2019-09-12 Special Meeting Agenda

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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