2022-12-06 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                6 DECEMBER 2022


4.    The property does not meet the requirements of Schedule 21A – Operation of Short Stay
      Letting or Home Hosted Accommodation – section 4(b) & (e) 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).
5.    In terms of your submission regarding the tourism levy and rating, extracts from the rating
      notices are attached to the review which advise it is the owner’s responsibility to ensure an
      appropriate development approval is in place to operate the use under the planning scheme.
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.
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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