2022-03-17 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                             17 MARCH 2022


9.   ORDINARY MEETING REPORTS


1    COM21/0008 - POTENTIAL LEGAL ACTION AGAINST SHORT TERM ACCOMMODATION
     AT 18 AMAROO PLACE, COOROIBAH

Author           Manager Development Assessment, Kerri Coyle
                 Environment & Sustainable Development Department

Index            ECM/ Application/ COM21/0008

Attachments      1.    Legal Advice in relation
                       to 18 Amaroo Place, Cooroibah - in accordance with Section
                       254J (3) of the Local Government Regulation 2012 - e) legal advice obtained
                       by the local government or legal proceedings involving the local government
                       including, for example, legal proceedings that may be taken by or against the
                       local government.


EXECUTIVE SUMMARY
This report advises Council of a current compliance matter wherein a property owner is currently
offering short term accommodation on an ongoing basis without a development approval or lawful
existing use rights. The use is having significant impacts on surrounding resident’s amenity with at
least 17 persons being accommodated on site at any one time.
The report proposes to authorise the CEO to commence legal proceedings on behalf of Council in
the Planning & Environment Court.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Ordinary Meeting
dated 17 March 2022 and:
A.   Note the confidential legal advice in relation to the use of 18 Amaroo Place, Cooroibah for
     short term accommodation as provided as Attachment 1 to the report.
B.   Authorise the Chief Executive Officer to initiate legal action in accordance with that advice.

REPORT
Council has been receiving ongoing complaints from residents regarding the use of 18 Amaroo
Place, Cooroibah for short term accommodation. The complaints generally relate to noise and other
disturbances though some complaints indicate the current use may also be characterised as a party
house.
The property has been offered for short term accommodation on an ongoing basis, accommodating
at least 17 persons on site at times within the existing dwelling and stables. The property is
approximately 2 hectares in area with the surrounding properties ranging from approximately 2 to 4
hectares. Amaroo Place is a quiet cul-de-sac, serving a limited number of residents with the Great
Sandy National Park located to the site’s north-east and so noise from guests staying/partying on
site is very audible to residents in the area.




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