2022-12-06 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                               6 DECEMBER 2022



3    SSL22/1774 - PLANNING & ENVIRONMENT COURT APPEAL NO D156 OF 2022 –
     APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
     SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 1/18 EDWARD ST,
     NOOSAVILLE
Author           Acting Manager, Development Assessment, Patrick Murphy
                 Environment & Sustainable Development
Index            ECM/ Application/ SSL22/1774/ Case/ Jarsash Pty Ltd
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 D156 of 2022 and approve the defence of the appeal.


REPORT
On 13 September 2022 Council officers under delegation refused an application under Council’s
Local Laws for the use of a single dwelling unit within a duplex at 18 Edward Street, Noosaville for
short stay letting for the following reasons:
1.   On 12 August 2014, the premises at 18 Edward Street, Noosaville was approved under the
     Noosa Plan 2006 for Multiple Housing Type 2 – Duplex, MCU14/0045.
     Under the provisions of the Noosa Plan, Multiple Housing Type 2 - Duplex did not allow for
     visitor or short term accommodation use of the premises.
     The use of 1/18 Edward Street, Noosaville for short term accommodation is currently unlawful
     and an approval under the local law cannot be issued for an unlawful use.
The applicant was also advised at the time that as the use of the premises for short term
accommodation was unlawful, 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 pursuant to the
duplex approval for the site and Council accepted these existing use rights through the rating of
the property.
The review concluded the following:
1.   The property has no development approval for Visitor Accommodation under the Noosa Plan
     2006 or Short Term Accommodation under the Noosa Plan 2020.
2.   The property was not used for short stay letting prior to the commencement of the Noosa
     Plan 2006 on 3 February 2006 and does not otherwise have the benefit of existing lawful use
     rights that would permit the short stay letting of the property more than 4 times and 60 nights
     per year.
3.   The site was approved as a Multiple Housing Type 2 – Duplex on 12 August 2014, this use
     does not allow for the premise to be used for short term accommodation. Short-term
     accommodation uses were separately defined by the Noosa Plan 2006 (Visitor
     Accommodation).


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