App E - Relinquish Existing Use Rights

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LANDOWNER DECLARATION AND UNDERTAKING
122 Musa Vale Road, Cooroy QLD 4563 – Lot 304 on SP118015
Superseded planning scheme request ref: SPS25/0002

To: Noosa Shire Council (Development Assessment)
Attention: Georgina Schramm, Senior Development Planner

1. Declarants

We, Jody Austin and James Austin (the Landowners), are the registered owners of the land at
122 Musa Vale Road, Cooroy QLD 4563, described as Lot 304 on SP118015 (the Land).



2. Background

   A. The Land includes a primary dwelling and an existing approved secondary dwelling
      (cottage).

   B. A request has been lodged under s 29 of the Planning Act 2016 seeking Council’s
      agreement for a forthcoming MCU—Short-term accommodation application for the
      secondary dwelling to be assessed against the Noosa Plan 2020 in effect immediately
      prior to Amendment No. 2 (26 September 2025).

   C. The Landowners intend the primary dwelling to be used for permanent residential
      accommodation going forward and intend to transition any short-term accommodation
      activity (if approved) to the secondary dwelling only.



3. Declaration of intention

The Landowners declare that:

   1. Our intention is to permanently occupy the primary dwelling as our residence going
      forward, and to pursue a development approval pathway to enable short-term
      accommodation within the existing approved secondary dwelling (cottage).

   2. This intention is consistent with the superseded planning scheme request material
      lodged with Council for SPS25/0002.



4. Undertaking (to apply once the replacement approval is effective)

The Landowners undertake to Council that upon any development approval for short-term
accommodation in the secondary dwelling being issued and becoming effective, we will:

   1. Cease any short-term accommodation / short-stay letting of the primary dwelling on the
      Land;

   2. Remove any advertising/listings for short-stay letting of the primary dwelling (including
      online platforms) and not reinstate those listings going forward;

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   3. Take the necessary steps to cancel and/or not renew the current short stay letting local
      law approval for the primary dwelling (SSL25/0041); and

   4. Provide Council, within 10 business days of the replacement approval becoming
      effective, written confirmation and supporting evidence that steps 1–3 have been
      completed.



5. Reliance

The Landowners acknowledge that Council may rely on this Declaration and Undertaking for the
purpose of deciding SPS25/0002 and in connection with any future development application
over the Land.



   5. No present abandonment

This Declaration and Undertaking:

   •   is provided as evidence of the Landowners’ intention and commitment to transition the
       activity in the manner described above; and

   •   is not intended to constitute (and must not be taken as) evidence that any existing use
       rights for short-stay letting of the primary dwelling have been abandoned at the time of
       signing.



7. Execution

Signed by the Landowners:

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Appendix E — Principal Place of Residence Evidence

1. Purpose of Appendix

This appendix provides supporting information confirming that the proposed short-term
accommodation is located on the same site as the principal place of residence of one of the
owners/applicants.

The information is provided to support the Code assessable pathway for Short-term
accommodation in the Rural Zone under the Noosa.Plan.8686.

2. Principal Place of Residence Position

One of the registered owners/applicants, Jody Austin (nee Arundell), occupies the main dwelling
at 122 Musa Vale Road, Cooroy as her principal place of residence.

The proposed short-term accommodation is located within the existing approved 46.5m² small
dwelling on the same site.

Accordingly, the proposed short-term accommodation is located on the same site as the
principal place of residence of one of the owners/applicants.

3. Council’s Principal Place of Residence Guidance

Council’s Principal Place of Residence declaration process requires supporting evidence to
verify that an owner resides at the property.

The supporting evidence provided with this application includes:

Evidence                                           Relevance

Electoral roll details showing 122 Musa Vale Road Confirms the owner’s formal residential
as the relevant residential address               address for electoral purposes.

Driver licence showing 122 Musa Vale Road as the Confirms the owner’s declared residential
residential address                              address.



Councils rate department has had the mailing address for the notices changed to reflect the PO
Box address for the owners.

4. Relevance to the Planning Application

The above material confirms that 122 Musa Vale Road is the principal place of residence of one
of the owners/applicants.

The planning scheme does not require all owners to occupy the site as their principal place of
residence. The relevant Code assessable criterion is satisfied because the proposed short-term
accommodation is located on the same site as the principal place of residence of one of the
owners/applicants.

On that basis, the application is properly made as a Code assessable Material Change of Use
for Short-term accommodation.

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Change of address confirmation

Your address details have been changed as requested.


If you hold a Transport and Main Roads licence or authority and have changed your residential address, you will be sent a label or
labels with your new address to affix to each licence or authority.

You should contact Transport and Main Roads if:
      •    you have not received your new label(s) within 21 days;
      •    your vehicle's garaging address is different to your residential address, as you may need to provide proof of the
           garaging address.


Transaction details
Transaction Date/Time                          Tuesday 12 May 2026 08:31:22 (AEST)


Customer name
Customer reference number                      32123268
Name                                           JODY ARUNDEL


Residential address
                                               122 MUSA VALE RD
                                               COOROY
                                               Queensland 4563
                                               AUSTRALIA



Postal address
                                               PO BOX 99
                                               COOROY
                                               Queensland 4563
                                               AUSTRALIA




Date printed: 12/05/2026                                          Page 1 of 1

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From:           Jody Austin
To:             Russell Green
Subject:        Fwd: Confirmation of electoral enrolment from the Australian Electoral Commission
Date:           Tuesday, 12 May 2026 8:33:15 AM




Sent from my iPhone

Begin forwarded message:


       From: Australian Electoral Commission <[email protected]>
       Date: 6 May 2026 at 11:14:39 am AEST
       To: [email protected]
       Subject: Confirmation of electoral enrolment from the Australian
       Electoral Commission
       Reply-To: [email protected]


       


           Dear Ms ARUNDEL

           Thank you for enrolling to vote or updating your details. Your
           current enrolment details are:


            Name:                              Jody Louise ARUNDEL
            Enrolled address:                  122 Musa Vale Rd
                                               Cooroy Qld 4563

            Postal address:                    PO Box 99
                                               COOROY QLD 4563

            Federal Division:                  Wide Bay
            State District:                    Nicklin
            Local Govt Area:                   Noosa Shire Council
            Local Ward/Division:               Not Applicable

            Enrolment ID:                      Q78171856
            Enrolment date:                    28/04/2026


           Don’t forget to change your enrolment address every time
           you move. It is compulsory to update your enrolment when
           your details change. You can change your address online or

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pick up an enrolment form at any electoral office. You can also
check your enrolment details are up to date.

If you are not satisfied with my decision, you may apply in
writing to the Electoral Commissioner for an internal review in
accordance with subsection 120(1) of the Electoral Act. Please
note that an application for review must be received by the
AEC within 28 days of the date on which you received this
letter. Further information about requesting a review is
available on the AEC website.

Under the Freedom of Information Act 1982 (the 'FOI Act') any
person has the right to request access to documents held by
the AEC. Further information about FOI requests is available
on the AEC website.

For more information about enrolment or voting visit
www.aec.gov.au, call us on 13 23 26 or email
[email protected]

Position Number 10988
Delegate of the Electoral Commissioner
[email protected]




     If you did not submit this transaction, your email address may have been
  provided in error. If this is the case, please email [email protected] or call
                                        13 23 26.


  This message is authorised by the Electoral Commissioner, and was sent by
     the Australian Electoral Commission, 10 Mort St Canberra ACT 2601.

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