2017-10-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  10 OCTOBER 2017


2.    SITE DETAILS
2.1. Background
One resident of the Detached House has been operating a swim school from the site since
October 2016. Council received a complaint some months after commencement of the use. The
operator at the time advised that they had been informed the business was a Type 1 Home-
based business and did not require approval for the use. The business however, is clearly
defined as a Home-based business Type 3 use, due to the business being conducted outdoors
and involving noise generating activities. Council officers responded to the complaint and notified
the operator accordingly. The applicant subsequently engaged Noosa Town Planning to submit
the home-based business application to Council seeking approval.
Throughout the application process, Council officers attended the McKenna Ct site, surrounding
streets and adjoining properties to better understand the proposal and determine the proposal’s
potential impact on the area in regard to noise, carparking and overall amenity.
Council officers also met with the applicant to discuss the application and any changes that could
be made to better protect surrounding resident’s amenity and address the issues raised by
submitters prior to finalising the Council report. The applicant responded advising that flexibility is
required in the operating days and the number of classes available for her clients, but is willing to
reduce the maximum number of classes from 10 to 9 classes per day Monday to Thursday and to
4 classes on Friday. The applicant also further submitted that the proposed acoustic fence would
appropriately mitigate any noise from the business.
2.2. Site Description
The site is described as 8 McKenna Ct, Noosaville, on Lot 75 RP 869151 and is located in the
Detached Housing Zone of the Noosaville Locality. The site is 680 square metres and has a 20m
road frontage to McKenna Ct. The pool used for the swim school business is located at the
south-east corner of the lot to the rear. The pool is adjacent to the outdoor entertaining areas of
the dwellings of the adjoining neighbours.
2.3. Surrounding Land Uses
McKenna Ct is a residential cul-de-sac of 19 residential properties, located not far off Goodchap
St. Properties on the northern side of McKenna Ct back on to Wallace Park.
3.    ASSESSMENT
3.1. Statutory Instruments – Planning Scheme
The proposed swim school use is identified as an inconsistent use within the zone and is
required to follow an impact assessable application process. Home-based Business Type 3 is
identified as an inconsistent use for residential properties as Type 3 businesses operate outside
and include noise generating activities. Home-based Business Type 3 is only identified as
consistent for the rural settlement and rural zones which generally provide much greater
separation distances for residents.
Locality Provisions
The Detached Housing zone is intended to provide for a high level of residential amenity for
residents and recognises the locality’s neighbourhoods are of varied character. Specific
Outcomes O1 of the Noosaville Locality Code seeks to ensure uses avoid significant adverse
impacts on the amenity enjoyed by residents, including acoustic qualities. The proposed swim
school has the potential to significantly impact on surrounding resident’s amenity due to the noise
from classes, and the number and frequency of classes being held. A number of inspections and
discussions with nearby neighbours showed that the swim class instructions and noise from
students receiving instruction are clearly audible to residents adjacent the pool and at times other
residents in the area. In this regard, submitters have indicated that some children attending
classes cry throughout their lesson and this is very disturbing. The respective location of the pool
on the subject site is shown below (Refer to figure 2).


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