2022-12-06 Planning & Environment Meeting Agenda

GENERAL COMMITTEE MEETING REPORT                                             6 DECEMBER 2022


The review concluded the following:
The conversion of non-habitable floor space, such as garages, requires a building permit including
compliance with the Low Density Housing Code and onsite car parking requirements in the
Driveways and Parking Code. Council has no record of a building permit being issued for the works
and therefore the conversion of the garages to bedrooms underneath the house is not lawful. A
premises must be lawful at the time of commencement of short term accommodation to
demonstrate existing lawful use rights.
Your request for review has not provided any further supporting information to further demonstrate
the short term accommodation use was lawful at the time of its commencement, specifically
demonstration of a building permit for the works underneath the house.
On this basis the application made for the short term accommodation use of 5 bedrooms and 13
guests is refused.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court maintaining that the use of the premises for short stay letting
is lawful and whether building works are approved or not does not determine the lawful use of the
premises.
It is relevant to note that a number of complaints have been received about the operation of short
term accommodation from this property, relating to noise from large groups of people staying on
site.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Departments/Sections Consulted:
    Chief Executive Officer       Community Services                        Corporate Services
    Executive Officer             Director                                  Director
    Executive Support             Community Development                     Financial Services
                                  Community Facilities                      ICT
                                  Libraries & Galleries                     Procurement & Fleet
                                  Local Laws                                Property
                                  Waste & Environmental Health              Revenue Services

    Executive Services        x   Environment & Sustainable Development     Infrastructure Services
    Director                      Director                                  Director
    Community Engagement      x   Building & Plumbing Services              Asset Management
    Customer Service          x   Development Assessment                    Buildings and Facilities
    Governance                    Economic Development                      Civil Operations
    People and Culture            Environmental Services                    Disaster Management
                                  Strategic Land Use Planning               Infrastructure Planning,
                                                                            Design and Delivery




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