2022-03-17 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                             17 MARCH 2022




The property is zoned Rural Residential under the Noosa Plan 2020 and is surrounded by other rural
residential zoned land. In this zone a Development Permit for Material Change of Use is required to
operate short term accommodation, with the application required to follow an impact assessment
process (including public notification). Council records indicate no such approval has been granted
for the property. The property also has no lawful existing use rights for short term accommodation,
having commenced use of the property for short term accommodation after the commencement of
the Noosa Plan 2020.
Council officers and Council’s planning solicitor have corresponded with the owners on numerous
occasions about the ongoing use of the property for short term accommodation including the use of
the stables for short term accommodation contrary to the building classification, however, the
property owner has continued to use the property for short term accommodation in breach of the
planning scheme and the Planning Act 2016.
The purpose of this report is to seek authorisation for the CEO to commence legal proceedings on
behalf of Council in the Planning & Environment Court, noting that the legal advice received indicates
Council has sufficient evidence to commence enforcement proceedings.
Council’s evidence includes:
     Statements from nearby residents
     Screen captures of advertisement of the property on Airbnb
     Police reports of complaints made to the police about noise
It is proposed that prior to making an application for enforcement orders with the Planning &
Environment Court a final letter will be sent to the owner’s representatives which will outline all of
the identified instances of complaints of a short term accommodation use occurring on the land. The
letter will also put the owner on notice that proceedings will be commenced should the use not stop.
Where the matter proceeds to a hearing, a barrister will need to be briefed as well as a town
planner to assist the court in terms of impacts and Council’s planning strategy relating to short term
accommodation.

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