Planning & Environment Committee Report - 11 June 2024

Tom Wegener22:07

I'd like to move an amended motion. For refusal. Yes, please. Go over there and read it off the screen. It's just been recently amended. Yeah. Then I'm going to set the document up for you. I can-- that's good. Cool. And it's uh, going to be nick's hard act to follow, suspect. I Um, our, uh, um, I move that Council note to report, uh. I don't have to read that. I move-- that Council note to report by senior development planner to the Planning & Environment Committee dated 11th of June, 2024, regarding application number M-C-U-2/0101 for a development permit for Material Change of Use, short-term accommodation. Situated at 561 Gympie Kin Kin road, kin-Kin, and A. Refuse the application for the following reasons. 1. The proposal is not consistent with 3.2.6, agriculture and rural-Based activities of the strategic framework. A. It does not protect agricultural and enforcement from urban development and concluding B. Short-term accommodation is not an ancillary rural industry which supports production, investment, and diversification. 2. The proposal is not consistent with 3.2.6 tourism of the strategic framework as it does not provide for high-quality nature-based and rural tourism experiences. The 3. Churchland accommodation is not an ancillary rural industry which. Supports production, investment, and diversification. 3. The proposal is not consistent with 3.3.3 housing choice of the strategic framework as it does not protect the rural neighbourhood from short-term visitor accommodation that would impact on the amenity. 4. The proposal does not comply with the purpose and overall outcome 2.I. Of the zone code as a. It does not provide for rural uses or activities or other uses and activities that are compatible with existing and future rural uses and activities b. It does not provide for rural uses and or other uses and activities that are compatible with the character and environmental features of the zone c. The visitor accommodation in its proposed form does not complement rural uses or promote the sustainable use of rural land the use of the premises for short-term accommodation is not consistent with the overall outcome 2J and performance outcome P04 of the rural zoning code as it is not compatible with rural activities and will detract from the rural amenities of opportunity the adjoining property. Adjoining performance of POA of the rural zone code as the proposed location of the dwelling within 200 metres of mapped agricultural land conservation area is not sufficiently set back to mitigate risks associated on with the air use of-- pollutants and or avoid conflict with current or future world uses and activities on the joint property. The use of the premises for short-term accommodation is not consistent with the overall outcome 2G and performance outcome P0 and P02 of the Visitor Accommodation Code as: a the site is within 250 metres of mapped agricultural land conservation area which is intended for intensive animal industry, intensive horticulture, or rural industry uses. B. The site is within 100 metres of mapped agricultural land conservation area which is intended for agricultural operations C it will impact on the ability of rural landowners to carry out agricultural pursuits. D it will result in conflicts with nearby land uses. E it will detract from the character and amenity of the local area. Eight, the use of premises for short-term accommodation is not consistent with the performance of PO25 of the Visitor Accommodation Code as it will result in an unreasonable loss of residential amenity because of likely increases in noise to adjoining properties. Nine, the use is inconsistent with the Noosa Housing Strategy 2022.2022 keep Noosa homes item 7.7 ensure that short-term accommodation in the hinterland is complimentary to housing onsite and not at the expense of housing. Full house short-term should be limited to infrequent laying of the owner's principal place of residence. 10. The use is inconsistent with the Noosa Council Short-term Accommodation Monitoring Report 2022 as a short-term accommodation without a permanent resident remaining on site compromises future housing supply for permanent residents. B, short-term accommodation of an entire dwelling house compromises adequate long-term housing stock being available to meet the diverse needs of Council of Noosa shire's current and future residents consistent with Noosa Council's adopted Housing Strategy 2022. And C: short-term accommodation does not reinforce the purpose and outcomes to be achieved by the development within the rural zone for rural pursuits, particularly agriculture uses and complementary value-add uses and housing for permanent residents. Thank can we have a seconder for that please? Might just say something really quick. One code we didn't mention was the Noosa climate change response plan and one of the key themes is resilient and adaptive communities and built environments. This I believe climate change response has to do with community and it we think of the Murray river country harvest up here that comes and brings vegetables in every Saturday morning and sell to the markets there and you have a Elaine Bradley and so they're growing locally produced food and over COVID they had to shut down of course and they realised that a lot of the people that bought the foods well they had to bring them to the properties they found that they were very isolated so the growers started a phone tree where they would call up every person would in the group call ten people who called ten people and really canvassed the whole area to make sure that everybody was still you know around and feeling connected with community and that is community and I think that by refusing STAs STA's in the hinchel hinterland end of these two cases we continue to on the concept of community in the hinterland in other places. Thank you.

Brian Stockwell30:06

To save Councillor Wegener's voice, I'm going to move this one. Just to explain, when we have a motion that's different to what's on the agenda, the protocol is to read it out so everyone's aware of what's being said. I'm not going to do that because many of these grants for refusal are replicates of what was just there they might be in a different order I will read out the headline rather than the detail. The Council note the report by the development planner to the Planning & Environment Committee Meeting dated June regarding application number there for a development permit for material change to use short-term accommodation situated at 428 Cootharaba road, Cootharaba to refuse the application on the following reasons. The first one is the proposal is inconsistent with the tourism, with 3.26 tourism of the treated framework for those reasons which we previously heard. Number two, the proposal is not consistent with.3 housing choice of the strategic framework for the reason outlined as we previously heard. That the proposal does not comply with the purpose overall outcomes of the rural zone code and there's three items there which Councillor Wegener previously read out in his refusal motion. Number four, Wegener previously read out in his refusal motion. Number four, the use of premises for short-term accommodation is not consistent with performance outcome PO4 of the rural zone code for the reasons previously stated. Number five, the use of the premises for short-term accommodation is not consistent with performance outcome PO25 of the Visitor Accommodation Code as a result in an unreasonable loss of residential amenity. Number six, and this is a new one so I will read it out, this block is in the middle of a vegetated area, number six says the proposal does not comply with the purpose and overall outcomes 2A, B and E. The bushfire hazard overlay code as it does not avoid or mitigate the potential adverse impact of bushfire on people and property, B it proposes development in an area at risk from bushfire hazard and it is not compatible with the nature of the hazard. C the risk to people, property and the natural environment from bushfire hazard is not minimised, D the development unduly burdens disaster management response and recovery capacity and capabilities. With performance outcome PO1 of the bushfire hazard overlay code. A the development may material increase the number of people congregating on the premises who are unfamiliar with the locality and as such increasing risk to safety of people and property from the adverse impacts of bushfire. Eight is the over the proposal does not comply with performance outcome PO6 of the bushfire hazard overlay code as a safe access and egress to the development for emergency vehicles and personnel has not been demonstrated be easy and safe evacuation of residents and premises and access by emergency services not been demonstrated go on to number nine which is the same reason regarding its inconsistent with the Housing Strategy 2022 number 10 for the same reason as outlined by Councillor Wegener is inconsistent with Noosa Council short-term accommodation monitoring report. May we have a seconder for that please. Seconder Councillor Wegener. Councillor Stockwell is to speak. I will briefly. It's much similar grounds for refusal on this one. It is a slightly different location so the significant focus on the rural productive nature the of king road block here is slightly less and more focused on the fact that it is a house in the middle of a high bushfire hazard area with the only access and ingress through a small farm track out to the main road through once again high bushfire hazard so that becomes a more significant issue in terms of the reason why you wouldn't want to bring people into this location particularly for example if they come from a big city and never had to deal with a wildfire in a rural environment before. For all those reasons I do believe there is sufficient justification to refuse the proposal.

Frank Wilkie0:00

Where motions are finalised as decisions of the local government. There's opportunity for us all to meet and discuss issues and questions you may have after formal proceedings. I'd like to thank the staff who went to considerable effort a venue that was available at this time, acquire the technology to ensure internet connection and live streaming capacity and organise the consultation material and make themselves available. So thank you staff. We hope to continue bringing these the community and venues across the Shire and we'll learn a lot from how things go tonight. The matters on the agenda tonight were debated and approved at the Planning & Environment Committee, Services & Organisation Committee last week and the General Committee Meeting on Monday only have the weight of recommendations until they are passed at tonight's statutory meeting. These lead-up committee meetings are generally where all the main discussion and debate takes place. Ordinary Meeting structure allows for public participation in the form of deputations we have one of those tonight. And formal questions which were submitted and won't be answered by staff. The nursing community is familiar with and have always respected formal meeting procedures and we're grateful for your attendance tonight. First item is attendance and apologies and I note that all councils are attending. But we do have Councillor Lorentson who is on leave in north Queensland and is attending via Teams. Councillor Lorentson can you hear us? I can hear you black- Thank now you. We need to have a motion that will allow Councillor Lorentson to attend via Teams. It's up on the screen there. I can't quite read that print from this distance. It says, "I move that in accordance with section 254 of the Local Government Regulation, Councillor Lorentson is approved to attend the meeting dated June 20, 2024 via Microsoft Teams." Can I have a seconder for that please? I'll second. That. Councillor Phillips, all in favour? It's carried unanimously. Can I have a mover for and a seconder of the Minutes of the Ordinary Meeting held on the 16th of May?