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2019-09-12 Special Meeting Agenda
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AGENDA
Special Meeting
Thursday 12 September 2019
commencing at 10.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
REPORTS
1 PROPOSED CHANGES CONSIDERED SIGNIFICANT TO NEW NOOSA PLAN FOR
FURTHER CONSULTATION 3
2 PROPOSED LOCAL LAW AMENDMENTS – SHORT STAY LETTING 18
3. LEGAL REVIEW AND ADVICE ON
COASTAL PROTECTION OVERLAY 53
MEETING CLOSURE -
Page 2 of 57
Section 3
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
1 PROPOSED CHANGES CONSIDERED SIGNIFICANT TO NEW NOOSA PLAN FOR
FURTHER CONSULTATION
Author Director Environment & Sustainable Development, Kim Rawlings
Index ECM/ Project: PSR01-Community Engagement /Subject: New Noosa Plan
Attachments 1. Proposed Zone Changes as a result of Submissions
(Note: This attachment is marked confidential – Not yet for Public Release
and will be distributed to Councillors separately to this agenda)
2. Proposed Zone Changes – Maps as a result of
Submissions
(Note: This attachment is marked confidential – Not yet for Public Release
and will be distributed to Councillors separately to this agenda)
3. Proposed changes to draft New Noosa Plan – ‘significant changes for
re-notification’ (provided separately to this agenda)
4. Proposed changes to draft New Noosa Plan – ‘significant changes for
re-notification’ – MAPS provided separately to this agenda)
5. Communication and Engagement outline for re-notification (provided
separately to this agenda)
EXECUTIVE SUMMARY
This report outlines the public notification and community engagement process undertaken on the
draft New Noosa Plan (draft Plan) during 2019. It provides an overview of the public submission
and notification process and highlights proposed changes that are significant changes warranting
re-notification of the draft Plan before finalising and submitting to the State government for
Ministerial approval. The significant changes are proposed in response to review of all properly-
made submissions received.
RECOMMENDATION
That Council note the report by the Director Environment & Sustainable Development to the
Special Meeting dated 12 September 2019 and:
A. Endorse the proposed changes to the draft New Noosa Plan outlined in Confidential
Attachments 1 and 2, and Attachments 3 and 4, considered significant, and undertake further
public notification of these changes for a period of 40 days in accordance with the Section
18(3) Notice from the Chief Executive Department of State Development Infrastructure
Manufacturing and Planning, regarding making a planning scheme under the Planning Act
2016;
B. Authorise the CEO to remove the confidentiality associated with Attachment 1 and 2 at
8.30am 16 September 2019, at which time public notification of the significant changes to
the draft New Noosa Plan begins;
C. Authorise the CEO to make minor changes to the draft New Noosa Plan prior to public
notification;
D. Note Attachment 5 outlining the proposed process and activities for public notification of the
significant changes to the draft New Noosa Plan.
Page 3 of 57
Section 4
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
REPORT
The purpose of this report is to outline the community consultation process undertaken on the draft
Plan and summarises the key issues raised in submissions.
The consultation process followed the Minister’s Guidelines and Rules for making and amending
planning schemes, particularly the Notice pursuant to section 18 of the Planning Act 2016 issued
by the Chief Executive in March 2018.
Numerous recommendations are made on changes to the draft Plan in response to submissions,
some of which are considered “significant” in accordance with Schedule 2 of the Minister’s
Guidelines and Rules under the Planning Act 2016 requiring further public consultation.
Further changes to the draft Plan, not dealt with in this report, are proposed in response to
submissions. These changes are not considered significant and will form part of the final changes
to the draft Plan following this next round of consultation.
1. Consultation Process to date
1.1. Public Notification & Engagement
Consultation on the draft Plan formally commenced Monday 18 February 2019, however Public
notification was given Friday 15 February in the Noosa News and the draft Plan was available
online from that day. The formal public notice was mounted in Pelican Place Council building in
Tewantin, as well as the main reception of Noosa Council at 9 Pelican St Tewantin, and at the
Level 2 Planning counter.
The consultation period in which submissions could be lodged officially ended on 20 May 2019,
comprising 3 months or 40 business days. It included the Easter holidays when many absent
owners were visiting Noosa.
Quite a number of submissions came in after that closing date and were still considered.
The draft Plan was accessible electronically through the Your Say Noosa website. Staff showed
customers how to navigate the site, read the electronic scheme, find their property on the mapping
platform and download fact sheets on places and issues. The main display at Pelican Place
Tewantin had a dedicated customer computer available to use for this purpose.
Hard copies of the draft Plan were also on display at Pelican Place and at both the Cooroy and
Noosaville libraries for the duration of the consultation period.
1.2. Direct Correspondence
From Friday 15 February letters were sent directly to the following:
owners of 1,603 properties proposed to have a zone change other than the direct transition
of zones (e.g. Detached Housing to Low Density Residential)
7,877 absentee owners, i.e. property owners with a service address away from Noosa Shire
50 consultants in the planning, design or development industry
20 community groups
14 local business network groups
Adjoining Councils and local members
Correspondence advised of the draft Plan, where to get further information and how to make a
submission. Letters to owners directly affected by a zone change were told of the zone change
proposed and owners were encouraged to contact Council to discuss and for further information.
Page 4 of 57
Section 5
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
1.3. Advertising & Media Releases
Extensive media advertising occurred through the consultation period. This included:
Local television and radio news coverage
Multiple media releases which lead to articles and editorials
Paid feature ads in Noosa News, Noosa Today, Cooroy Rag and Cooroora Connect
Television commercials through Channel 7 Sunshine Coast
Stories around short term letting of holiday homes particularly received attention with multiple
articles in local newspapers as well as Sunshine Coast Daily and the Brisbane Times.
Various letters to the editor during the consultation period also occurred regularly.
1.4. Website and Your Say Noosa
The draft Noosa Plan was available for viewing on Council’s website via Your Say Noosa website.
This page also provided over 20 fact sheets on key topics in the Noosa Plan including:
The various towns and villages addressed in Local Plans
Rural and Rural Residential areas
Centre Zones
Industry Zones
Dwelling Houses
Working from Home
Use of Residential Properties for small scale visitor accommodation
Tourist Accommodation
Food and Beverage businesses
Biodiversity, Waterways and Wetlands Overlay
Flooding, coastal hazards and climate change
Overlays and Subdivision
The Local Government Infrastructure Plan (LGIP)
A series of short video clips were also developed on the following topics:
Starting new businesses
Housing choice
Rural Areas
These clips were used in social media posts, available on Council’s website and formed part of the
TV ad campaign.
1.5. Social Media
During the course of the consultation period regular posts were put on Council’s Facebook page
highlighting changes in the draft Plan and promoting “pop-up” sessions. Statistics indicate
Facebook ads reached 34,048 people and 16,763 people watched at least 75% of the video.
Individual Councillors used their own pages to raise awareness of the plan. The draft Plan also
received substantial attention on other social media sites such as the Noosa Community Notice
Board and led to at least one community of interest page dedicated to the draft Plan.
Page 5 of 57
Section 6
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
1.6. Dedicated Customer Service Office
The permanent display for draft Plan was housed in Pelican Place, 3 Pelican Street Tewantin (two
doors down from Council’s Chambers). The display was staffed 8:30am to 5:00pm Monday to
Friday for the duration of the public notification period. Note that the display was not open during
the four public holidays that fell during that period, nor did those days contribute to the calculation
of the consultation period.
High numbers of people came to ask questions of staff with 775 walk-in enquiries recorded. A
further 625 phone enquiries were received and 120 email enquiries.
1.7. Talk to a Planner “pop-ups”
Strategic Planning staff, accompanied by Councillors, attended “pop-up” information sessions
where people could come and talk to a Planner about the draft Plan and receive more information
on how it may affect them, their neighbourhood or their property. These were widely advertised
and attendance varied from 13 at Kin Kin to 120 at the Noosaville library.
DATE LOCATION TIME
Tuesday 26 February 2019 Digital Hub, Peregian Beach 10am-1pm
Thursday 28 February 2019 Community Hall, Kin Kin 10am-1pm
Tuesday 5 March 2019 Library, Cooroy 9am-12pm
Thursday 7 March 2019 The J, Noosa Heads 3.30pm-6.30pm
Tuesday 12 March 2019 Lake Cootharaba Sailing Club, Boreen Point 9am-12pm
Thursday 14 March 2019 Memorial Hall, Cooran 10am-1pm
Tuesday 19 March 2019 Community House, Pomona 3pm-6pm
Thursday 21 March 2019 Library, Noosaville 3pm-5.30pm
1.8. Additional Information / Q&A Sessions
As well as the general community pop-ups, targeted briefings and information sessions were held
with special interest groups. These included:
Environment groups
Social service providers
Business Associations and Tourism Noosa
Planning & Development Consultants
Real Estate Visitor Accommodation Managers
Staff attended some other community meetings where possible upon request.
1.9. Opportunities to Make a Submission
There were various ways people could have a say on the draft Plan:
by writing a letter or sending an email to Council;
by making a submissions electronically through the Your Say Noosa website; or
by filling out hard copy submission forms and dropping them in a box at any of the permanent
or roaming scheme displays.
2. Summary of Submissions
Council received 938 unique submissions on the draft Plan. The vast majority were from
individuals, with a few from groups or organisations.
Page 6 of 57
Section 7
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
Nearly all submissions were either emailed or submitted electronically through the Your Say Noosa
website. Only a small number were received in hard copy.
The issue most frequently raised by submitters was short term accommodation and specifically the
ability to let a residential property, be it a home or an investment property, to short term guests.
Property investors and businesses reliant on this income stream made up the bulk of these
submissions but there were also a large number from residents already affected by adverse
impacts of short term accommodation in their residential neighbourhoods, seeking better
management of these issues and objected to any encouragement or legitimising of the short stay
letting trend.
Application of the Tourist Accommodation Zone to sites and areas predominantly used for tourism
accommodation also resulted in many submissions with some property owners objecting to the
application of the tourist accommodation zone, and some resort operators requesting the Tourist
Accommodation Zone be applied to their sites.
Coastal Protection and the coastal building line were of interest to many submissions and there
were a large number of pro-forma submissions relating to the Peregian Beach Surf Club and its
future.
A number of site specific rezoning requests were received, some submitters queried the application
of overlays on their property and a number of submissions were received with regard to various
issues in centres and hinterland towns.
3. Significant Changes Arising Out of Submissions
The Minister’s Guidelines and Rules requires that if Council changes the draft Plan such that it is
considered significantly different to the version released for public consultation, Council must
repeat the public consultation process, but may limit the public consultation to only those aspects
of the draft Plan that have changed.
Staff have read and reviewed all submissions and sorted them into geographical areas or themes.
Workshops with Councillors have occurred throughout August to work through submissions and
potential responses with Councillors. This report is primarily focussed on proposed changes
considered significant and subject to further public notification.
In considering the proposed changes and what effect they have on land use outcomes and
assessment requirements on certain types of development, it is considered that readvertising is
necessary for any of the following:
- Removal of maps from the draft Plan, or addition of new maps
- A change in zone
- An increase in level of assessment or whether a use is made consistent or inconsistent
- A policy change or a change where a significant area of the Shire is covered
Given response to some submissions has resulted in a range of recommended changes to the
draft Plan some of which are considered significant, it is determined that those changes require re-
notification.
3.1 Approach Taken to Short Term Accommodation
There are currently a great many holiday let homes and while many are of little or no concern to
neighbours, some are having a significant impact on the residential amenity within their setting,
particularly those that accommodate larger numbers of guests (i.e. over 8 people) and particularly,
but not exclusively those that are remotely managed, without a local person responsible for the
action of guests or managing the property.
Page 7 of 57
Section 8
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
Protecting the residential amenity of residential neighbourhoods is an important issue raised by
many people and Council’s planning framework seeks to achieve this, over considerations of
economic return from short term letting. Further, the residential amenity of each and every
community within the Shire is of equal value.
For these reasons, it is recommended the Short Stay Area Maps and any reference to them be
removed from the draft planning scheme and a different approach be pursued for managing short
term letting of dwellings where the host is not in residence, (remembering that where the host is in
residence and they let out only rooms within their home it is likely to be a home based business
and not subject to these considerations).
To date, the short term letting of a whole house has not been regulated through the planning
scheme. Legal advice has been obtained that indicates that everybody who has commenced this
use ( short term letting) and can demonstrate a consistent use over a reasonable time period will
enjoy existing use rights (which tie to the property and not the owner). This already represents a
large number of properties offering this option for guests (potentially in excess of 2,000 - 2500),
and most of the submitters objecting to a restriction on short term letting will fall into this category
and have existing use rights and therefore will not require planning approval under the New Noosa
Plan.
In light of the new use definition of Short Term Accommodation in the draft Plan and the quantity
of existing short term accommodation available and those that will have existing use rights, it is
proposed that new short term letting of whole houses or units, where the owner is not in residence,
should require approval under the New Noosa Plan once finalised and gazetted.
A separate report to Council also recommends the adoption of a local law to manage operational
aspects of short term accommodation such as those to do with noise, overcrowding and car
parking. However whether the land use is appropriate or not moving forward, still needs to be
addressed in the planning scheme.
It is recommended that where the use is a new use of short term accommodation, that it be
assessable development in all residential zones and subject to the following levels of assessment:
ZONE PROPOSED LEVEL
OF ASSESSMENT
Low density residential zone: Consistent Impact
Medium density residential zone: Consistent Impact
High density residential zone: Consistent (except for where located
adjacent to or over the road from the Impact
Major Centre Zone)
Tourist accommodation zone: Consistent Code
Rural residential zone: Consistent Impact
Rural zone: Consistent Code if > 4ha or
Impact if < 4ha
The exception to this would be where a property is the principal place of residence for local
residents and they choose to make their home available to short term guests on no more than 4
occasions a year and for no more than a total of 60 nights in a year. Example: A resident goes
away for the Christmas holidays and lets their property out for a couple of weeks, or over a long
weekend. Under these circumstances, the use would be accepted development, with no planning
application required. This scenario is common and many of the submitters are captured in this
scenario, where no planning application is required.
Page 8 of 57
Section 9
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
3.2 Zone Changes
After considering submissions it is proposed to make further changes to the Zone maps. These
proposed changes address private properties and therefore are included in Confidential
Attachment 1 to this report. Following Council’s resolution and on the same day the changes to
the draft Plan are released, the confidentiality around these properties can be lifted. Each property
owner subject to these changes will be notified.
3.3 Centres and Industry
After considering submissions it is proposed to make the following changes to the Centre and
Industry Zones:
Major Centre Zone:
For Noosa Business Centre a number of submissions relating to significant changes to the draft
Plan include changes to:
proposed land zoning along the western side of the centre with the Major centre zone
extending further south to allow for a site under single ownership to be under one zone for a
more integrated development as well as reflecting future land use;
remove the Small Scale Business Precinct after the consideration of the location and viability
of this type of development in the major centre. It was considered to be better placed where
it is currently occurring in Gateway Drive. (Refer to Industry Section of this report) and
replacing this with the Business Park and Showroom precincts with corresponding limited
increase in retail gross floor area;
the western end of the High Density Residential precinct along the northern side of Hofmann
Drive amended to Business Park Precinct in response to concerns raised from exiting
industry businesses and potential for reverse amenity impacts from having housing so close;
the reconfiguration of the Village Mixed Use Precinct boundaries to enable more active
frontages along the eastern side of the proposed main street and corresponding
reconfiguration of the adjoining High Density residential precinct. There have also been some
amendments to setbacks and amenity provisions for High Density Residential Precinct.
Proposed changes to Noosa Business Centre:
amend ZM-12 to include sites at 36-40 Hofmann Drive as Major Centre Zone;
remove the Small Scale Business Precinct (5A) from 2-10 Hofmann Drive and replace it with
Showroom Precinct (5C) along the northern boundary. The remainder of the site as well as
36-40 Hofmann Drive be included in the Business Park Precinct (5B);
amend the western corner of the High Density Residential Precinct (5F) on the northern side
of Hofmann Drive to be Business Park Precinct (5B);
reconfigure the Village Mixed Use Precinct (5E) to extend further along the eastern side of
the proposed new main street and extend the primary active street frontage. Reconfigure the
adjoining High Density Residential precinct accordingly (5F) as shown on Figure 1 below;
Page 9 of 57
Section 10
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
Figure 1: Noosa Business Centre Framework and Character Plan
amend the Noosa Business Centre framework and Character Plan Figure 7.2.4.5 to reflect
the above;
increase the Gross Floor Area retail cap for the addition to the Showroom Precinct at 2-10
Hofmann Drive (Lot 1 SP222982 and Lot 4 SP246584) to a combined total of 3,500m²;
reduce the front setbacks in the High Density Residential Precinct from 10m to 8m for the
third storey to allow for passive surveillance to the street;
Include additional amenity provisions for the High Density Housing Precinct to consider noise
from adjoining centre activities in Table 6.4.1.3 Additional Provisions for the Noosa Business
Centre Precincts.
Proposed change to Noosa Junction:
For Noosa Junction submissions relating to significant changes included car parking rates for
offices to increase viability of redevelopment, more flexible motorcycle parking rates and the
restriction of some uses along the northern side of Bottlebrush Avenue to reduce potential amenity
impacts on adjacent residential development. The following amendments are proposed to address
these submissions:
amend the consistent uses for the southern side of Bottlebrush Ave in the Major Centre Zone
to reflect uses similar to the Health and Wellbeing Precinct in Noosaville to reduce any
potential amenity impacts on adjoining and adjacent residential areas;
amend the car parking rate for offices in Noosa Junction to one space per 20m² for the ground
floor; and one space per 30m² for the second and third floors;
include a provision to allow for the substitution of motorcycle spaces for car spaces as per
the current Noosa Plan.
Proposed changes to Industry Zones:
Submissions received which related to significant changes included allowing for caretaker’s
accommodation to be considered as code assessment rather than impact assessment; more
flexibility in the Venture Drive Enterprise Precinct to allow for new business models with
Page 10 of 57
Section 11
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
complementary uses and the introduction of a new precinct in the Low Impact Industry Zone being
Gateway West Makers Precinct. This precinct reflects the small nature of business in this location
as well as the flexibility in allowing for start-ups, creatives and service trade industries as well as
complementary uses to reflect new enterprise models. Changes also include the removal of a site
from the Venture Drive Enterprise Precinct and changes to the table of Assessment for Medium
Impact Industry.
amend the table of Development Assessment for both Industry Zones Table 5.5.9 and Table
5.5.10 to make caretaker’s accommodation code assessment subject to the following
requirements:
o have a gross floor area no greater than 65m²; and
o on a site with an area of at least 2,000m² or is not located within 100 metres of any
other caretaker's accommodation.
Previously caretaker’s accommodation in both industry zones was consistent Impact and
now is proposed to be code subject the requirements or inconsistent impact.
amend the Venture Drive Industry Precinct to permit an additional 10% complementary use
as part of the overall 40% that can be ancillary to the industrial business. This is to cater for
more flexible business models which are occurring in industrial areas.
include the western side of Gateway Drive including 64 Gateway Drive in a new industry
precinct called Gateway West Makers Precinct in the Low Impact Industry Zone. This will
also include appropriate provisions in the Low Impact Industry Code and a new Table of
Assessment 5.5.9.5 for the precinct as shown in Figure 2.
Figure 2: Gateway West Makers Precinct
Page 11 of 57
Section 12
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
make the default position for development not listed or not meeting the descriptions listed in
the categories of development as inconsistent impact rather than code for the Medium Impact
Industry Table 5.5.10
remove the northern portion of 178 Eumundi Noosa Road (Bunnings) from the Venture Drive
Enterprise Precinct as requested as shown in Figure 3
Figure 3: 178 Eumundi Noosa Road, Noosaville
3.4 Overlays
The purpose of the Overlays maps is to identify important biophysical features, values or
constraints and provide assessment criteria within the overlay codes. They change the level of
assessment in the tables of development for some land uses and this varies depending on the
overlay. The Overlays relate to:
Biodiversity, Waterways and Wetlands including riparian buffers
Agricultural land conservation
Flood hazards
Coastal protection areas for coastal erosion and scenic amenity
Bushfire hazards
Acid sulfate soils
Landslip hazards
Regional infrastructure
Extractive resources
Heritage values.
Concerns raised in the submissions relevant to the overlays related to the extent/accuracy of the
overlay mapping and its impact on the ability to develop or use land within the overlay area. The
majority of these submissions were about the Coastal Protection Overlay, Biodiversity, Waterways
and Wetlands Overlay, and the Flood Hazard Overlay. A small number related to the Agricultural
Land Overlay and Riparian Buffer Overlay. In the majority of cases, property owners sought a
reduction in the extent of the overlay. All of these submissions have been considered and assessed
some of which have resulted in changes to mapping and overlays that are considered significant
however majority are small changes and are not the subject of this report but will be incorporated
into the final Noosa Plan.
Page 12 of 57
Section 13
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
a) Biodiversity, Riparian Buffers and Agricultural Land
Submissions were received in relation to the Area of Biodiversity Significance and the
Riparian Buffer Areas mapped as part of the Biodiversity, Waterways and Wetlands Overlay,
as well as the mapped Koala Habitat Areas and Ecological Linkages. Submissions related
to the extent of the native vegetation mapped as compared to actual vegetation on site and
the width of Riparian Buffers, with submitters mainly seeking a reduction in these areas.
Submissions received in relation to the Agricultural Land Overlay sought to have the mapped
area increased to reflect the cleared areas on the rural properties and the agriculture use of
those areas. In one case, a submitter requested the mapping to be removed.
In response to submissions, the biodiversity, riparian buffer and agricultural overlay maps
were reviewed by a qualified ecologist who considered available information for the individual
properties, and attended site visits where possible. The ecologist made recommendations
for minor mapping changes for some properties to correct mapping errors. Many of these
changes are not significant and do not require readvertising however will be incorporated
into the final scheme.
The riparian buffers along various waterways have been also amended to ensure the buffer
widths do not reduce the area of protection currently afforded by the current Noosa Plan.
Consequently, for some waterways the riparian buffers have reverted back to the buffer
widths mapped in the Noosa Plan 2016. The mapping has been corrected for a number of
properties. This change is shown in attached maps – Attachment 4.
b) Coastal Erosion
Council received 29 submissions in relation to the Coastal Protection Overlay, as well as 127
form letters. The following changes have been made as a result of submissions:
Clarify purpose and intent of the coastal protection overlay.
Rename to Coastal Protection and Scenic Amenity Overlay.
Remove local coastal building lines from the overlay maps. References to the State
government coastal building lines on the mapping and in the overlay code have been
retained.
In addition to the above, submissions from Building certifiers raised some issues with the
triggers in the Tables of Development Assessment for the Bushfire, Landslide and Flood
Hazards Overlays which increased the levels of assessment from Accepted development
subject to requirements to code which was not intentional. These have been reviewed and
amended to reflect the required levels of assessment.
3.5 Other Significant Changes
a) The definition of small dwelling has been amended to be a dwelling that has no more than
100m² of gross floor area. Previously it was a maximum GFA of 90m².
b) The Medium Density Residential Zone code will be revised to correct an omission and include
the same setback requirements of 4.5m for the Noosa Waters revetment wall that appear in
the Low Density Residential Zone Code, so they apply to Sunseeker Close and Noosa
Entrance complex.
c) To ensure development and land uses within an identified Resources Processing Area,
Separation Area, Transport Route or Transport Separation Area won’t impede the extraction
of resources, and to create consistency with the State Planning Policy, Table of Assessment
5.9.5 Extractive Resource Overly will be amended. The amendment will require code
assessment against the Overlay Code of extractive industry, reconfiguring a lot and a
material change of use (other than in an existing building, a dwelling house on an existing
lot, community residence on an existing lot, caretakers accommodation associated with
extractive industry, home based business, animal husbandry or cropping), on land affected
by the Overlay.
Page 13 of 57
Section 14
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
d) Within Part 9.5.1 Reconfiguring a Lot Code the following wording of AO5.1 will be reworked
as a Performance Outcome rather than an acceptable outcome to provide clear minimum lot
size requirements to be met. “Except where otherwise specified in a local area code, all new
lots comply with the minimum lot size and the minimum average lot size specified in Table
9.5.1.4 Minimum lot size and dimensions.”
e) Removing the words “or 800m2 for rear (battle-axe) lots” where they appear in the minimum
lot size table for Low Density Residential because it is in conflict with provisions elsewhere
in the Reconfiguring a Lot Code that says “The minimum area of the rear lot, exclusive of
any access strip, complies with the lot reconfiguration outcomes in Table 9.5.1.4 Minimum
lot size and dimensions providing that no rear access lot has a lot size less than 600m2
exclusive of access strip”.
f) Amend the zoning on certain sites from Tourism Accommodation zone to Medium Density
Residential and in other cases from Medium Density Residential to Tourist Accommodation
zone as indicated in Confidential Attachments 1 and 2.
4. Public Notification Process on Significant Changes
In proposing any significant changes to the draft Plan, Council must ensure the draft Plan continues
to appropriately integrate and address relevant state interests. Staff are satisfied that the proposed
changes continue to appropriately integrate state interests.
Due to significant changes, Council must repeat public consultation on the revised draft Plan but
may limit consultation to only those aspects of the draft Plan that have changed. The consultation
period must be for at least 40 business days. Therefore, public notification will occur on Friday 13
September and the consultation period will continue through to 11 November 2019.
5. Response to Submissions
Council is required to consider all properly made submissions. All submissions not dealt with by
this report and not resulting in significant changes remain valid. Following the re-notification of the
significant changes and the consideration of any additional submissions, one combined
consultation report will be prepared for Council’s consideration in determining the final content of
the draft Plan (estimated to be the end of November).
The consultation report will be made available so that submitters can see how there submissions
were considered and any associated changes made to the scheme. It will also be made available
in hard copy and published online.
Previous Council Consideration
In December 2015, Council considered a report that provided an overview of the timeline, resource
requirements, estimated budget and other considerations for undertaking a new planning scheme
project. Consequently, budget provision was made for preparing the new scheme and assembling
a project team.
Ordinary Meeting, 17 December 2015, Item 3, Page 7
That Council note the report by the Special Projects Officer and Director, Planning & Infrastructure
to the Planning & Organisation Committee Meeting dated 8 December 2015 and:
A. Note the draft project brief for the new planning scheme project; and
B. Authorise the CEO to make an application to the Minister for an extension of time to amend
Council’s Priority Infrastructure Plan in accordance with the Local Government and Other
Legislation Amendment Act (No. 2) 2015 amendments to the Sustainable Planning Act
(2009) (SPA) sections 997, 979, 983 and 996.
Page 14 of 57
Section 15
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
In September 2016, Council resolved to prepare a new planning scheme. The resolution was made
and acted upon pursuant to the Sustainable Planning Act 2009.
Ordinary Meeting, 15 September 2016, Item 5, Page 8
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 6 September 2016 in relation to the proposal to prepare a
New Planning Scheme and:
A. Endorse the document The Noosa Plan 2006 - Ten Year Review as provided at Attachment
1 to the report;
B. Propose to prepare a new Planning Scheme for the whole of Noosa Shire;
C. Authorise the Chief Executive Officer to prepare a Statement about State Interests; and
D. Advise the Minister of this decision.
In November 2017 Council resolved to make a new Planning Scheme under the new Planning Act
2016.
Ordinary Meeting, 16 November 2017, Item 2, Page 4
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 7 November 2017 and:
A. Discontinue preparation of the new Planning Scheme under the Sustainable Planning Act
2009;
B. Propose to make a new Planning Scheme for the whole of Noosa Shire under the Planning
Act 2016;
C. Advise the Minister of this decision;
D. Authorise the Chief Executive Officer to prepare an amended Statement about State
Interests and to consult with the Chief Executive of the Department about the matters to be
included in the notice under Section 18 of the Planning Act; and
E. Adopt the Draft Communications Strategy (Summary) as set out in Attachment 2 to the report
in principle and request that Chief Executive Officer provide a further report to the Council
regarding a detailed community consultation activities plan at the time the Council re-
considers the draft planning scheme following the first state interest review.
In May 2018 Council endorsed the proposed new Planning Scheme for the purpose of State
Interest review.
Special Meeting 29 May 2017, Item 2, Page 2
That Council note the report by the Planning Scheme Project Manager to the Special Meeting
dated 29 May 2018 regarding the proposed new Planning Scheme and:
A. Endorse the proposed new planning scheme for the purpose of a state interest review;
B. Give notice to the Chief Executive of the Department of State Development, Manufacturing,
Infrastructure and Planning of this decision;
C. Authorise Council’s Chief Executive Officer to consult with the Chief Executive of the
Department of State Development, Manufacturing, Infrastructure and Planning about issues
arising from the state interest review and to prepare consequential amendments to the
proposed planning scheme for Council consideration;
D. Authorise Council’s Chief Executive Officer to undertake minor edits to the proposed
planning scheme including to correct any anomalies; and E. Note that a further draft of the
planning scheme will be presented to Council following the state interest review for the
purpose of endorsement for community consultation.
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
In February 2019 Council endorsed the Draft New Noosa Plan for the purposes of public
consultation.
Special Meeting, 14 February 2019, Item 2, Page 3
That Council note the report by the Principal Strategic Planner to the Special Council Meeting
dated 14 February 2019 and:
A. Endorse the draft planning scheme (Draft New Noosa Plan) provided at Attachment 1, for
the purpose of public consultation from Friday 15 February 2019 until Monday 20 May 2019;
B. Authorise the CEO to remove the confidentiality associated with Attachment 1 at 8.30 am
Friday 15th February at which time the formal statutory public notification of the draft planning
scheme begins; and
C. Endorse the Community Engagement Plan provided at Attachment 2, which outlines the
program for engaging with the community on the draft scheme.
Finance
The preparation of the draft Plan follows a statutory procedure and tailored instructions from the
State. The preparation of the draft Plan has involved a dedicated project team, technical
consultants and legal and peer review processes, as well as extensive community engagement as
summarised in this report. Council has made a significant financial investment in this process.
Delays during the first state interest review and now a further public consultation process will
extend some project costs.
Risks & Opportunities
The current Planning Scheme, while amended numerous times, dates back to 2006 and was
written in accordance with the Integrated Planning Act. It is imperative that a new Planning
Scheme, which is not only compliant with the Planning Act 2016, reflective of revised State
Planning Policies and responds to current trends and challenges, be adopted.
The public notification of the draft Plan resulted in significant community input and submissions.
Consideration of all submissions has resulted in a number of proposed changes to the draft Plan,
some of these constitute ‘significant’ changes and could result in further submissions. It is both a
requirement of the statutory process for making a planning scheme and good practise to re-exhibit
those changes considered significant.
Other changes that are proposed in response to submissions and to improve the draft Plan, that
are not of a scale or considered material or significant, will be incorporated into the finalisation of
the draft Plan following the re-notification of the significant changes.
Consultation
External Consultation - Community & Stakeholder
This report brings forward the results of community consultation on the draft Plan and makes
recommendations on a number of changes considered significant requiring re-notification in
response to submissions.
Individual and groups who have made submissions to date should be reassured that all issues
have been considered and there is no requirement for a further submission to be made on the
same issue. Submissions relating to the significant changes subject to re-notification will only be
considered in this next round of consultation.
Internal Consultation
Various Sections of Council have been consulted in the preparation of the draft Plan. These
conversations continue and feedback from all parts of Council will help refine the draft Plan.
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Section 17
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer Director Director
Executive Support X Community Development Financial Services
X Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property
X Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
Director X Director Director
X Community Engagement X Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance X Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
X Strategic Land Use Planning X Infrastructure Planning,
Design and Delivery
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Section 18
SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
2 PROPOSED LOCAL LAW AMENDMENTS – SHORT STAY LETTING
Author Planner, Glen Conforti
Environment and Sustainability Department
Index ECM / Subject / 37.15 Local Law No 1 Amendments – Short Stay Letting
Attachments 1. Administration (Amendment) Local Law (No. 2) 2019
2. Administration (Amendment) Subordinate Local Law (No. 2) 2019
3. List of likely anti-competitive provisions
4. Dwelling house flow chart for short term accommodation
5. Plain English version of the Local Law amendments
EXECUTIVE SUMMARY
Short term accommodation is proposed to be regulated by Council’s Local Law No. 1 and
Subordinate Local Law No.1, in conjunction with the draft Planning Scheme (New Noosa Plan).
The Planning Scheme would regulate the land use of short term accommodation while the
proposed Local Laws would regulate the operation of short term accommodation.
A new prescribed activity, the operation of short stay letting, is proposed where short term
accommodation premises must seek approval annually. A fee of $100 is proposed for the approval
which is proposed to be waivered for applications submitted within the first 6 months after the start
date of the proposed Local Law. On-site managed unit complexes where the unit is in that letting
pool would be exempt from needing the Local Law approval.
The proposed Local Law requires a contact person, who resides within 20 minutes of the premises
to be responsible for management of the property 24 hours 7 days per week and a sign placed at
the front boundary stating the person’s name and phone number.
The proposed subordinate Local Law has an embedded code of conduct which sets out
requirements for the guests. The code of conduct includes provisions such as a maximum number
of occupants on-site, restrictions on the use of outdoor areas, ensuring carparking is on-site and
waste bins are placed and removed from the kerbside at the appropriate times.
Importantly, short stay letting under the local law does not include hosted short term
accommodation such as a bed and breakfast or rural cabins. Home hosted includes when the
property owner is on site and lets out a bedroom or studio for short term letting. Home hosted does
not require approval under the local law.
RECOMMENDATION
That Council note the report by the Planner to the Special Meeting dated 12 September 2019
regarding Proposed Local Law Amendments – Short Stay Letting and:
A. Propose to make:
1. Administration (Amendment) Local Law (No. 2) 2019 as provided at Attachment 1; and
2. Administration (Amendment) Subordinate Local Law (No. 2) 2019 as provided at
Attachment 2;
B. In accordance with Council’s Local Law Making Policy:
1. Consult with relevant government entities about the overall State interest in
Administration (Amendment) Local Law (No. 2) 2019 in accordance with the Local
Government Act 2009 (“the Act”), section 29A(3) and delegate authority to the Chief
Executive Officer to make changes in response to State comments; and
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
2. Consult with the public about Council’s proposal to make Administration (Amendment)
Local Law (No. 2) 2019 and Administration (Amendment) Subordinate Local Law
(No. 2) 2019;
C. Pursuant to section 257 of the Act, delegate to the Chief Executive Officer its powers under
section 38 of the Act and section 15 of the Local Government Regulation 2012 to decide—
1. How the public interest test of Administration (Amendment) Local Law (No. 2) 2019
contained in Attachment 1 and Administration (Amendment) Subordinate Local Law
(No. 2) 2019 contained in Attachment 2 is to be conducted; and
2. The matters with which the public interest test report in relation to the local law and
subordinate local law must deal; and
3. The consultation process for the public interest test and how the process is to be used
in the public interest test;
D. Waiver the proposed application fee for a short stay letting approval under the proposed
Local Law for a period of 6 months starting from the date of commencement of the Local Law
for short stay letting.
REPORT
The purpose of this report is to propose Administration (Amendment) Local Law (No.2) 2019 and
Administration (Amendment) Subordinate Local Law (No.2) 2019 as provided at Attachments 1
and 2 for endorsement by Council and for the purpose of state interest check, public consultation
and the preparation of a public interest test plan.
The numbering (No.2) of the proposed amendments and the numbering of the proposed Schedule
21A contained in Subordinate Local Law No.1 follow the guidelines referred to in section 29 of the
Local Government Act 2009. The amendments are numbered No. 2 because these are the second
amendments to Council’s Local Laws in 2019, the first being for advertising devices. For example,
should Council decide to amend a local law again in 2019, the amending local law would be
identified as Administration (Amendment) Local Law (No.3) 2019.
For clarity, this report proposes to amend:
1. Council’s existing Local Law No.1 (Administration) 2015 to include another prescribed
activity, relevant definitions and other required sections to include short stay letting; and
2. The relevant sections of Subordinate Local Law No. 1 (Administration) 2015 including a new
Schedule 21A being for the operation of Short Stay letting.
The proposed prescribed activity under the Local Law is ‘Short stay letting’ as opposed to the
Planning Act 2016 use of ‘Short term accommodation’. The purpose of the different terminology is
to clearly distinguish between the land use subject to the draft Planning Scheme and the operation
of the land use subject to the Local Law.
The proposed definition of Short stay letting –
Short stay letting —
(a) means the provision, or making available, of premises for use by 1 or more
persons, other than the owner of the premises, for less than 3 consecutive
months; but
(b) does not include—
I. shared facility accommodation; or
II. the provision, or making available, of premises for use by 1 or more
persons, other than the owner of the premises, if the owner of the premises
occupies the premises during the period of use of the premises by the
persons other than the owner
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
Furthermore, the operation of short stay letting means the provision, or making available, on a
commercial basis, of short stay letting.
Importantly, short stay letting under the local law does not include hosted short term
accommodation such as a bed and breakfast or rural cabins. Home hosted includes when the
property owner is on site and lets out a bedroom or studio for short term letting. Home hosted does
not require approval under the local law.
1 Background
Noosa Shire has a long history of holiday houses and units which were generally clustered around
the coastal, lakes and river areas. Traditionally, houses and units were mostly either left vacant or
rented out to holiday makers between owner/family/friend stays.
While this situation continues, over time and partly as a result of the ease of renting short term
accommodation created by well-known online booking platforms, houses and units have been
purchased as commercial investments purely for the short term accommodation rental pool and in
some cases absentee owners managing the premises. This has significantly contributed to an
increase in and a ‘creep’ of short term accommodation into some traditional permanent residential
neighbourhoods. Given that some of these properties are poorly managed, and without regulation,
negative impacts have occurred to surrounding residents.
It is not the purpose of this report to outline the impacts of online booking platforms, but the impacts
are well known globally, which Noosa Shire is not immune to. However, some of the planning and
use issues associated with the ‘creep’ of short term accommodation into residential areas include,
but are not limited to, loss of amenity, potential loss of sense of place, residential displacement
and effects on housing choice and affordability. There is generally a clear distinction between the
amenity expectation of a permanent resident and that of a visitor.
While the draft Planning Scheme proposes to regulate the land use (short term accommodation),
the operation of short term accommodation is proposed to be regulated by amending Council’s
Local Laws to include a new prescribed activity, being the operation of short stay letting.
The Local Law can effectively regulate the operation of short stay letting and efficiently address
complaints and operational impacts. In this regard, the Local Law is framed in a way which requires
the owner or a ‘contact person’ to be responsible for the operation of the property and are the first
point of call. This places the responsibility on the owner or contact person to uphold the approval
conditions. Should the conditions not be met, then Council can take appropriate action.
Many properties that have been used consistently for short stay accommodation will have existing
land use rights, this means that they will not require an approval under the planning scheme.
However, those dwelling houses and multiple dwellings with existing lawful use rights will still need
Local Law approval from the time of Local Law gazettal. This is a new process for these properties
and is proposed to ensure properties used for short term letting are appropriately managed and
minimise or eliminate the associated impacts on residents and residential neighbourhoods.
Dwelling houses and multiple dwellings with lawful existing land use rights are not subject to the
new draft planning scheme provisions for short term accommodation. The superseded planning
schemes did not contemplate the influx of short term accommodation that has occurred and as
such do not sufficiently address issues associated with the use. Without the new Local Law,
existing short stay letting premises would largely remain unregulated. It has become clear through
the draft Planning Scheme consultation process that this issue needs to be managed and many
people in the community indicated to Council a desire for greater and better management of short
stay letting particularly in residential neighbourhoods.
2 Existing Lawful Use Rights
While many short term accommodation premises will require a Local Law approval for short stay
letting, most short term accommodation will not require a planning approval because Chapter 7,
Part 1 of the Planning Act 2016 protects the lawful use of premises when there is a change to a
planning instrument (e.g. a new planning scheme). It should be noted that existing lawful use rights
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
live with the property and not with the owner. For example, the premises may change owners and
the use rights remain.
Council sought legal advice to ascertain existing lawful use rights of premises.
The following outlines existing lawful use rights for particular residential uses.
2.1 Dwelling houses
For a dwelling house to have existing lawful use rights, at a minimum, a demonstrated consistent
pattern of short term accommodation use or availability for all or part of the calendar year
immediately prior to the gazettal of the draft Planning Scheme is necessary.
It is proposed a consistent pattern means it can be demonstrated that the dwelling house has been
available for or used for short term accommodation for more than 4 occurrences spread over the
12 month period prior to the start of the draft Planning Scheme. For clarity, the occurrences cannot
be over the previous 2, 3 or 4 months prior to the gazettal but must be spread over the whole year.
Table 1 below outlines 3 scenarios explaining whether a planning approval and/or a local law
approval would be required.
Table 1 – Scenarios for short term accommodation
Scenario for dwelling houses Planning Approval Local Law approval for
required for short term Short stay letting.
accommodation
Applicable from the time
the Local Law comes into
force.
Scenario A – existing lawful use rights NO YES
Most dwelling houses currently used for short
term accommodation are likely to have existing
lawful use rights and therefore are not subject to
the draft Planning Scheme provisions for short
term accommodation.
Scenario B – no existing lawful use rights and not YES YES
the principal place of residence
Where the dwelling house has no existing lawful
use rights for short term accommodation and is
not the principal place of residence.
Scenario C - no existing lawful use rights and is NO YES
the principal place of residence
But must comply with
Where the dwelling house has no existing lawful certain provisions in the
use rights for short term accommodation and is draft Planning Scheme.
the principal place of residence and the owner
rents the premises out for short term
accommodation on no more than 4 occurrences
and a maximum of 60 nights in 1 calendar year or YES
financial year, a planning approval is not required
but must comply with provisions of the draft If not complying with
Planning Scheme (referred to in the draft Planning certain provisions in the
Scheme as ‘Accepted Development subject to draft Planning Scheme
requirements’ or what can be called self –
assessable.
For further reference a flow chart guide has been provided as Attachment 4 which outlines certain
scenarios which require planning approval and/or Local Law approval.
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
2.2 Duplex, Multiple Dwellings / Multiple Housing
Prior 2006
A duplex or multiple dwelling with a development approval issued under a Planning Scheme prior
to the commencement of The Noosa Plan 2006, can lawfully use the premises for either short term
accommodation or for permanent living.
Therefore, duplexes and multiple dwellings approved prior to The Noosa Plan 2006 have existing
lawful use rights and do not require a planning approval under the draft Planning Scheme.
Unlike dwelling houses, there is no need for the premises to have been consistently used for short
term accommodation to have existing lawful use rights.
Although duplexes and multiple dwellings (approved prior to 2006) have existing lawful use rights
and therefore no planning approval required, they will still require a Local Law approval for short
stay letting.
Post 2006
Duplexes and multiple housing approved under The Noosa Plan 2006 do not have existing lawful
use rights because a separate definition for short term accommodation, being Visitor
Accommodation Type 4 – Conventional exists.
These duplexes and multiple housing (approved under The Noosa Plan) would be required to
submit an application for a development permit for short term accommodation under the draft
Planning Scheme and would also require a Local Law approval for short stay letting.
3. Overview
The proposed new Local Laws will regulate the operation of short term letting with all short term
accommodation required to gain approval annually, except for units within an onsite managed
resort complex (and within that letting pool) and home hosted accommodation (owner on site).
The new proposed Local Law places the responsibility onto the owner or a nominated contact
person to address any complaints and queries that may arise. A small sign will be required to be
placed at the street frontage with the Local Law approval number, contact person’s name and
phone number indicating the person is responsible for the property.
The proposed Local Law also includes an embedded code of conduct to protect the surrounding
residential amenity and provides guidance to guests on the expectations of renting the premises.
Under the Local Law framework there is the ability to refuse an annual approval if the owner of the
premises has had 3 offences against the conditions of the Local Law approval within the previous
2 years. An approval could also be suspended or cancelled immediately under certain criteria
identified in Local Law No.1.
4. Administration (Amendment) Local Law (No.2) / Amendment to Local Law No.1
(Administration) 2015 contained as Attachment 1
The amendments to Local Law No.1 (Administration) 2015 include the following:
Amend Schedule 1 (Dictionary) to change the definition of shared facility accommodation to
include ‘does not include short stay letting’
Amend Schedule 1 to include the definition of short stay letting
Amend Schedule 2 (Prescribed activities) part 1 to include the definition of the operation of
short term letting.
Local Law 1 provides the administrative framework for prescribed activities including the ability to
suspend or cancel an approval or to prosecute for non- compliance of conditions. This also means
Council has the ability to refuse an annual approval if conditions have not been satisfactory met.
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
5. Administration (Amendment) Subordinate Local Law (No.2) 2019 / Amendment to
Subordinate Local Law No. 1 (Administration) 2015 contained as Attachment 2
Various administration changes are required to the existing subordinate Local Law including a
proposed new Schedule identified as Schedule 21A – Operation of short stay letting (Schedule),
where the criteria for short stay letting are contained.
The following is a brief outline of the proposed Schedule.
Schedule 21A
Part 2 of the Schedule identifies short stay letting that does not require approval under the Local
Law. The criteria is provided below but as a summary, a unit that is part of an on-site managed unit
complex and is part of the on-site managed letting pool is proposed to not require approval under
the proposed Local Law.
An approval is not required in respect of the undertaking of the prescribed activity if the prescribed
activity is undertaken at premises and —
(a) the premises form part of a complex comprising 2 or more places of residence; and
(b) a resident manager resides at a place which is in, adjoining, or adjacent to, the complex; and
(c) the resident manager is responsible for the supervision and management of the complex;
and
(d) the resident manager is present, or available, at all reasonable times to undertake the
supervision and management of the complex; and
(e) the resident manager conducts a letting agent business for the complex and the premises
are made available for lease by the resident manager in the conduct of the letting agent
business.
Part 3 of the Schedule provides for the documents that must accompany an application for approval
or confirmation is required that the owner has the relevant documents in their possession.
The following is a brief summary of documents required for an approval:
Plans identifying bedrooms and maximum number of persons to a bedroom;
Body corporate approval ( if relevant) ;
Evidence of rates and levies paid;
A statutory declaration confirming the premises is not used as a ‘Party House’ as defined by
the Planning Act 2016;
A contact person’s name and telephone number who:
o is available 24 hours 7 days per week; and
o lives within 20 minutes of the premises; and
o is responsible for the supervision and management of the premises including
addressing complaints and visitor queries.
Confirmation is required the following has been obtained:
a development approval and compliance with the development approval (if required) or
the premises has lawful existing use rights;
a current pool safety certificate;
a current electrical safety certificate for smoke alarms.
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
Confirmation is likely to be provided as a ‘tick box’ form declaring the owner of the premises has
undertaken these aspects.
Part 4 contains criteria for the assessment of an application. The criteria ensures the premises can
operate without detrimentally affecting surrounding properties and includes:
the parking of vehicles is on-site;
the number of occupants does not exceed the equivalent of 2 per bedroom to a maximum of
12 persons, whichever is the lesser; and
the identification of a contact person who—
o is available 24 hours 7 days per week; and
o resides within 20 minute travel time of the premises; and
o will be responsible for the premises.
Part 4(d) and (e) of the proposed Subordinate Local Law No.1 sets out criteria to ensure that no
new approvals are issued if the approval has been suspended, cancelled or if convicted of 3
offences over a 2 year period. The relevant criteria is provided below:
… (d) the applicant has not, within the last 2 years, held an approval pursuant to the authorising
local law in respect of the operation of short stay letting which has been cancelled pursuant to
section 17 or 19 of the authorising local law;
(e) the applicant has not, within the last 2 years, been convicted of 3 or more offences against the
authorising local law in respect of the operation of short stay letting;…
Part 6, importantly, contains conditions that will be ordinarily imposed on approvals. A variety of
conditions are included, including a sign (maximum area of 0.2m²) with the name and phone
number of the contact person which must be placed where it is clearly visible from the street.
Conditions also require the owner or contact person to maintain a complaint register and a guest
register (number of persons and occurrences etc.) The registers must be made available for
Council inspection should the need arise.
Condition 6 (j) is an embedded ‘code of conduct’ which is provided in full below:
(a) each of the approval holder and, if the contact person is not the approval holder, the contact
person, must require each person who uses, or occupies (including visitors) (each an
occupant) the premises to comply with each of the following conditions (collectively the code
of conduct)—
(i) each vehicle used by an occupant of the premises must—
(A) be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
(B) if parking facilities for a person occupying the premises are provided at the
premises — be parked within the parking facilities at the premises; and
(C) not be parked in a manner which permits or allows the vehicle to protrude or
extend beyond the boundary of the premises;
(ii) the maximum number of occupants of the premises must not exceed
whichever is the lesser of —
(A) 12; and
(B) the number calculated by multiplying the total number of bedrooms
at the premises by 2;
(iii) each occupant of the premises must ensure that each person who uses or
occupies the premises does not—
(A) detrimentally affect residential amenity in the vicinity of the premises;
or
(B) cause a nuisance (including a noise nuisance);
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
(iv) an occupant of the premises must not sleep or camp on the premises in a
tent, caravan, campervan or similar facility;
(v) an occupant of the premises must not use, or occupy, any outdoor area of
the premises, including any outdoor deck, balcony, swimming pool or spa,
after 10p.m. or before 7a.m. on any day;
(vi) 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;
(vii) each occupant of the premises 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;
(viii) each occupant of the premises must ensure that the premises, including
the grounds of the premises, are kept in a safe and tidy condition;
6. Fee
A $100 application/approval fee annually is proposed to cover the costs of administering the Local
Law. It is proposed to waiver the fee for the first 6 months starting from the date the Local Law
commences. Owners currently undertaking short stay letting of properties where the owner is not
on site are encouraged to gain approval under the Local Law within the first six months of its
operation to take advantage of the 6 month fee waiver. The obligation will be on owners to ensure
all relevant approvals are in place.
7. Implementation
It is expected gazettal (finalisation) of the proposed Local Law would be in line with the gazettal
(finalisation) of the draft Planning Scheme. It should be noted the Local Law is not reliant on the
new Planning Scheme and could be implemented prior to or after.
8. Statutory process
State consultation
The proposed amendments to Local Law No. 1 (Administration) 2015 requires state interest review
for a 4 week period prior to public notification. The proposed resolution B (i) includes delegation to
the CEO to make changes to this Local Law in response to any State comments.
Public Consultation
Public notification is required for 21 days and will commence following receipt and review of state
comments. Public notification is currently planned to occur in mid-October to early November 2019.
As part of the consultation an initial public notice will be placed in the local newspaper outlining the
purpose of the proposed Local Law along with all the legal requirements that are required to comply
with the relevant legislation. Two follow up advertisements will also occur during the 21 day public
notification period. A separate Your Say Noosa web page for the Short stay letting Local Law will
be available during the public consultation period which will include a plain English version provided
as Attachment 5, fact sheets (including existing use rights) and frequently asked questions.
Following public consultation a report to Council for endorsement of the amendments to the Local
Laws will be provided which will outline submitter objections / support and any proposed changes
to the advertised Local law as a result of the public consultation process.
Public Interest Test Plan
The proposed local law contains anti-competitive provisions requiring compliance with the
procedures under section 15 of the Local Government Regulation 2012 and the National
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SPECIAL MEETING AGENDA 12 SEPTEMBER 2019
Competition Policy. A list of likely anti-competitive provisions has been compiled in Attachment 3
requiring a Public Interest Test Plan and Report to be prepared.
Council is obligated to consider these anti-competitive provisions during the local law making
process in relation to the public interest. For example, it needs to be formally identified whether
there are advantages in the public interest that on balance, outweigh the anticompetitive elements
of the proposed provisions. The outcome of this review will be presented to Council following the
public consultation process.
The public interest test report is the document where the results of the public interest test are
reported. It summarises the assessment of costs and benefits and presents the information in a
format that allows Council to determine whether there is a net community benefit in retaining the
restriction on competition (i.e. retaining the anti-competitive provisions). This will be reported to
Council following public consultation.
Finance
Administration of the proposed Local Law is anticipated to cost Council $213,309 per annum over
the first 5 years which includes 2 full time assessment officers, 0.8 administration support and
vehicle for the first year and then 1 full time officer, 0.8 administration and vehicle for the following
4 years.
From the sixth year the proposed Local Law cost is likely to be $192,349 per annum for 1 full time
assessment officer, 0.8 part time administration and vehicle. The 2 officers for the first year is to
cover the expected high workload for the implementation and commencement of the proposed
Local Law.
Risks & Opportunities
Should the Local Law not be implemented, then short term accommodation is reliant on the
Planning Scheme for regulation. Given the extent of premises with lawful existing use rights and
not subject to the draft Planning Scheme, a significant number of short term accommodation
premises would remain largely unregulated along with any impacts associated with the use.
The introduction of the Local Law and annual approval provides an opportunity for Council to better
assess and regulate the impact of short term accommodation, particularly given the extent of short
term accommodation with existing lawful use rights and the high number of issues raised with
Council during the planning scheme public consultation process.
Consultation
External Consultation - Community & Stakeholder
A stakeholder reference group consisting of approximately 32 real estate agents and property
managers was held during the public consultation period for the draft Noosa Plan. This group
provided a substantial amount of feedback on the planning scheme with regard to short term letting
and suggestions on how the issues associated with short term letting could be managed. From this
meeting, a smaller group of short term letting agents were nominated to continue to work with
Council on how best to manage the issues associated with short term letting.
Council officers have now met with this smaller group of representatives on two occasions. Council
officers would like to thank this group for their input and advice from the perspective of the industry.
This group has also prepared an Industry based Short term Accommodation Code of Practice. This
Code of Practice, feedback and input from these meetings has informed the preparation of the
proposed Local Law.
Consultation directly with Mornington Peninsula Shire Council, Gold Coast City Council and the
Whitsunday Regional Council with regard to similar approaches to managing short term letting.
Consultation with state agencies is required for a 4 week period prior to the public notification of
the new local law.
Public consultation will commence for 21 days pursuant to Councils Local Law Making Policy after
the State interest check.
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Internal Consultation
Internal consultation has been undertaken with the various Officers within the following Council
Departments:
Environment and Sustainability
Corporate Services
Community Services
Three Councillor workshops with the CEO in attendance were held to discuss the short term
accommodation and local law options.
Departments/Sections Consulted:
Chief Executive Officer X Community Services X Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
X Local Laws Property
X Waste & Environmental Health X Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement X Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance X Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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= ee aif >. Re ed
ede Sh
Noosa Shire Council
Administration (Amendment) Local
Law (No. 2) 2019
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Noosa Shire Council
Administration (Amendment) Local Law (No. 2) 2019 2
Contents
Part 1 Preliminary ........csccscesceesseeseeneeensnessenseseeseeneeassenscensenesessessseeseeteeessees OD
V-Store tithe cece aeeeeceeeceeeeessevereevsreeseteessreeessesteseseveeseeeeseeees D
Part 2 Amendment of Noosa Shire Council Local Law No. 1
(Administration) 2015.0... .ccccccsesseeseseesseeeeseesseeeseesesseeeneseeetsees D
5. Amendment of sch2 (Prescribed activities)... eeeeceeeeseeeeceeeeeeeeeeeeee 4
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Noosa Shire Council
Administration (Amendment) Local Law (No. 2) 2019 3
Noosa Shire Council
Administration (Amendment) Local Law (No. 2) 2019
Part 1 Preliminary
1. Short title
This local law may be cited as Administration (Amendment) Local Law
(No. 2) 2019.
2. Purpose
The purpose of this local law is to amend Noosa Shire Council Local Law No. 1
(Administration) 2015.
Part 2 Amendment of Noosa Shire Council Local
Law No. 1 (Administration) 2015
3. Local law amended
This part amends Noosa Shire Council Local Law No. | (Administration) 2015.
4. Amendment of sch 1 (Dictionary)
(1) Schedule 1. definition shared facility accommodation—
omit, insert—
‘shared facility accommodation—
(a) means accommodation occupied or available for occupation by residents. in
return for payment. on the basis of residents sharing 1 or more of the
following facilities—
(i) dormitories or bedrooms;
(i) _ toilets;
(iii) bathrooms, showers or other bathing facilities;
(iv) laundries;
(v) dining facilities;
(vi) cooking facilities:
(vii) recreation facilities; but
(b) does not include short stay letting’.
(2) Schedule 1—
insert—
‘short stay letting —
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Administration (Amendment) Local Law (No. 2) 2019 4
(a) means the provision, or making available, of premises for use by 1 or more
persons, other than the owner of the premises, for less than 3 consecutive
months; but
(b) does not include—
(i) shared facility accommodation; or
(a) the provision, or making available, of premises for use by 1 or more
persons, other than the owner of the premises. if the owner of the
premises occupies the premises during the period of use of the
premises by the persons other than the owner.’.
5. Amendment of sch2 (Prescribed activities)
(1) Schedule 2 part 1, after ‘undertaking regulated activities on local govemmment
controlled areas and roads’—
insert#—
‘operation of short stay letting’.
(2) Schedule 2, part 2. after the definition for the prescribed activity ‘undertaking
regulated activities on local government controlled areas and roads’ —
insert—
‘operation of short stay letting means the provision, or making available. on a
commercial basis. of short stay letting.”.
This and the preceding 3 pages bearing my imitials is a certified copy of Administration
(Amendment) Local Law (No. 2) 2019 made in accordance with the provisions of the Local
Government Act 2009 by Noosa Shire Council by resolution dated the day of
2019.
ChiefExecutive Officer 847159_1
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Serres...» tachment 2
atesisbe hea ee a
eel NOOSA COUNCIL F aie
Noosa Shire Council
Administration (Amendment)
Subordinate Local Law (No. 2) 2019
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Noosa Shire Council
Administration (Amendment) Subordinate Local Law (No. 2) 2019 2
Contents
Part 1 Prelimimaly ........ceccseesceesseeseeeeeseenenneseeseseeneneesessenseseaseeseseessensseeasenees D
V. Short tithe eect eee eeeeeeeeeeeeeeeeeeeteeeeeeeeeenseeseeeeseteeeteeeee D
3. Authorising local law eee eee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeteetseteetenteeeeeeees D
Part 2 Amendment of Subordinate Local Law No. 1 (Administration)
5. Insertion of new sch 21A —Operation of short stay letting... 3
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Noosa Shire Council
Administration (Amendment) Subordinate Local Law (No. 2) 2019 3
Noosa Shire Council
Administration (Amendment) Subordinate Local Law
(No. 2) 2019
Part 1 Preliminary
1. Short title
This subordinate local law may be cited as Administration (Amendment)
Subordinate Local Law (No. 2) 2019.
2. Purpose
The purpose of this subordinate local law is to amend Subordinate Local Law No 1
(Administration) 2015.
3. Authorising local law
The making of the provisions of this subordinate local law is authorised by Noosa
Shire Council Local Law No.1 (Administration) 2015.
Part 2 Amendment of Subordinate Local Law No. 1
(Administration) 2015
4. Subordinate local law amended
This part amends Subordinate Local Law No. I (Administration) 2015.
5. Insertion of new sch 21A —Operation of short stay letting
After schedule 21—
insert —
“Schedule 21A Operation of short stay letting
Section 11
1 Prescribed activity
Operation of short stay letting.
2 Activities that do not require approval under the authorising local law
An approval is not required in respect of the undertaking of the prescribed
activity if the prescribed activity is undertaken at premises and —
(a) the premises form part of a complex comprising 2 or more places of
residence; and
(b) a resident manager resides at a place which is in. adjomimg. or
adjacent to, the complex: and
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(c) the resident manager is responsible for the supervision and
management of the complex: and
(d) the resident manager is present, or available, at all reasonable times
to undertake the supervision and management of the complex; and
(e) the resident manager conducts a letting agent business for the
complex and the premises are made available for lease by the
resident manager in the conduct of the letting agent business.
3 Documents and materials that must accompany applications for
approval
The following documents and materials must accompany an application for an
approval for the operation of short stay letting at premises—
(a) application form; and
(b) the appropriate fees as determined in the local government's schedule
of fees and charges; and
(c) the documents, information and materials identified in the application
form for the prescribed activity, and
(d) a plan to scale and specifications for the operation of the short stay
(i) a site plan showing the location of all buildings, including all
intemal and external areas and any swimming pool or spa;
and
(ii) a floor plan; and
(iti) the use proposed in respect of each room and the maximum
number of persons to be accommodated in each bedroom:
and
(e) if the premises comprise the whole, or part, of a lot in a commmunity
titles scheme — the written approval of the body corporate for the
community titles scheme in respect of the use of the premises for the
undertaking of the prescribed activity: and
(f) written confirmation that—
(i) the use of the premises for the operation of short stay letting
is authorized by—
(A) a development approval granted by the local
government: or
(B) lawful use rights in existence on the date the
application is made to the local government; and
(ii) the operation of short stay letting at the premises complies
with any development approval and the local government’s
planning scheme; and
(g) if the operation of the short stay letting at the premises is short term
accommodation under the planning scheme of the local government
and accepted development which is subject to requirements under
the planning scheme of the local government — a written statement
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detailing the extent to which the premises have been used for the
operation of short stay letting in the 12 months preceding the date of
the application form including —
(i) the number of occasions on which the premises were used
for the operation of short stay letting; and
(ii) ‘the duration of each occasion on which the premises were
used for the operation of short stay letting: and
(iti) the date of commencement, and the date of expiry. of each
occasion on which the premises were used for the operation
of short stay letting; and
(h) if the local government has levied rates or charges in respect of the
premises used for the operation of the short stay letting and the due
date for payment of the rates or charges has passed — written
evidence of the payment of the rates and charges: and
(i) a statutory declaration that the applicant will not permit. or allow, the
premises to be used as a party house, as defined in the Planning Act
2016, section 276; and
(j) written confirmation that the premises are structurally sound and in
good repair; and
(k) ifa pool is situated on the premises — written confirmation that a
current pool safety certificate has been issued by a QBCC licensed
pool safety inspector; and
(1) a current electrical safety certificate of compliance for each smoke
alarm at the premises which has been issued by a licensed electrical
contractor; and
(m) a written statement that —
(i) identifies the name and telephone number of the contact
person for the purposes of the operation of the short stay
letting at the premises; and
(ii) confirms that the contact person is available 24 hours a day,
7 days a week; and
(iti) identifies the residential address of the contact person. which
must be within 20 minutes travel time (by vehicle) of the
premises; and
(iv) confirms that the contact person is to be 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.
4 Additional criteria for the granting of approval
Each of the following additional criteria will be considered when deciding
whether or not to grant an approval for the operation of short stay letting at
premises—
(a) the applicant is the owner of the premises used for the short stay
letting:
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(b) the operation of the short stay letting can be lawfully conducted
on the premises;
(c) the matters which are the subject of the conditions specified in
section 6 of this schedule which are relevant to the operation of
the short stay letting at the premises can be adequately addressed
by the imposition of those conditions:
(d) the applicant has not, within the last 2 years, held an approval
pursuant to the authorising local law im respect of the operation
of short stay letting which has been cancelled pursuant to
section 17 or 19 of the authorising local law:
(e) the applicant has not, within the last 2 years, been convicted of 3
or more offences against the authorising local law in respect of
the operation of short stay letting:
(f) the operation of the short stay letting must comply with the
following criteria—
(i) the operation of the short stay letting must comply with—
(A) any relevant development approval; and
(B) the provisions of the planning scheme, and any
relevant planning scheme policy:
(ii) the maximum number of occupants of the premises must
not exceed whichever is the lesser of —
(A) 12: and
(B) the number calculated by multiplying the total
number of bedrooms at the premises by 2:
(iii) the operation of the short stay lettmg must not
detrimentally affect the residential amenity of premises in
the vicinity of the premises used for short stay letting;
(iv) vehicular parking facilities at the premises must not
permit, or allow, any vehicle parked on the premises to
protrude, or extend beyond. the boundary of the premises;
(g) the applicant must identify a contact person, being a person
who—
(i) is available 24 hours a day, 7 days a week; and
(ii) resides within 20 minutes travel time (by vehicle) of the
premises; and
(iii) will be 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.
5 Conditions that must be imposed on approvals
No condition must be imposed on an approval for the operation of short stay
letting at premises.
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6 Conditions that will ordinarily be imposed on approvals
The following conditions will ordinarily be imposed on an approval for the
operation of short stay letting at premises—
(a) the operation of the short stay letting must not detrimentally affect
the residential amenity of premises in the vicinity of the premises
used for the short stay letting:
(b) the operation of the short stay letting at the premises must not
constitute a nuisance (including a noise nuisance);
(c) adequate provision must be made at the premises for people to
safely enter and leave the premises;
(d) the approval holder must require that a vehicle used in the operation
of the short stay letting, including a vehicle used by a person
occupying the premises, must—
(i) be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises: and
(au) if parking facilities for a person occupying the premises are
provided at the premises — be parked within the parking
facilities at the premises; and
(i) not be parked in a manner which penmits or allows the
vehicle to protrude or extend beyond the boundary of the
premises:
(e) the maximum number of occupants of the premises must not exceed
whichever is the lesser of —
(@) = 12; and
(a) the number calculated by multiplying the total number of
bedrooms at the premises by 2:
(f 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:
(g) the holder of the approval must prominently and permanently
display a written notice (contact person nofice) at the location or
locations specified by the local government so that the contact
person notice may be viewed by members of the public:
(bh) the holder of the approval must ensure that the size of the contact
person notice does not exceed 0.2m/;
(i) the holder of the approval must ensure that the contact person notice
displays, in letters and numbers not less than 50mm in height—
(i) the number of the approval; and
(ii) ‘the name of the contact person for the premises. being a
person who —
(A) is available 24 hours a day. 7 days a week: and
(B) resides within 20 minutes travel time (by vehicle) of
the premises; and
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(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
(ui) the telephone number of the contact person: and
(iv) a statement that the contact person is responsible for the
supervision and maintenance of the premises:
(Gj) each of the approval holder and, if the contact person is not the
approval holder. the contact person, must require each person who
uses. or occupies (including visitors) (each an occupant) the
premises to comply with each of the following conditions
(collectively the code of conduct}—
(i) each vehicle used by an occupant of the premises must—
(A) be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises; and
(B) if parking facilities for a person occupying the premises
are provided at the premises — be parked within the
parking facilities at the premises; and
(C) not be parked in a manner which permits or allows the
vehicle to protrude or extend beyond the boundary of
the premises:
(ii) =: the maximum number of occupants of the premises must not
exceed whichever is the lesser of —
(A) 12: and
(B) the number calculated by multiplying the total number
of bedrooms at the premises by 2:
(iti) each occupant of the premises must ensure that each person
who uses or occupies the premises does not—
(A) detrimentally affect residential amenity in the vicinity
of the premises; or
(B) cause a nuisance (including a noise nuisance):
(iv) an occupant of the premises must not sleep or camp on the
premises in a tent. caravan, campervan or similar facility;
(v) am occupant of the premises must not use. or occupy. any
outdoor area of the premises, including any outdoor deck,
balcony, swimming pool or spa, after 10p.m. or before 7a.m.
on any day;
(vi) 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;
(vu) each occupant of the premises must—
(A) place the waste container for the premises on the kerb
side frontage of the premises. for the collection of
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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:
(viii) each occupant of the premises must ensure that the premises,
including the grounds of the premises, are kept in a safe and
tidy condition;
(k) each of the approval holder and, if the contact person is not the
approval holder, the contact person, must—
(i) 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
(ii) 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;
(1) the code of conduct for the use, or occupation, of the premises must
be—
(i) — displayed in the manner, and at locations, as specified by the
local government, or otherwise so that it can be viewed by
persons using, or occupying. the premises; and
(ii) made available by the holder of the approval to all users,
occupants and visitors of the premises, including on any
website or social media used by the holder of the approval to
promote the use. or occupation, of the premises for short stay
letting:
(m) each of 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, the following information about each complaint —
(i) the name of the complainant: and
(ii) ‘the address of the complainant; and
(iii) details of the complaint; and
(iv) _ the contact details for the complainant: and
(v) the date and time of receipt of the complaint; and
(vi) details of how the complaint was resolved or addressed;
(2) each of the approval holder and. if the contact person is not the
approval holder, the contact person, must keep and maintain a register
of the use of the premises for short stay letting, and record in the
register, each of the following —
(2) om each occasion on which the premises are used, or occupied,
for short stay letting on a commercial basis—
(A) the name and address of each adult who is an occupant of
the premises; and
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Administration (Amendment) Subordinate Local Law (No. 2) 2019 10
(B) the number of minors, an individual who is under 18, who
are occupants of the premises; and
(ii) ‘the dates when each persons use, or occupation, of the premises
for short stay letting began and ended: and
(iii) the number of guests of each person who uses, or occupies, the
premises for short stay letting:
(0) each of 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—
(i) —s the ~written record of complaints referred to in paragraph (m);
and
(i) the register referred to in paragraph (n);
(p) a broadform public liability imsurance policy must be held and
maintained at all times in respect of the use of the premises for the
operation of short stay letting.
7 Term of approval
(1) The term of an approval commences on the date the approval is granted
and expires on the next 30° day of June. unless otherwise specified in the
approval.
(2) An approval expires at the end of the day for expiry specified in
subsection (1).
8 Term of renewal of approval
This section has been intentionally left blank.
9 Definitions for schedule
In this schedule —
body corporate has the meaning given in the Body Corporate and Community
Management Act 1997.
building has the meaning given in the Building Act 1975.
code of conduct has the meaning given in section 6(j).
community titles scheme has the meaning given in the Body Corporate and
Community Management Act 1997.
contact person has the meaning given in section 6(i)(ii).
contact person notice has the meaning given in section 6(g).
development approval has the meaning given in the Planning Act 2016.
development permit has the meaning given in the Planning Act 2016.
general waste has the meaning given in Local Law No.7 (Waste
Management) 2018.
letting agent business has the meaning given in the Body Corporate and
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Administration (Amendment) Subordinate Local Law (No. 2) 2019 Il
Community Management Act 1997.
Jot has the meaning given in the Body Corporate and Community
Management Act 1997.
occupant has the meaning given in section 6(j).
planning scheme means the planning scheme of the local government.
planning scheme policy means a planning scheme policy of the local
government.
vehicle has the meaning given in the Transport Operations (Road Use
Management) Act 1995.
waste container see Local Law No. 7 (Waste Management) 2018.°.
This and the preceding 10 pages bearing my initials is a certified copy of Administration
(Amendment) Subordinate Local Law (No. 2) 2019 made in accordance with the provisions of
the Local Government Act 2009 by Noosa Shire Council by resolution dated the day of
2019.
$47213_1
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Attachment 3
LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS
Local Law: Administration (Amendment) Local Law (No. 2) 2019.
Purpose: The purpose of the local law is to amend Noosa Shire Council Local Law No. 1 (Administration) 2015.
Anti-competitive Relevant criteria Explanatory Comments
Provisions
Local law section 5 5 — prescribed standard The provision identifies, for the purpose of the local law, the prescribed activity of the
(Amendment of schedule 2 | 7 — business restriction operation of short stay letting. Under the local law:-
(Prescribed activities)) 10 — permit requirement (a) | anapproval is required in respect of the undertaking of the prescribed activity;
and
(b) the local government has a discretion about the granting of approvals; and
(c) if an approval is granted by Council—the approval may be granted subject to
conditions prescribed by Council.
Subordinate Local Law: Administration (Amendment) Subordinate Local Law (No. 2) 2019.
Purpose: The purpose of the subordinate local law is to amend Subordinate Local Law No. 1 (Administration) 2015.
Anti-competitive Relevant criteria Explanatory Comments
Provisions
Subordinate Local law section 5 | 5— prescribed standard e imposes a requirement to obtain an approval in respect of the undertaking of the
(Insertion of new schedule 21A— | 7 — business restriction prescribed activity and may have an impact on the conduct of a business activity,
Operation of short stay letting) 10 — permit requirement and in particular, the prescribed activity of the operation of short stay letting.
e Regulates the process for the grant of an approval by constraining the Council's
discretion.
« The power to impose conditions and examples of subject matter for conditions
which form part of the process for the grant of an approval. The imposition of
conditions may have an impact on the conduct of a business activity.
Attachment 3 - List of likely anti-competitive provisions
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Attachment 4
Dwelling house
used for
Short term accommodation
(whole house holiday rental)
Principal place of residence. Tel tat Mlelettl SI e tle eee tla
You permanently reside in the You do not permanently reside at the
dwelling house dwelling house
Ms i= ws
This scenario is SHORT TERM HOME HOSTED Tit fe]
PLR ee eC] _
P le of ACCOMMODATION Men EseeR acts) arte RIGHTS EXISTING USE RIGHTS
alieteeeie tae ee eae a ei eR eRe Reet Ca :
weeks over Seeommodation - SS ard ates) RECA ssaRee ccna t mre se] care erent
eee Ce TC : : fella mtu) cei ELL
ie ~ bea nn A alheeabeal Frome ues abot Rel a re
= maximum of 60 nights in one SRR ec mCi a aac) iM CR ele eee Rey
rent your house out. calendar year. Planning Scheme. Y a Taal aero
¥ fuel ee eu sealed earch
NO PLANNING Tem MA Te) Planning Scheme. ae UEC
APPROVAL APPROVAL NO PLANNING APPROVAL
Please note: If used for more Please note: If you do not APPROVAL
than 4 occurences and/or comply with certain provisions
CRU Ns OR pce) Ue eC eeu
planning approval would be then a planning approval
required. would be required.
Ms) YES
LOCAL LAW LOCAL LAW
= i Te) APPROVAL Ne te)
LOCAL LAW LOCAL LAW
APPROVAL APPROVAL This flowchart is a guide only. For more detailed information refer to the draft New Noosa Plan and the
proposed Local Law amendments for short stay letting. Please also refer to the draft New Noosa Plan and the
Local Law amendments for short stay letting Fact Sheets, Frequently Asked Questions, Councils website or
Contact Council for further advice.
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; See Attachment 5
A a Aa TS ewe ee ri es x: = ny i.
ED Ba Ki Ss lee! ain sence
nae Or ie ‘ isk : Be. cake”
SA CO ;
“ 7 dd 2 eo beg
DRAFT LOCAL LAW AMENDMENTS 2019
SHORT STAY LETTING
PLAIN ENGLISH VERSION
This user guide provides a plain English version of the proposed amendments to Administration Local
Law No. 1 and Subordinate Local Law No.1. For further detail, please refer to Council’s Factsheets and
Frequently Asked Questions on the proposed local law amendments.
1
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Amendments to Administration Local Law No. 1
Schedule 1
The proposal seeks to amend Schedule 1 (Dictionary) to change the definition of ‘shared facility accommodation’
to include the words ‘does not include short stay letting’. The purpose of this amendment is to clarify the difference
between this proposed Local Law for ‘Short stay letting’ and an existing Local Law for ‘Shared facility
accommodation’.
The proposed amendment to Schedule 1 is to include the new definition for short stay letting. Short stay letting is
the use of or making a premises available for holiday letting for a period of less than 3 months. It should be noted
that the premises only has to be available, not necessarily actually rented or used, for the premises to meet the
definition of short stay letting.
The proposed definition of Short stay letting as set out in the Local Law No.1 is—
Short stay letting—
(a) means the provision, or making available, of premises for use by 1 or more persons, other than the owner
of the premises, for less than 3 consecutive months; but
(b) does not include—
shared facility accommodation; or
il. the provision, or making available, of premises for use by 1 or more persons, other than the owner
of the premises, if the owner of the premises occupies the premises during the period of use of the
premises by the persons other than the owner
For clarity, provision (b)ii above is a home hosted situation where the owner is on-site and hosting guests in a
bedroom/s. For example, a traditional style hosted bed and breakfast or hosting a student/s for a couple of weeks
or a term is not included in Short stay letting and therefore a Local Law approval is not required.
Schedule 2
An amendment to Schedule 2 is required to include another prescribed activity which is the ‘operation of short stay
letting’. The operation of short stay letting means the provision, or making available, on a commercial basis, of
short stay letting. It should be noted that the Local Law is only applicable for those premises where the operation
of short stay letting is on a commercial basis.
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Amendments to Administration Subordinate Local Law No.1
There are various administration changes to allow for the operation of short stay letting including the inclusion of
Schedule 214 - operation of short stay letting (Schedule). The Schedule is made up of 9 sections which are explained
below.
Section 1
Section 1 identifies the prescribed activity being the Operation of short stay letting. The operation of short stay
letting means the provision, or making available, on a commercial basis, of short stay letting.
Section 2
Section 2 identifies premises which do not need to apply for a Local law approval. Generally, all short term
accommodation requires a Local Law approval, except for units used for short term accommodation in a complex
which has an on-site manager who is responsible for managing the complex and the units are in the letting pool
and managed by the on-site manager. This means that if a unit is not in the letting pool then a Local Law approval
is required.
Section 3
Section 3 sets out the documents and materials which are required to be provided for an application seeking
approval. The following documents are required to be provided.
Please note: The following numbering corresponds to the equivalent numbered provision in the Schedule contained
in the proposed amendments to Subordinate Local Law No 1.
(a) The application form. The application form will be able to be found on Council’s website.
(b) The relevant fees outlined in Council’s fees and charges. The proposed annual fee of $100 is proposed to
be waivered for the first 6 months after the Local law commences.
(c) This provision ensures that all documents that are required are provided.
(d) The following plans must be provided:
|. a site plan which shows where the dwelling is located on the lot or within the complex and the
location of any swimming pools and spa/s;
I. a floor plan which shows the internal layout including bedrooms, living areas etc.;
Ill an indication of the maximum number of persons for each bedroom.
(e) If in a unit complex, provide body corporate consent indicating the unit can be used for short term
accommodation.
(£) Confirmation that the premises can lawfully be used for short term letting.
|. Ifrequired, a development approval for short term accommodation or for Visitor accommodation
under The Noosa Plan 2006 should be obtained. If there is no development approval required,
confirmation that the premises has existing use rights is required.
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For further details refer to Councils fact sheet on Existing Use Rights or Frequently Asked Questions
as to whether the premises has existing use rights or not or requires a development approval.
ll. This provision declares the premises complies with the development approval.
(g) If the premises is your principal place of residence, meaning that you live there on a permanent basis but
you rent your house or unit out for short term accommodation occasionally (e.g. at Easter or Christmas or
winter holiday), then you may not have a Planning Approval as you comply with certain provisions in the
draft New Noosa Plan but a Local law approval is still required. The application requires you to
demonstrate by way of details that:
1. you rent your house or unit out for no more than 4 times over the previous 12 month period; and
ll. for no more than 60 nights; and
il. the dates and length of stay that the premises was used for short term accommodation.
For further details refer to Councils Fact Sheets or Frequently Asked Questions.
(h) You are required to provide documentation showing that Councils Tourism and Economic Levy has been
paid, if the date for its payment has passed. If the date has not passed and if applicable, you will go onto
the levy register to be included in the next rate notice.
(i) Party Houses are not permitted anywhere in Noosa Shire. A statutory declaration is required indicating
the premises will not be used for a Party House as defined under QLD Planning Legislation. For
convenience the definition of a party house is provided below—
party house means premises containing a dwelling that is used to provide, for a fee,
accommodation or facilities for quests if—
(a) guests regularly use all or part of the premises for parties (bucks parties, hens parties, raves, or
wedding receptions, for example); and
(b) the accommodation or facilities are provided for a period of less than 10 days; and
(c) the owner of the premises does not occupy the premises during that period.
(j) Requires confirmation that the premises is in good and sound condition.
(k) Requires confirmation that a current pool safety certificate has been issued by a licensed QBCC pool safety
inspector.
(1) Requires confirmation that a current electrical safety certificate for the fire alarms has been issued by a
licensed electrical contractor.
(m) The Local Law requires a nominated contact person who meets certain criteria to be responsible for the
premises. The following information must be provided:
|. the name and telephone number of the contact person who is responsible for the premises; and
il. confirmation the contact person is available 24 hours a day 7 days per week; and
Il. the address of the contact person. The contact person must be within a 20 minute drive of the
premises; and
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IV. confirmation the contact person is responsible for the premises including addressing complaints
and visitor queries.
Section 4
Section 4 is the additional criteria for granting the approval. This is the criteria that Council uses to assess the
application. For approval all of the criteria must be met.
(a) The applicant must be the owner of the premises. A third party may submit the application on the
owner's behalf but the owner's signed and written consent and full details must be provided. In all
circumstances the approval holder will be the owner of the premises.
(b) This ensures the operation of short stay letting of the premises can be lawfully conducted. This confirms
that either a development approval has been obtained, the premises has existing use rights or the
premises has been assessed to meet certain ‘accepted development subject to requirements’ (self-
assessable criteria) in the draft New Noosa Plan. For further details refer to Councils Fact Sheets or
frequently Asked Questions.
(c) Ensures the premises can operate in accordance with the conditions ordinarily imposed on a Local Law
approval.
(d) The Local Law has the ability to cancel or suspend an approval. This provision means if the approval has
been cancelled within the last 2 years then the required yearly approval for short stay letting will not
be granted and therefore the use cannot operate. The provision mentions section 17 and section 19
which identifies the process that Council is required to follow to cancel or suspend an approval. Section
17 and 19 can be found in Local Law No.1 which can be accessed here.
(e) If within the last 2 years, 3 or more fines have been issued because of breaches of the conditions of the
Local Law approval for short stay letting, then the required yearly approval for short stay letting will
not be granted.
(f) Ensures the operation of short stay letting has complied with:
L any development approval and any relevant provisions in the planning scheme;
ll. | the maximum number of occupants® is the total number of bedrooms multiplied by 2 OR 12
occupants whichever is the lesser. For example, a 3 bedroom premises could have a maximum
of 6 occupants;
* It is important to note that the definition of occupant is anyone that occupies the premises
including visitors.
ill. this provision ensures the operation of short stay letting will not negatively affect surrounding
residential amenity;
IV. all vehicle parking must be on-site.
(g) These provisions are to ensure that a contact person has been nominated, and that person is
responsible for the premises 24/7.
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Section 5
Conditions that must be imposed on approvals.
There are no conditions that must be imposed on approvals but section 6 below lists conditions that will, as a rule
be imposed on a Local Law approval for short stay letting.
Section 6
Conditions that will ordinarily be imposed on approvals. These conditions must be complied with at all times and it
is the responsibility of the approval holder (the owner) or the contact person to ensure they are complied with.
(a) The operation of short term letting must not negatively affect surrounding residential amenity.
(b) The operation of short stay letting must not constitute a nuisance.
(c) The premises should be safe for occupants to enter and exit.
(d) The occupants vehicles should be parked on the premises and not protrude past the boundary or cause
@ nuisance nor inconvenience to neighbouring properties. The draft New Noosa Plan provides for the
number of car spaces that must be provided, or, the number of car spaces are provided in accordance
with an existing development approval or if the premises has existing use rights then the number of car
spaces required by the planning scheme in force at the time.
(e) This condition ensures that the number of occupants on the premises does not exceed the number of
bedrooms multiplied by 2 OR 12 occupants, whichever is the lesser. An example has been provided
above in section 4 (f) ii;
(£) Waste and recycling bins are kept clean, tidy and in a hygienic condition;
(g) This condition requires a ‘contact person notice’ which is a sign with the contact person’s name and
some details to be placed in a location clearly visible to members of the public. The location would
normally be located along the primary road front boundary. However, there may be circumstances
where another location would be specified to ensure it is easily viewed by members of the public.
(hb) This sign must not exceed a maximum of 0.2m?_ A sign of 0.2m? = 500mm x 400mm or the equivalent;
(i) This condition sets out the required content of the sign which must include the Local law approval
number, contact person’s name and telephone number and a short statement indicating that the
contact person is responsible for the premises. The letter size on the sign must be at least 50mm.
(j) This condition is intentionally in blue and forms the embedded Code of Conduct. The Code of Conduct
provides a set of rules which the occupant/guests must comply with, which are:
L it is required that all vehicles associated with the occupants are parked on the premises;
i. =the maximum number of occupants is the number of bedrooms multiplied by 2 OR 12
occupants whichever is the lesser;
ill. this is a good neighbour type policy condition where occupants must not negatively impact on
the surrounding residential amenity;
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IV. only the dwelling must be used for the short stay letting. It is not permitted to use a caravan,
tent or similar for accommodation;
V. outdoor areas including any pool/spa cannot be used after 10pm or before 7am on any day.
This means to take the conversation inside after 10pm;
VI. Waste must be contained within the waste bins provided and recyclable waste separated for
the appropriate bin.
Vil. The waste bins must be placed at the kerb no earlier than 24 hours prior to collection and
removed after collection within 24 hours.
Vill. The occupants must keep the premises in a safe and tidy condition.
(k) This condition is to ensure that if the occupant changeover does coincide with waste bin collection
provisions, then the owner or contact person is responsible to place and/or remove waste bins at the
kerb side within the times outlined;
(1) This condition requires the Code of Conduct which is identified as 6(j) in the Local Law (in blue in plain
English above) must be displayed at location/s in the dwelling specified by Council*. The locations will
vary depending on the premises but as a guide, at least 2 copies of the Code of Conduct will be required
in a dwelling. Likely locations would be in the living area or a hallway where it is clearly visible and a
weatherproof copy outdoors where it is clearly seen by the occupants when using the area. For
example, this could be in an outdoor living area, near a pool or spa. The Code of Conduct must also be
available for download through avenues of marketing such as a website or social media.
* For clarity, the wording of the Code of Conduct to be displayed is identified in condition 6(j) of Schedule
21A of subordinate Local Law No.1., not the plain English version identified above in blue.
(m)The approval holder or the contact person must keep a written record of all complaints (complaints
register) received and how the complaint was resolved or addressed. Other details that must be kept
are the name, address and contact details of the complainant, details of the complaint including the
date and time of receipt of the complaint.
(n) The owner or the contact person must keep a record register of the occupants which consists of the
following information—
|. mame and address of each adult; and
i number of minors (those who are under 18 years of age); and
I. date of arrival and departure; and
IV. number of occupants.
(0) The record register subject of condition (n) and the complaint register subject of condition (m) above
must be available for Council inspection within 5 days of a written request by Council.
(p) Public liability insurance must be held for short stay letting.
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Section 7
Section 7 sets out the length of approval. An approval will last for 1 year unless the premises changes owners or
contact person in which case a new application for approval would be required to be submitted. Each year the
owner is required to obtain approval which attracts a fee of $100.
Section 8
There is no renewal for this Local law. As stated above an approval is required every 12 months.
Section 9
Section 9 lists the definitions used throughout the Schedule and are self-explanatory. However, two of note are
explained below.
Code of Conduct — the Code of Conduct is embedded as the whole of section 6 (j) i—viii of Schedule 21A.
Occupant — means persons that occupy the premises including visitors. Therefore that maximum number of
occupants permitted includes the guests and their visitors.
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3. LEGAL REVIEW AND ADVICE ON
COASTAL PROTECTION OVERLAY
Author Principal Strategic Planner, Rebecca Britton
Environment and Sustainable Development Department
Index ECM/Project/PSR01-Community Engagement/Subject/New Noosa Plan
Attachments 1. Legal advice on New Noosa Plan Coastal Protection
Overlay
REASON FOR CLOSED SESSION
This report was considered in closed session in accordance with Section 275 (1) of the Local Government
Regulation 2012, which permits the meeting to be closed to the public for business relating to the
following:
(g) any action to be taken by the local government under the Planning Act, including deciding
applications made to it under that Act
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