
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 holiday rental and not
on the subject property or Short-term accommodation does not: to be rented out for parties. Each dwelling unit comprises
adjoining properties; a) constitute a party house; bedrooms and one kitchen area.
b) any likely increase in b) create noise that would
noise to adjoining properties; unreasonably impact on the
c) the scale of the use and residential amenity enjoyed by the
adjoining or surrounding properties. The existing pool area is located to the rear of the site. The
its compatibility with the
character and uses within the applicant is willing to consider conditions limiting the use of
property or surrounding area; outdoor areas to minimize impacts on surrounding residents. It is
d) retention of the also noted that the existing vegetation on the adjoining sites
primary residential function of provides an effective screen to the upper level deck areas located
an area; to the rear of the site
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;
h) the location of waste
storage areas in relation to
sensitive land uses; and
i) any impact on shared
vehicular access or parking
AO6.3
Buildings are designed and orientated so Refer above.
that the majority of outdoor living areas
face away from the habitable areas of
adjoining dwellings.
AO6.4
Waste storage areas are screened and Bin area located along the side of the units.
located to the rear or side of
a building and are not located along
any frontage to a public street or space.
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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;
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 four spaces on site compliant with the requirements.
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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.
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 Coastal Communities Local Plan Area details that Sunshine Beach is to have a
comparatively high proportion of multi-unit accommodation for both residents and
visitors.
The proposed use is consistent with the intent of the zone which to accommodate
permanent residential living with visitor accommodation.
The site is located in an area that contains a mix of visitor and permanent
accommodation;
Conditions may be imposed that will minimise impacts of the use on the surrounding
area;
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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