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App C - Existing STA Approval
Appendix C Existing STA Local Law Approval Application for a Development Permit – Material Change of Use for Short-Term Accommodation in a 46.5m² dwelling. 122 Musa Vale Road, Cooroy 4563 QLD Lot 304 on SP118015 James Austin & Jody Austin 22nd April 2026
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Department: Short Stay Letting
Direct Telephone: 5329 6429
Our Reference: SSL25/0041
29 September 2025
JL Austin & Mr JN Austin
130 Kadumba St
YERONGA QLD 4104
Dear Sir / Madam,
Approval
Local Law No. 1 (Administration) 2015 – Approvals for Prescribed Activity - Short Stay Letting or
Home Hosted Accommodation
I refer to your application for a Short Stay Letting and advise that on 29 September 2025, Council
decided to approve the application, subject to conditions that will ordinarily be imposed on
approvals, set out in Section 6 of the Subordinate Local Law No. 1 (Administration) 2015 –
Schedule 21A. Including non-standard condition in accordance with section 9 of Local Law No. 1
(Administration) 2015.
Details of the approval are as follows:
Approval No: SSL25/0041
Owner: JL Austin & Mr JN Austin
Property Address: 122 Musa Vale Rd COOROY QLD 4563, described as Lot
304 SP 118015
Approval Type: Short Stay Letting - Dwelling House
Lawfully Authorised by: Limited Existing Use Rights
The property has existing use rights for short term
accommodation in accordance with the scale and intensity of
its historical use. Therefore, the premises may continue to be
used for short term accommodation, providing such use
continues to operate generally at the scale and intensity of
the historical use of the premises, including the number of
bookings in any one calendar year and number of guests
accommodated on site 8.
In respect of the scale and intensity of the historical use, the
following is noted from the information provided in support of
your request:
• 2018 – 19 Bookings
• 2019 – 37 Bookings - maximum bookings allowed to continue Short Stay
• 2020 – 21 Bookings
• 2021 – 31 bookings
• 2022 – 36 Bookings
• 2023 – 14 Bookings
2024 – 3 Bookings
According to the historical booking information provided,
the maximum use in line with the existing use right is 37
bookings per year ONLY while the approval exists.
NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]
ABN: 97 969 214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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Should the use of the dwelling for short term accommodation
cease and be abandoned or the scale and intensity of the use
materially change, then the existing use rights may also
cease and a development approval would be required from
Council for the new use to be considered lawful.
Contact Person Details: Name: Name:
Tracie Tait Tracie Tait
Business Hours No. After Hours No.
0424 302 444 0424 302 444
Number of bedrooms in use 4
Number of persons 8
Conditions of approval
The approval is conditional on the following conditions being met at all times and only valid for the
owner of the property as detailed above. Should you wish to transfer the approval to a new property
owner an application will be required to be made to Council.
1. RESIDENTIAL AMENITY
1.1 The operation of the short stay letting must not detrimentally affect the residential
amenity (including but not limited to noise, overlooking or light spill) enjoyed by
residents adjoining, or in the vicinity of, the premises.
1.2 The operation of the short stay letting at the premises must not constitute a nuisance
(including a noise nuisance).
1.3 Adequate provision must be made at the premises for occupants to enter and leave the
premises without causing disturbance to adjoining residents.
2. VEHICLE MANAGEMENT
2. Adequate provision must be made for the parking of vehicles, including boats, trailers,
jet skis and the like, on the premises including a vehicle used by a person occupying the
premises, and all vehicles must—
(a) be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
(b) be parked within the parking facilities at the premises where provided.
3. CAMPING OR CARAVANNING ONSITE
3. The operation of short stay letting must not make provision for any occupant of the
premises to sleep or camp on the premises in a tent, caravan, campervan or similar
facility.
4. PUBLIC LIABILITY INSURANCE
4. The holder of the approval must, at all times, hold and maintain a broadform public
liability insurance policy which provides indemnity—
(a) in an amount not less than $10,000,000.00 or another amount specified by the
local government; and
(b) in respect of the use of the premises for the operation of short stay letting.
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5. WASTE MANAGEMENT
5.1 Waste containers that are provided as part of the operation of the short stay letting must,
at all times, be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic
condition.
5.2 Each of the approval holder and, if the contact person is not the approval holder, the
contact person, must—
(a) place the waste container for the premises on the kerb side frontage of the
premises, for the collection of general waste from the container; and
(b) ensure that the container is placed on the kerb side frontage for no longer than 24
hours before or after the scheduled collection day for the collection of waste in the
container;
(c) if the premises are not provided with a kerb side frontage general waste collection
service—
(1) ensure that general waste from the premises is removed from the premises
and disposed of at a general waste facility.
6. RECORDS MANAGEMENT
6.1 The approval holder and, if the contact person is not the approval holder, the contact
person, must keep and maintain a written record of each complaint received by the contact
person including, as a minimum and for a period of not less than 2 years, the following
information about each complaint—
(a) details of the complaint; and
(b) the date and time of receipt of the complaint; and
(c) details of how the complaint was resolved or addressed; and
6.2 The approval holder and, if the contact person is not the approval holder, the contact
person, must, for a period of not less than 2 years keep and maintain a register of the use
of the premises and record in the register, each of the following—
(a) on each occasion on which the premises are used, or occupied, on a commercial
basis—
(1) the number of adults who are occupants of the premises; and
(2) the number of minors, an individual who is under 18, who are occupants of the
premises; and
(b) the dates when each person’s use, or occupation, of the premises for short stay letting
began and ended; and
(c) the number of guests of each person who uses, or occupies, the premises for short
stay letting; and
6.3 The approval holder and, if the contact person is not the approval holder, the contact
person, must make available, for inspection by the local government, within 5 business days
of receipt of a written request given at any time, each of—
(a) the written record of complaints
(b) the register of use
7. CODE OF CONDUCT FOR GUEST BEHAVIOR
7.1 The code of conduct for guest behavior for the use, or occupation, of the premises must
be—
(a) displayed in a manner, and in a prominent location within the premises, so that it
can be viewed by persons using, or occupying, the premises; and
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(b) made available by the holder of the approval, or the contact person, to all users
and occupants of the premises, including on any website or social media used to
promote the use of the premises for short stay letting.
7.2 The approval holder and, if the contact person is not the approval holder, the contact
person, must require each occupant of the premises to comply with each of the following
conditions (collectively the code of conduct for guest behaviour)—
(a) each vehicle used by an occupant of the premises must—
(1) be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
(2) be parked within the parking facilities at the premises;
(b) each occupant of the premises who enters, uses or occupies the premises,
including any outdoor area of the premises, for example, an outdoor entertainment
area, deck, balcony, swimming pool or spa, must not—
(1) detrimentally affect the residential amenity (including but not limited to
noise, overlooking or light spill) enjoyed by residents adjoining, or in the
vicinity of, the premises; or
(2) cause a nuisance (including a noise nuisance); or
(3) display unacceptable behavior, for example—
• loud aggressive behaviour;
• yelling, screaming, arguing;
• excessively loud cheering, clapping or singing; or
(4) create a level of noise which is in excess of the acceptable levels described
by Queensland Government legislation for environmental protection (noise).
(c) an occupant of the premises must not sleep or camp on the premises in a tent,
caravan, campervan or similar facility;
(d) pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance);
(e) each occupant of the premises must store general waste (including the separation
of recyclable waste) produced as a result of the ordinary use or occupation of the
premises in a waste container;
(f) each occupant of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
8. CONTACT PERSON AND COMPLAINTS MANAGEMENT
8. An up-to-date contact person must be identified for the premises at all times (which may
include an individual, letting agent, property manager, security firm or the like), who —
(a) is available 24 hours a day, 7 days a week; and
(b) resides, or has a place of business, within a 20 kilometre radius of the premises;
and
(c) is responsible for the supervision and management of the premises, including
addressing complaints about the use of the premises for short stay letting and
visitor queries; and
(d) is responsible for responding to each complaint within 30 minutes of receipt of
notification of the complaint.
(e) is responsible for resolving each complaint at the premises, including ensuring
compliance with the requirements of the code of conduct for guest behavior.
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9. APPROVAL NOTICE
9. The holder of the approval must prominently and permanently display a current, and up
to date, written notice (approval notice) at the front of the premises; and
(a) the approval notice must be visible to members of the public at all times; and
(b) the size of the approval notice must be a minimum and maximum size of 0.2m2; and
(c) the approval notice must specify, in letters and numbers not less than 50mm in
height, the current, and up to date, contact details for a complaint and the approval
number.
(d) If the premises forms part of a community titles scheme, the approval holder must
notify the body corporate of the approval and make available the contact details for
Council’s 24/7 complaints hotline and the approval number for the premises at a
location which complies with their by-laws.
(e) The contact details for complaints to be included on the approval notice, is
Council’s 24/7 complaints hotline number 5329 6466
10. NON-STANDARD CONDITION TO APPROVAL
10. All practical steps must be undertaken to ensure.
Such steps must include:
(a) All advertising on short stay letting websites or other platforms must not include
secondary dwelling.
(b) The approval applies only to the main dwelling on the site; the secondary dwelling
is not approved for short-stay letting.
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Non-Compliance with Conditions and Non - Standard Conditions of Approval
Enforcement action will be undertaken where the conditions of approval or the requirements of
Subordinate Local Law No.1 (Administration) 2015 are not met. Please refer to the Non-
Compliance with Conditions of Approval attached hereto.
Term of Approval
The term of the approval commences on the date the approval is granted and expires on the
next 30th day of June. A renewal notice will be issued by Council after each 30th June
anniversary.
Guide to Good Management
Please refer to the attached Guide to Good Management of Short Stay Letting and Home Hosted
Accommodation which has been prepared to provide additional information and best practice ways
to manage properties used for short stay letting to meet the requirements of the local law.
Nick Boundford
Short Stay Letting - Coordinator
Development and Regulation
cc Jody Louise Austin
130 Kadumba St
YERONGA QLD 4104
Mr James Neil Austin
130 Kadumba St
YERONGA QLD 4104
[email protected]
Enc: Non-compliance with conditions and Non- Standard Conditions of Approval
Information Notice
Good Management of Short Stay Letting Guide
Example of Signage to be Displayed
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Information Notice
Attention: JL Austin & Mr JN Austin
Premises Address: 122 Musa Vale Rd COOROY QLD 4563
Information Notice
The Decision
1. Nick Boundford, an authorised person of Noosa Shire Council (Council) decided (the Decision)
to approve your application subject to non-standard condition under section 9 of Noosa Shire
Council Local Law No. 1 (Administration) 2015 (Local Law No. 1).
2. The non-standard condition is set out in the Approval Notice, as condition <insert condition
number>.
Reasons for the Decision
3. The non-standard condition was included for the following reason(s):
a. For compliance with the Noosa Plan 2020.
Right of Review
4. You may apply for a review of the Decision within 14 days after the day this information notice is
given to you.
How to Apply for a Review
5. An application for a review of the Decision must:-
(a) be made in writing to the Chief Executive Officer care of the Reviewable Decisions Officer,
Development Assessment Branch, Noosa Shire Council, at the address shown on the front
of the compliance notice; and
(b) include the following information:
(i) your name and contact details; and
(ii) the SSL (short stay letting) / HHA (home hosted accommodation) application number;
and
(c) be accompanied by a statement of the grounds (reasons) on which you seek the review of
the Decision; and
(d) be supported by enough information to enable Council to decide the application.
Signature of authorised person of Noosa Shire Council
Name: Nick Boundford
Date of issue: 29th September 2025
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Non-Compliance with Conditions of Approval
LOCAL LAW NO. 1 (ADMINISTRATION) 2015 - PRESCRIBED ACTIVITY -
SHORT STAY LETTING OR HOME HOSTED ACCOMODATION
Part 2 Approvals for prescribed activities Section 19 Procedure for immediate suspension of approval
Section 11 - Compliance with Conditions of Approval (1) Despite section 18, the local government may immediately
(1) A holder of an approval MUST ensure each condition of the suspend an approval if the local government believes that
approval is complied with. continuation of the prescribed activity by the approval holder
Maximum penalty for subsection (1) – 50 penalty units poses—
Section 17 Grounds for amending, suspending or cancelling (a) an urgent and serious threat to public health or safety; or
approval (b) an urgent and serious risk of environmental harm, property
damage or loss of amenity.
Each of the following is a ground for amending, suspending or cancelling
(2) The suspension—
an approval—
(a) can be effected only by the local government giving a notice
(a) amendment, suspension or cancellation is necessary— to the approval holder about the decision to immediately
(i) for the protection of public health or safety; or suspend the approval, together with a show cause notice
(ii) to prevent environmental harm; or about proposed action under section 18; and
(iii) to prevent property damage or loss of amenity; or (b) operates immediately the notices are given to the approval
(iv) to allow for works on roads or local government controlled holder; and
areas; or (c) continues to operate until the earliest of the following
(v) to improve access to a road; or happens—
(vi) to improve the efficiency of vehicle or pedestrian traffic. (i) the local government cancels the suspension;
(b) another approval required for the prescribed activity under an (ii) the local government gives the approval holder notice
Act has been suspended or cancelled; under section 18(3) or (5) of its decision about the
(c) in undertaking the prescribed activity, the approval holder has show cause notice;
failed to comply with a local law or an Act; (iii) 14 days have passed since the expiry of the stated
(d) the approval holder has failed to comply with a condition of the time for the making of written submissions regarding
approval; the show cause notice;
(e) the approval holder has failed to comply with a notice under (iv) 14 days have passed since the approval holder
sections 26 or 27 that relates to the conduct of the prescribed notifies the local government that it has made its final
activity or has failed to comply with a stop order under section written submissions regarding the show cause notice.
29; Part 5 Enforcement
(f) the approval was granted because of a document or Section 26 Compliance notice for contravention of local law or
representation that was— approval condition
(i) false or misleading; or
(1) Subsection (2) applies if an authorised person is satisfied on
(ii) obtained or made in another improper way.
reasonable grounds that—
Section 18 Procedure for amending, suspending or cancelling
(a) a person—
approval
(i) is contravening a local law or a condition of an
(1) This section applies if the local government considers there is a approval; or
ground under section 17 to amend, suspend or cancel an approval (ii) has contravened a local law or a condition of an
(the proposed action). approval in circumstances that make it likely the
(2) Before taking the proposed action, the local government must give contravention will continue or be repeated; and
the approval holder a written notice (the show cause notice) (b) a matter relating to the contravention can be remedied;
stating— and
(a) the proposed action; and (c) it is appropriate to give the person an opportunity to
(b) the grounds for the proposed action; and remedy the matter.
(c) an outline of the facts and circumstances that are the basis of (2) The authorised person may give10 a written notice (a
the grounds; and compliance notice) to the person (the recipient) requiring the
(d) if the proposed action is suspension of the approval, the person to remedy the contravention.11
proposed suspension period; and (3) The compliance notice must state the following—
(e) that the approval holder may make written submissions, within (a) the particular provision of the local law or condition of an
a stated reasonable time of at least 21 days after the notice is approval the authorised person believes is being, or has
given, why the proposed action should not be taken. been, contravened; and
(3) If, after considering all submissions made within the stated time, the (b) briefly, how it is believed the provision of the local law or
local government decides that a ground no longer exists to cancel, condition of an approval is being, or has been,
amend or suspend the approval, the local government must take no contravened; and
further action about the show cause notice and give written notice (c) the time by which the recipient must remedy the
to the approval holder about the decision. contravention; and
(4) If, after considering all submissions made within the stated time, the (d) that it is an offence to fail to comply with the compliance
local government still considers there is a ground to take the notice; and
proposed action, the local government may— (e) the maximum penalty for failing to comply with the
(a) if the proposed action was to amend the approval—amend the compliance notice.
approval; or (4) The time under subsection (3)(c) must be reasonable having
(b) if the proposed action was to suspend the approval—suspend regard to—
the approval for no longer than the period stated in the notice; (a) the action required to remedy the contravention; and
or (b) the risk to public health and safety, the risk of damage to
(c) if the proposed action was to cancel the approval—amend the property or loss of amenity and the risk of environmental
approval, suspend it for a period or cancel it. harm posed by the contravention; and
(5) If the local government decides to amend, suspend or cancel the (c) how long the recipient has been aware of the
approval, the local government must give the approval holder an contravention.
information notice. (5) The compliance notice may also state the reasonable steps the
(6) The decision takes effect on the day the written notice mentioned in authorised person considers necessary to remedy the
subsection (3) or (5) is given to the approval holder, or if a later day contravention or avoid further contravention.
of effect is stated in the notice, the later day. Noosa Shire Council (6) The compliance notice must include, or be accompanied by, an
Local Law No. 1 (Administration) 2015 14 information notice.
(7) This section does not limit the power a local government may have (7) The recipient must comply with the compliance notice.12
apart from this section to amend, suspend or cancel an approval. Maximum penalty for subsection (7)—50 penalty units
Legislation References to non-compliance:
Acts Interpretation Act 1954, sections 39 and 39A, regarding the service of documents on a person.
Where a compliance notice is given to the owner of a property and requires action to be taken in relation to that property, then it will constitute a remedial notice under the Act, section 138(2).
See also sections 17(e) and 18 regarding the local government’s power to amend, suspend or cancel an approval where a notice is not complied with, and the Act, section 142, regarding the local
government’s power to enter property and take action that is required under a remedial notice.
State Penalties Enforcement Act 1999 sections 165 1(A) and 1(B) – Regulation making power and 166 - Registrar as administering authority etc and 170 - Issue of infringement notices by administering
authority.
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