2022-12-06 Planning & Environment Meeting Agenda

GENERAL COMMITTEE MEETING REPORT                                            6 DECEMBER 2022



2    SSL22/0815 - PLANNING & ENVIRONMENT COURT APPEAL NO D136 OF 2022 –
     APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
     SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 365 DAVID LOW
     WAY, PEREGIAN BEACH

Author           Acting Manager Development Assessment Patrick Murphy
                 Environment & Sustainable Development

Index            ECM/ Application/ SSL22/0815/ Case/ Johnston

Attachments      Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 December 2022 in relation to Planning & Environment
Court Appeal D136 of 2022 and approve the defence of the appeal.


REPORT
On 24 June 2022 Council officers under delegation refused an application under Council’s Local
Laws for the use of a dwelling at 365 David Low Way, Peregian Beach for short stay letting for the
following reasons:
1.   A review of the Council’s records show that no building approval has been issued for the
     renovations undertaken in recent times to the dwelling, including conversion of the garages
     to bedrooms. The use of the property for short term accommodation therefore did not lawfully
     commence prior to the commencement of the Noosa Plan 2020 on 31 July 2020.
     The property does not meet the requirements of Schedule 21A – Operation of short stay
     letting or home hosted accommodation – section 4(b) of Subordinate Local Law No. 1
     (Administration) 2015 that the short stay letting can be lawfully conducted on the premises
     (i.e. is authorised by either a development approval, accepted development requirements in
     Noosa Plan 2020 or by lawful existing use rights).
The applicant was also advised at the time that as the use of the premises for short term
accommodation is not lawful, the use must cease within 6 weeks from the date of the refusal notice.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law, suggesting the property had existing use rights as the “work
done on this property has been internal plastering and bathroom updates and flooring. There has
been no structural work done inside or outside of the property and no work that would determine a
permit.
I have had working drawings done for a deck extension and new garage however none of this work
has been done. When this work does get done as a qualified builder I would always seek a permit
prior to doing this work.


Please reconsider this decision and grant the short stay permit. As it has been lawfully operated
for nearly 5 years.”


                                                                                    Page 11 of 33