2019-09-12 Special Meeting Agenda

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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