2022-08-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  9 AUGUST 2022


5    PLANNING & ENVIRONMENT COURT APPEAL NO D97 OF 2022 – APPLICATION FOR
     SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW NO.
     1 (ADMINISTRATION) 2015 FOR UNIT 1, 12 STEVENS STREET, SUNSHINE BEACH


Author           Manager Development Assessment, Kerri Coyle
                 Environment & Sustainable Development

Index            ECM/ Application/ SSL22/0179/ & Case/ Escanaba Pty Ltd

Attachments      Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment Court
Appeal D97 of 2022 and agree to defend the appeal.


REPORT
On 27 April 2022 Council officers under delegation refused an application under Council’s Local
Laws for the use of 1/12 Stevens Street, Sunshine Beach for short stay letting for the following
reason:
1.   On 11 August 2015, the premises at 1/12 Stevens Street, Sunshine Beach was approved
     under the Noosa Plan 2006 for Multiple Housing Type 2 – Duplex, MCU15/0049.
     Under the provisions of the Noosa Plan 2006, Multiple Housing Type 2 – Duplex did not allow
     for visitor or short-term accommodation use of the premises.
     The use of 1/12 Stevens St Sunshine Beach Qld 4567 for short term accommodation is
     currently unlawful and an approval under the local law cannot be issued for an unlawful use.
The applicant was also advised at the time that as the use of the premises for short term
accommodation is not lawful the use must cease within 6 weeks from the date of the refusal notice,
with booking information detailing past bookings dating back to 2018.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law, questioning the validity of the Local Law and suggesting the
absence of an appropriate development approval for short term accommodation is not a valid basis
for refusing the application. The review addressed the issues raised and confirmed the previous
grounds of refusal.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court maintaining that the use of the premises for short-term
accommodation is lawful as Multiple Housing Type 2 Duplex (MCU15/0049) does allow the
premises to be used for short term accommodation. The applicant seeks that the application be
approved subject to appropriate conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable


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