2019-09-12 Special Meeting Agenda

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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