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Developers launch court appeal after council rejects plan for backpacker accommodation

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A court appeal has been launched after a proposal to develop backpacker accommodation for 48 guests was rejected.

Mathew and Stephni Haydok have appealed to the Planning and Environment Court after Noosa Council refused their plan for the 607sqm site at 17 Russell Street, Noosaville.

The appeal argues there is a community need for the development to accommodate backpacker, tourist and transient workers who support the Noosa economy.

The application, which was originally submitted in January, sought approval for a 15-room short-term accommodation complex with a pool, communal areas and reception facilities.

A decision notice was issued on October 23 after councillors at their ordinary meeting that month voted unanimously to refuse the application.

“The scale of the development is not consistent with structures on adjoining or nearby land and is likely to dominate and adversely impact the surrounding residential amenity,” the decision notice stated.

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It also highlighted concerns around site cover and that the proposed rooftop terrace and upper-floor setbacks would cause overlooking and privacy impacts on neighbours.

Parking on the 607sqm site was another concern, with six vehicle spaces utilising a car stacker proposed.

“Sufficient car parking is not available on site to accommodate the likely demand, and the site is located where on-street parking is insufficient and undesirable,” the notice said.

The appeal, filed on behalf of the Haydoks by Brisbane-based MacDonnells Law, argues the proposal would be an “appropriate town planning outcome”.

“The proposed development proposes a bulk, scale and form that is intended in the High Density Residential Zone and is consistent with surrounding and adjoining development,” it states.

An aerial view of the site, which is about 150m south of the Noosa River. Picture: Nearmap

The reasons for approval also argue the development would contribute to the character of the local area and not compromise existing amenity.

“The siting, form and orientation of the proposed development does not result in any unacceptable privacy impacts on adjoining properties,” it states.

The appeal says backpacker accommodation generates little daily traffic or parking demand, and that the proposed car stacker is a “safe and functional method” to provided extra parking.

It argues the development would address a “marked shortfall” of short-term accommodation within the Noosa catchment.

“There is a community need and a net community benefit for the proposed development to accommodate backpacker, tourist and transient workers to support the Noosa economy and fulfil a role vital to the Noosa tourism economy,” it says.

The property, which is opposite the Noosa River Holiday Park, is currently occupied by a three-storey building and is approved as short-term accommodation for up to 18 people.

The council had previously raised concerns about the scale and density of the proposed development, and an online petition focusing on traffic concerns was also launched.

But other residents threw their support behind the plan, saying the street was already busy from the holiday park.

The council has not yet filed a response and no court dates have been set.

The aerial imagery in this story is from Australian location intelligence company Nearmap. The company provides government organisations, architectural, construction and engineering firms, and other companies, with easy, instant access to high-resolution aerial imagery, city-scale 3D content, artificial intelligence data sets, and geospatial tools to assist with urban planning, monitoring and development projects in Australia, New Zealand and North America.

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