APPEAL D96 OF 2024 RELATING TO REFUSUAL OF MCU24/0003 MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 428 COOTHARABA ROAD, COOTHARABA
Executive summary
This report advises Council that an appeal has been lodged against a decision made by Council to refuse a development application for material change of use for Short-term accommodation at 428 Cootharaba Road, Cootharaba. The application was recommended for approval by the Senior Development Planner, however following extensive discussion at both the Planning & Environment Committee and the General Committee, the application was refused by Council due to it being contrary to the Noosa Plan 2020 as it was determined the proposal: • is not an ancillary rural industry which supports production, investment, and diversification and does not complement rural uses or promote the sustainable use of rural land. • does not provide for high quality nature-based and rural tourism experiences. • does not protect the rural neighbourhood from short term visitor accommodation that would impact on the amenity enjoyed by residents. • does not provide for rural uses and/or activities or other uses and activities that are compatible with the character and environmental features of the zone. • the visitor accommodation in its proposed form does not complement rural uses or promote the sustainable use of rural land. • The development may materially increase the number of people congregating on the premises who are unfamiliar with the locality, and as such increasing risk to the safety of people and property from the adverse impacts of bushfire. • It proposes development in an area at risk from bushfire hazard and it is not compatible with the nature of the hazard. • The development unduly burdens disaster management response and recovery capacity and capabilities. • Safe access and egress to the development for emergency vehicles and personnel has not been demonstrated. • is inconsistent with the Noosa Housing Strategy 2022 - Keep Noosa Home • is inconsistent with the Noosa Council Short Term Accommodation Monitoring Report The matter is in order for Council to defend the appeal.
Recommendation
That Council note the report by the Development Planner to the General Committee Meeting dated 12 August 2024 regarding Planning & Environment Court Appeal D96 of 2024 and agree to defend the appeal.
Report details
Index: ECM/ Application/ MCU24/0003/ Case/ Johannesen