MCU23/0101 Application For Short-term Accommodation At 561 Gympie Kin Kin Road, Kin Kin
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What was decided?
The minuted decision sequence
No separately labelled carried Council Resolution has been identified here. Read each formal event and the complete item minutes; a lost motion is not necessarily the final outcome.
1MotionOutcome not confirmed
Moved: Tom Wegener · Seconded: Frank Wilkie
That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 11 June 2024 regarding Application No. MCU23/0101 for a Development Permit for Material Change of Use - Short-term accommodation situated at 561 Gympie Kin Kin Rd, 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 Intent because:
a. It does not protect agricultural land from encroachment from urban and rural residential development and would compromise productivity.
b. Short-term accommodation is not an ancillary rural industry which supports production, investment and diversification.
2. The proposal is not consistent with the Purpose and Overall Outcomes of Rural Activity Code as:
a. It is not a rural activity operated in a sustainable manner which conserves the productive characteristics of rural land or protects the amenity of surrounding premises.
b. Short-term accommodation is not an innovative and sustainable agricultural enterprise.
c. Short-term accommodation does not support local production of food and beverage products.
3. The proposal does not comply with Performance Outcomes PO3 and PO4 of the Rural Activities Code as it is not consistent with the zone, locality and character of the area in which the site is located and guests will adversely affect the amenity of neighbouring residents.
4. The proposal does not comply with the Purpose and Overall Outcomes of the Rural Zone Code as it does not provide for rural uses and activities or other uses and activities that are compatible with:
a. Existing and future rural uses and activities; and the character and environmental features of the zone; and
b. Visitor accommodation which complements rural uses and promotes the sustainable use of rural land.
5. The use of the premises for Short Term Accommodation is not consistent with Overall Outcome (2)(j) and Performance Outcome PO4 of the Rural Zone Code as it not compatible with rural activities and will detract from the rural amenity of adjoining properties.
6. The use of the premises for Short Term Accommodation is not consistent with Overall Outcome (2)(g) and Performance Outcome PO1 and PO2 of the Visitor Accommodation Code as:
a. It will impact on the ability of rural landowners to carry out agricultural pursuits.
b. It will result in conflicts with nearby land uses.
c. It will detract from the character and amenity of the local area.
7. The use of the premises for Short Term Accommodation is not consistent with Performance Outcome PO25 of the Visitor Accommodation Code as it will result in an unreasonable loss of residential amenity because of a likely increase in noise to adjoining properties.
8. The use is inconsistent with the Noosa Housing Strategy 2022 - Keep Noosa Home item 7.7: Ensure that short-term accommodation in the hinterland is complementary to housing on site and not at the expense of housing. Whole-house short term rentals should be limited to infrequent letting of the owners principal-place of residence.
Main motion followed by amendments; no separate outcome recorded here.
Official minutes · section 1
2Amendment No 1Carried
Moved: Brian Stockwell · Seconded: Amelia Lorentson
That Item 3 in the above refusal motion be removed.
Carried.
For 6 named
Jessica Phillips
Frank Wilkie
Nicola Wilson
Amelia Lorentson
Karen Finzel
Brian StockwellAgainst 1 named
Tom WegenerOfficial minutes · section 24
3Amendment No 2Carried
Moved: Brian Stockwell · Seconded: Jessica Phillips
That Item 2 in the above refusal motion be removed.
Carried.
For 5 named
Jessica PhillipsAmelia LorentsonBrian StockwellFrank WilkieKaren FinzelAgainst 2 named
Tom WegenerNicola WilsonOfficial minutes · section 31
4Committee RecommendationCarried
Moved: Tom Wegener · Seconded: Frank Wilkie
That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 11 June 2024 regarding Application No. MCU23/0101 for a Development Permit for Material Change of Use - Short-term accommodation situated at 561 Gympie Kin Kin Rd, 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 Intent because:
a. It does not protect agricultural land from encroachment from urban and rural residential development and would compromise productivity.
b. Short-term accommodation is not an ancillary rural industry which supports production, investment and diversification.
2.The proposal does not comply with the Purpose and Overall Outcomes of the Rural Zone Code as it does not provide for rural uses and activities or other uses and activities that are compatible with:
a. Existing and future rural uses and activities; and the character and environmental features of the zone; and
b. Visitor accommodation which complements rural uses and promotes the sustainable use of rural land.
3. The use of the premises for Short Term Accommodation is not consistent with Overall Outcome (2)(j) and Performance Outcome PO4 of the Rural Zone Code as it not compatible with rural activities and will detract from the rural amenity of adjoining properties.
4. The use of the premises for Short Term Accommodation is not consistent with Overall Outcome (2)(g) and Performance Outcome PO1 and PO2 of the Visitor Accommodation Code as:
a. It will impact on the ability of rural landowners to carry out agricultural pursuits.
b. It will result in conflicts with nearby land uses.
c. It will detract from the character and amenity of the local area.
5. The use of the premises for Short Term Accommodation is not consistent with Performance Outcome PO25 of the Visitor Accommodation Code as it will result in an unreasonable loss of residential amenity because of a likely increase in noise to adjoining properties.
6.The use is inconsistent with the Noosa Housing Strategy 2022 - Keep Noosa Home item 7.7: Ensure that short-term accommodation in the hinterland is complementary to housing on site and not at the expense of housing. Whole-house short term rentals should be limited to infrequent letting of the owners principal-place of residence.
Carried unanimously.
Official minutes · section 38
Read complete item-specific minutes
| Motion |
| Moved: | Cr Tom Wegener |
| Seconded: | Cr Frank Wilkie |
That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 11 June 2024 regarding Application No. MCU23/0101 for a Development Permit for Material Change of Use - Short-term accommodation situated at 561 Gympie Kin Kin Rd, Kin Kin and:
|
| Amendment No 1. |
| Moved: | Cr Brian Stockwell |
| Seconded: | Cr Amelia Lorentson |
That Item 3 in the above refusal motion be removed. |
| For: | Crs Wilkie, Finzel, Wilson, Phillips, Lorentson and Stockwell |
| Against: | Cr Wegener |
| Carried. |
| Amendment No 2. |
| Moved: | Cr Brian Stockwell |
| Seconded: | Cr Jessica Phillips |
That Item 2 in the above refusal motion be removed. |
| For: | Crs Wilkie, Finzel, Phillips, Lorentson and Stockwell |
| Against: | Crs Wegener and Wilson |
| Carried. |
| Committee Recommendation |
| Moved: | Cr Tom Wegener |
| Seconded: | Cr Frank Wilkie |
That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 11 June 2024 regarding Application No. MCU23/0101 for a Development Permit for Material Change of Use - Short-term accommodation situated at 561 Gympie Kin Kin Rd, Kin Kin and:
2.The proposal does not comply with the Purpose and Overall Outcomes of the Rural Zone Code as it does not provide for rural uses and activities or other uses and activities that are compatible with:
3. The use of the premises for Short Term Accommodation is not consistent with Overall Outcome (2)(j) and Performance Outcome PO4 of the Rural Zone Code as it not compatible with rural activities and will detract from the rural amenity of adjoining properties. 4. The use of the premises for Short Term Accommodation is not consistent with Overall Outcome (2)(g) and Performance Outcome PO1 and PO2 of the Visitor Accommodation Code as:
5. The use of the premises for Short Term Accommodation is not consistent with Performance Outcome PO25 of the Visitor Accommodation Code as it will result in an unreasonable loss of residential amenity because of a likely increase in noise to adjoining properties. 6.The use is inconsistent with the Noosa Housing Strategy 2022 - Keep Noosa Home item 7.7: Ensure that short-term accommodation in the hinterland is complementary to housing on site and not at the expense of housing. Whole-house short term rentals should be limited to infrequent letting of the owners principal-place of residence. |
Carried unanimously. |
This summary follows this item’s minutes. The established voting totals use their existing method while differences are checked against the full records.
What was said?
Named discussion on NoosaWatch TV
These actual transcript passages match the item’s wording. The start and end of the item’s discussion are not yet confirmed; these excerpts are not measured item airtime or exact decision moments.
Brian Stockwell11:16Thank you. So, Councillors, on our agenda we have two further deputations noted. As you're aware, there'll be a procedural motion. With regard to item four in section five of the committee, which means that those two deputations will not proceed. So we move now on to item five for matters referred to the committee. And the. First is in regard to MCU 23010, application for short-term accommodation at 561 ginty Kin Kin road, Kin Kin. And could we have an overview of this application?
Brian Stockwell60:14As much as I like your story. So you're happy to close? Yeah. Okay I'll put the motion to the vote. Those in favour? That's unanimous. Thank you. So we move on to item 5.2 which is mature to change of use develop an application for a short-term accommodation at 428 Cootharaba road, Cootharaba. Could we have an overview please?
Tom Wegener13:58Yep the Council note the report by senior development planner to the environment to the Planning & Environment Committee Meeting dated 11th June 2024 regarding application number mcu23 slash o slash 0101 for a development permit for material of changes use short-term accommodations situated at 561 Kin Kin road Kim and a refuse the application for the following reasons the proposal is not is consistent with 3.2.6 agriculture and rural based activities of the strategic intent because it does not protect agricultural land from encroachment from urban and rural residential development it would compromise productivity be short-term accommodation is not ancillary, is an ancillary rural industry which supports production investment and diversification to the proposal is not consistent with the purpose and overall outcomes of the rural activity code as it is a not a rural activity operated in a sustainable manner which conserves the productive characteristics of rural land and protects the amenity of ceramic premises be short-term accommodation is not an innovative and sustainable agricultural enterprise see short-term accommodation does not support local production of food and beverage products three the proposal does not comply with the performance outcome PO3 and PO4 of the Rural Activities Code as it is not consistent with the zone locality character of the area in site is located and guests will adversely affect the amenity of neighbouring residents four the proposal does not comply with the purpose and overall outcomes of the rural zone code as it does not provide for rural uses and activities or other uses and are compatible with a existing and future rural uses and activities and the character and environment features of the zone and be visitor accommodation which complements the rural uses and promotes the sustainable use of the rural app five the use of premises for short-term accommodation is not consistent with the overall outcomes and performance outcomes PO4 of the rural zone code as it is not compatible with rural activities and detract from the rural amenities of adjoining properties six the use of the premise for a short-term accommodation is not consistent with the overall outcome 2G and performance outcomes PO1 and P02 PO2 of the Visitor Accommodation Code as a it will impact on the availability of rural landowners to carry out agricultural pursuits b it will result in conflicts with nearby land uses c it will detract from the character and amenity of the local area 7 the use of the premises for and accommodation is not consistent with performance outcome PO 25 of the Visitor Accommodation Code as it will result in an unreasonable loss of residential amenity because of likely increase in noise of adjoining property and 8 it's not consistent with the Noosa Housing Strategy 2022 keep Noosa home item 7.7 in the 7.7 states ensure that short-term accommodations in the hinterland is complementary to housing on-site and the expense of housing. Whole house short-term rentals should be limited to infrequent letting of owners, principal place of residence.