App E - Relinquish Existing Use Rights

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Superseded planning scheme request ref: SPS25/0002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 This intention is consistent with the superseded planning scheme request material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;