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2021-10-12 Planning & Environment Committee Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 12 October 2021
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Full text of sections 2 to 102 (of 185)
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. PRESENTATIONS 3
4. DEPUTATIONS 3
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 CLIMATE CHANGE RESPONSE PLAN COMMUNITY REFERENCE GROUP –
EXPRESSION OF INTEREST OUTCOME 4
2 PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING AND HOME
HOSTED ACCOMMODATION – PUBLIC CONSULTATION RESULTS AND
ADOPTION 8
3 51983.3225.14 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR
MULTIPLE DWELLING UNITS X 25 & 8 SHOPS AT, 30 HASTINGS ST NOOSA
HEADS 79
4 MCU18/0009.04 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE - MULTIPLE HOUSING –TYPE 3 RETIREMENT &
SPECIAL NEEDS AT 186 COOROY-NOOSA ROAD & 4 CARRAMAR ST,
TEWANTIN 108
5 MCU18/0006.03 & OPW18/0012.03 APPLICATION FOR AN OTHER CHANGE
TO A DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING - TYPE 2
DUPLEX AND OPERATIONAL WORKS, TO INCLUDE SHORT TERM
ACCOMMODATION, SITUATED AT 1 & 2/10 HILL ST SUNSHINE BEACH 117
6 MCU17/0046.03 – APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO
INCLUDE SHORT TERM ACCOMMODATION & OPERATIONAL WORKS AT
2/38 PARK CRES, SUNSHINE BEACH 139
7 RAL20/0014 - APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 9A
JIRRIMA CRES, COOROIBAH 154
6. REPORTS FOR NOTING BY THE COMMITTEE 168
8 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY –
AUGUST 2021 168
9 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1
JANUARY TO 30 JUNE 2021 170
10 PEREGIAN DIGITAL HUB – FULL YEAR REPORT TO 30 JUNE 2021 173
7. CLOSED SESSION 185
Page 2 of 185
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 7 September 2021
be received and confirmed.
3. PRESENTATIONS
Nil.
4. DEPUTATIONS
Nil.
Page 3 of 185
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 CLIMATE CHANGE RESPONSE PLAN COMMUNITY REFERENCE GROUP –
EXPRESSION OF INTEREST OUTCOME
Author Carbon Reduction Project Officer, Annie Nolan
Environment & Sustainable Development Department
Index ECM/Subject/Climate Change Response Plan
Attachments Nil
EXECUTIVE SUMMARY
In August 2021, Council resolved to establish a community reference group in relation to its Climate
Change Response Plan. Council sought nominations from the community via an extensive EOI
process and received 13 nominations. These have been assessed by staff who are recommending
that all nominees form part of the CRG. The Council will also need to appoint two Councillors to
the CRG.
RECOMMENDATION
That Council note the report by the Carbon Reduction Project Officer to the Planning & Environment
Committee Meeting dated 12 October 2021 about the Expression of Interest process for the Climate
Change Response Plan Community Reference Group (CRG.); and
A. Appoint Councillor ____________ and Councillor ____________ as members of the CRG;
and
B. Appoint the following community representatives to the CRG.
Name Sectors represented (as Organisation (where relevant)
nominated by the candidate)
Carina Anderson Transport, health ZEN Inc
Shayan Barmand Natural environment, Community Reef Check Australia
/households
Niki Brand Rural/agriculture
Sharon Campbell Health , Community /households
Madeleine Cleland Young people, Natural
environment
Natalie Frost Natural environment Sunshine Coast Environment
Council
Ann Gardiner Transport, Community Cooran Earth Rights
/households
Brian Hoepper Education, Community Peregian Beach Community
/households Association
Matt Harold Business, Tourism
Nick Hluszko Community /households Noosa North Shore Association
Inc.
Aaron Jenkins Business EcoVantage
Anne Kennedy Business ZEN Inc
Pat Rogers Community /households, Natural Eastern Beaches Protection
environment Association
Page 4 of 185
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
REPORT
At the August 2021 Ordinary Meeting, Noosa Council requested the CEO:
• to establish a community reference group within 3 months of adoption to assist with the
implementation of the Climate Change Response Plan; and
• to investigate options for the formation of a Youth Reference Group or the like, to participate
in Council’s climate change response and contribute to practical solutions.
The following report provides an overview of the selection process of potential members of the
Community Reference Group (CRG) and presents the proposed members for the group.
A specific invitation has been sent to the Kabi Kabi and should the Kabi Kabi take up a position,
this position would be in addition to the community representatives presented in this report.
The composition of the CRG and its effectiveness will be reviewed in 9 months.
Expression of Interest
An Expression of Interest and draft terms of reference for positions on the CRG opened on Monday
13th September and closed Friday 24th September. The EOI was promoted in the following ways:
• “Have Your Say” web page under the Climate Change Response Plan with links to the EOI
form and the draft Terms of Reference
• Media Release issued 15th September calling for expressions of interest
• Advertisement in Noosa Today Friday 10th September
• Advertisement shared by relevant community groups on Facebook
• Noosa Today Article Friday 17th September
• Personal communications with relevant community groups to promote the EOI
The Expression of Interest to be completed by potential community members included questions
on the applicant’s details, the sectors they would represent, organisations they are affiliated with
and two questions by which the application would be assessed:
• Describe your knowledge and experience with regard to climate change mitigation and
adaptation. Please include relevant positions held, employment and business and/or
individual interest.
• Describe how you are linked to your community or stakeholder representative group and the
way you will bring forward the views of that group to the CRG, and feedback discussions and
decisions.
The EOI called for approximately 10 community members to join the CRG.
Assessment Process
Thirteen (13) applications were received within the stipulated timeframe.
The assessment of each applicant was undertaken by three staff members of Noosa Council. The
assessment considered representative sectors, the applicant experience and potential contribution
to the CRG.
As the Terms of Reference identified “approximately 10” community reference group members, the
assessors decided that all 13 applicants had merit and would make significant contributions to the
implementation of the Climate Change Response Plan and provide a valuable balance across the
sectors, geographical areas and climate change issues to be considered.
Page 5 of 185
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
The selected nominees, in alphabetical order, are listed below.
Name Sectors represented (as nominated by the Organisation (where relevant)
candidate)
Carina Anderson Transport, health ZEN Inc
Shayan Barmand Natural environment, Community /households Reef Check Australia
Niki Brand Rural/agriculture
Sharon Campbell Health , Community /households
Madeleine Cleland Young people, Natural environment
Natalie Frost Natural environment Sunshine Coast Environment
Council
Ann Gardiner Transport, Community /households Cooran Earth Rights
Brian Hoepper Education, Community /households Peregian Beach Community
Association
Matt Harold Business, Tourism
Nick Hluszko Community /households Noosa North Shore Association
Inc.
Aaron Jenkins Business EcoVantage
Anne Kennedy Business ZEN Inc
Pat Rogers Community /households, Natural environment Eastern Beaches Protection
Association
The proposed 13 member CRG will be the core reference group for the Climate Change Response
Plan. Other representative groups will be engaged and consulted on major issues/topics as part of
the ongoing operation of the CRG. For example, Noosa Biosphere Reserve Foundation, Tourism
Noosa and other business groups.
Inclusion of young people
There will be several opportunities for young people/youth sector to contribute to the Climate
Change Response Plan:
• There is a young person nominated for the CRG.
• There will be ongoing 2-way feedback with the Noosa Youth Advocacy Group (NYAG)
• There will also be informal discussions with young people through “Conversations on Hot
Topics” - a pop up point of contact where young people congregate such as beachside,
sporting events etc. The details of these and other engagement activities will be a
consideration for the CRG.
Previous Council Consideration
Ordinary Meeting Minutes, 16 August 2021, Item 3, Page 8
That Council note the report by the Principal Strategic Planner and Carbon Reduction Officer to
the Planning & Environment Committee Meeting dated 10 August 2021 and:
A. Note the report on submissions received during the community consultation on the draft
Climate Change Response Plan;
B. Adopt the final Climate Change Response Plan, provided at Attachment 1 to the report;
Page 6 of 185
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
C. Request the CEO to establish a community reference group within 3 months of adoption to
assist with the implementation of the plan and in particular request that group include
representatives from the Kabi Kabi First Nations People;
D. Request the CEO to investigate options for the formation of a Youth Reference Group or
the like, to participate in Council’s climate change response and contribute to practical
solutions to include indigenous youth;
E. Request the CEO to develop a detailed implementation action plan in consultation with the
community reference group to inform Council’s future budget processes;
F. Note that Council has been awarded $310,000 in state government grant funding for two
climate change resilience pilot projects to work in collaboration with other southeast
Queensland councils to increase local government capability to mitigate and adapt to climate
risk.
Finance
There are no additional financial implications of the creation and management of the CRG.
Outcomes of the CRG that may require Council investment will be assessed as part of normal
budget processes.
Risks & Opportunities
An open EOI process was undertaken to remove the risk of perception of bias, or hand-picking
candidates. The draft Terms of Reference also stipulated a range of sectors likely to be impacted
by climate change impacts and/or mitigation opportunities be engaged, ensuring representation
from all key sectors.
Consultation
External Consultation - Community & Stakeholder
The Expression of interest was advertised locally, as noted in the body of this report.
Internal Consultation
Chief Executive Officer
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 7 of 185
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
2 PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING AND HOME HOSTED
ACCOMMODATION – PUBLIC CONSULTATION RESULTS AND ADOPTION
Author Principal Strategic Planner, Anita Lakeland
Environment and Sustainable Development Department
Index ECM/SUBJECT: 37.15 Local Law No. 1 Amendments – Short Stay Letting
Attachments 1. Administration (Amendment) Local Law (No. 1) 2021 with tracked
changes detailing amendments proposed as a consequence of public
consultation
2. Administration (Amendment) Subordinate Local Law (No. 1) 2021 with
tracked changes detailing amendments proposed as a consequence
of public consultation
3. Administration (Amendment) Local Law (No. 1) 2021 (as advertised
and distributed for public consultation purposes)
4. Administration (Amendment) Subordinate Local Law (No. 1) 2021 (as
advertised and distributed for public consultation purposes)
5. Summary of key issues from public consultation
6. Cost benefit analysis – Proposed local law amendment: short stay
letting and home hosted accommodation prepared by AEC Group Pty
Ltd and dated September 2021 (24 page attachment provided separately
to this agenda)
7. Public Interest Test Report
8. Consolidated version of Noosa Shire Council Local Law No. 1
(Administration) 2015 (30 page attachment provided separately to this
agenda)
9. Consolidated version of Subordinate Local Law No. 1 (Administration)
2015 (99 page attachment provided separately to this agenda)
EXECUTIVE SUMMARY
Administration (Amendment) Local Law (No. 1) 2021 and Administration (Amendment) Subordinate
Local Law (No. 1) 2021, for short stay letting and home hosted accommodation, seek to regulate
the ongoing operation of short stay letting and home hosted accommodation and manage the
impacts on permanent residents and guest safety. The proposed local law and proposed
subordinate local law have undergone extensive legal review and public, stakeholder and State
government consultation over a 2 year period. A final version of the proposed local law and
proposed subordinate local law is now presented to Council for adoption and implementation.
The proposed local law and proposed subordinate local law were made available for public
consultation purposes from 9 April until 28 May 2021 for an extended 7-week period. This was the
second round of public consultation, with the first drafts consulted on in 2019.
615 written submissions were received during the consultation period. A number of minor
amendments to the proposed subordinate local law are recommended in response to submissions
as well as a range of other actions and procedural changes outside the scope of the local law
framework. The scope of changes proposed are to:
1. establish a 24/7 Council complaints hotline and complaints register as an intermediary
between the complainant and contact person;
2. use security services to observe and record activity at properties where required, initially on
a 12 month trial basis;
Page 8 of 185
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
3. make minor changes to the proposed subordinate local law by:
• removing the exemption from Parkridge;
• requiring additional information on the site plan to include adjoining windows and door
openings, outdoor entertainment areas and vehicle parking;
• amending the contact person location to be within a 20km radius of the property;
• including security firms as a contact person option;
• renaming the contact person notice to a standardised approval notice sign including
complaints number and approval number;
• including boats, trailers, jet skis and the like as part of vehicle management;
• including reference to amenity impacts on adjoining dwellings;
• requiring confirmation the building is lawfully constructed and classified for its purpose
under the Building Act 1975;
• including a 2 year time frame for keeping of registers;
• clarifying waste management where no kerbside collection exists; and
• making other minor editorial and clarification changes.
4. prepare a “good management of short stay letting and home hosted accommodation guide”
to support the requirements of the proposed local law and the proposed subordinate local
law and for other matters outside the scope of the local law framework;
5. develop a dedicated Council webpage with information including an approvals register,
complaints procedure, complaints hotline number, application forms, factsheets and the good
management guide;
6. undertake:
• education for the short stay letting industry;
• advocacy with the LGAQ and REIQ around short stay letting; and
• the establishment of a multi interest stakeholders group.
New dedicated internal and external resources will be required to implement and administer the
proposed local law and the proposed subordinate local law, including a new dedicated short stay
local laws team and external 24/7 complaints hotline and trial security services.
Final versions of the proposed local law and the proposed subordinate local law are now presented
to Council for adoption with a proposed commencement date of 1 February 2022.
The adoption of a local law is a legal process. As a result, Council’s solicitors have assisted with
the drafting of the resolution to ensure that it is compliant with the relevant legislation.
Also, submitted to Council, for formal adoption, by resolution, are consolidated versions of Noosa
Shire Council Local Law No. 1 (Administration) 2015 and Subordinate Local Law No. 1
(Administration) 2015 incorporating:
(a) the amendments detailed in each of the proposed amending local law (Attachment 3) and
the amendment to the proposed amending local law detailed in Recommendation A below;
and
(b) the amendments detailed in the proposed amending subordinate local law (Attachment 4)
and the amendments to the proposed amending subordinate local law detailed in
Recommendation B below.
Page 9 of 185
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 and resolve to:
A. Proceed with the making of, and make, Administration (Amendment) Local Law (No. 1) 2021
(see Attachment 3) as advertised, but amended as follows:
1. after section 1 —
insert—
‘1A. Commencement
Part 2 commences on 1 February 2022.’.
B. Proceed with the making of, and make, Administration (Amendment) Subordinate Local Law
(No. 1) 2021 (see Attachment 4), as advertised, but amended as follows:
1. after section 1—
insert—
‘1A. Commencement
Part 2 commences on 1 February 2022.’.
2. amendments to Subordinate Local Law, section 5 (Insertion of new sch21A —
Operation of short stay letting or home hosted accommodation) —
(a) section 2(b)(v) —
omit.
(b) section 2(b)(vi) to (xii)—
renumber as section 2(b)(v) to (xi).
(c) section 3(d)(i) —
omit, insert—
‘(i) a site plan showing the location of all buildings, including any outdoor
entertainment area, swimming pool or spa, vehicle parking area and
the location of each window and door opening of any adjoining
residence; and’.
(d) section 3(g) —
omit, insert—
‘(g) written confirmation that, under the Building Act 1975—
(i) the premises are lawfully constructed; and
(ii) the use of the premises for the prescribed activity is authorised
by the classification attributable to the premises; and’.
(e) section 3(h) after ‘inspector’—
insert—
‘and that a current pool safety certificate will be maintained at all times’.
(f) section 3(j)(iii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
‘a 20 kilometre radius’.
(g) section 4(e)(ii), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
(h) section 4(f), after ‘property manager’—
insert—
‘, security firm’.
(i) section 4(f)(ii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
Page 10 of 185
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
‘a 20 kilometre radius’.
(j) section 6(2)(a), after ‘manager’—
insert—
‘, security firm’.
(k) section 6(2)(a)(ii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
‘a 20 kilometre radius’.
(l) section 6(2)(b)(i), ‘contact person’—
omit, insert—
‘approval’.
(m) section 6(2)(b)(ii), ‘contact person’—
omit, insert—
‘approval’.
(n) section 6(2)(b)(iii)—
omit, insert—
‘(iii) the size of the approval notice must be a minimum and maximum
size of 0.2m2; and’.
(o) section 6(2)(b)(iv)—
omit, insert—
‘(iv) the approval notice must specify, in letters and numbers not less than
50mm in height—
(A) the current, and up to date, contact details for a complaint; and
(B) the approval number allocated by the local government to the
approval for the undertaking of the prescribed activity at the
premises; and’.
(p) section 6(2)(c), from ‘make available’ to ‘scheme’—
omit, insert—
‘display an approval notice which complies with the requirements specified
in subsection (2)(b)(i) to (iv) inclusive’.
(q) section 6(3)(a), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
(r) section 6(3)(d), ‘vehicles on the premises’—
omit, insert—
‘vehicles, including boats, trailers, jet skis and the like, on the premises’.
(s) after section 6(3)(h)(ii)—
insert—
‘(iii) if the premises are not provided with a kerb side frontage general
waste collection service — ensure that general waste from the
premises is removed from the premises and disposed of at a general
waste facility; and’.
(t) section 6(3)(j), after ‘minimum,’—
insert—
‘and for a period of not less than 2 years,’.
(u) section 6(3)(k)—
(i) after ‘, must’—
insert—
‘, for a period of not less than 2 years,’;
(ii) ‘premises for short stay letting’—
omit, insert—
Page 11 of 185
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
‘premises’;
(iii) ‘for short stay letting on’—
omit, insert—
‘on’.
(v) section 6(3)(m)(i)(B), ‘if parking facilities are provided at the premises—‘—
omit.
(w) section 6(3)(m)(ii), after ‘outdoor’—
insert—
‘entertainment area,’.
(x) section 6(3)(m)(ii)(A), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
(y) section 7(1), ‘12 months from the date of the approval’—
omit, insert—
‘on the next 30th day of June, unless otherwise specified in the approval’.
(z) section 9, definition contact person, ‘section 4(g)’—
omit, insert—
‘section 4(f)’.
(aa) section 9, ‘contact person’—
omit, insert—
‘approval’.
C. Note that each of Administration (Amendment) Local Law (No. 1) 2021 and Administration
(Amendment) Subordinate Local Law (No. 1) 2021 contain anti-competitive provisions;
D. Having considered the content of the public interest test report in relation to anti-competitive
provisions contained in each of Administration (Amendment) Local Law (No. 1) 2021 and
Administration (Amendment) Subordinate Local Law (No. 1) 2021, in Attachment 7, note the
content of the report and implement the recommendations of the report;
E. Adopt, pursuant to section 32 of the Local Government Act 2009:
(a) a consolidated version of Noosa Shire Council Local Law No. 1 (Administration) 2015
in the form in Attachment 8; and
(b) a consolidated version of Subordinate Local Law No. 1 (Administration) 2015 in the
form in Attachment 9;
with a commencement date of 1 February 2022;
F. Fund the additional costs for 2021/22 year for implementation, administration and resource
requirements of the short stay letting and home hosted accommodation local law through
budget review, including:
(a) two additional (2) temporary full time local laws assessment and compliance officers
for a term of 3 years (including one vehicle);
(b) establishment of an external 24/7 complaints hotline; and
(c) engagement of after-hours security services to observe and record activity at properties
when required;
G. Waive application fees for the 2021/2022 financial year and refer the review of funding
options and fee structure to the 2022/23 budget process;
H. Prepare a dedicated Council webpage including a local laws approval register and prepare a
“good management of short stay letting” guide;
I. Authorise the CEO to make minor amendments to the documents.
Page 12 of 185
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
REPORT
The purpose of this report is to present final amendments to Noosa Shire Council Local Law No. 1
(Administration) 2015 and Subordinate Local Law No. 1 (Administration) 2015 for adoption to
introduce a new prescribed activity for short stay letting and home hosted accommodation. For the
purpose of this report, these amendments are collectively referred to as “the proposed local law”.
For the purpose of clarity, the local law does not address where short stay accommodation activities
can occur. That is the role of the planning scheme. The local law addresses how the impacts of
short term accommodation properties can be better managed.
1. Background
During October – November 2019, Council undertook public consultation regarding a first draft of
the proposed local law for a period of three (3) weeks. 574 submissions were received which
identified a range of issues relevant to both the proposed local law and the then draft Noosa Plan
2020.
The proposed local law was put on hold following public consultation pending the outcome of a
State wide approach to managing short stay letting by the State government. With the advent of
Covid-19 however, the government’s priorities changed and the matter continues to be on hold.
As part of Council’s adoption of Noosa Plan 2020, Council again resolved to complete and
introduce the proposed local law.
At its meeting on 18 March 2021, Council resolved to undertake a second round of public
consultation on a revised version of the proposed local law, introducing a new prescribed activity
for short stay letting and home hosted accommodation.
The revised version of the proposed local law responded to a number of key issues raised during
the first round of public consultation as well as legal advice, stakeholder engagement and staff
review.
2. Proposed local law
2.1 Proposed local law purpose
The purpose of the proposed local law is to regulate the ongoing operation of short stay letting and
home hosted accommodation to manage the negative impacts on residential amenity and guest
safety.
The proposed local law requires all properties undertaking short stay letting or home hosted
accommodation to obtain a one-off approval which will be the subject of annual renewal. Properties
must be lawful under accepted development requirements under Noosa Plan 2020, have a
development approval or lawful existing use rights.
Exemptions from the proposed local law are limited to sites identified in Noosa Plan 2020 as visitor
only, Hastings Street Mixed Use Precinct, hotels, motels, backpackers and traditional holiday
homes used by its owners and not short term let for commercial gain.
A local contact person must manage the short stay let property, be available 24/7, be located within
20 minutes travel time and respond to complaints within 30 minutes. A guest and complaints
register must be maintained.
Conditions of approval include a code of conduct for guest behaviour and use of the premises must
not detrimentally affect residential amenity including noise, overlooking and light spill and public
liability insurance is required. Under the code of conduct, guests must not display unacceptable
behaviour, vehicles must be stored to not cause a nuisance, pets and waste must be managed,
grounds kept tidy and sleeping or camping in a tent or caravan on site is not permitted.
The procedure for making complaints requires a complainant to call the contact person responsible
for the property and the contact person must respond to the complaint within 30 minutes and keep
a complaints register.
Page 13 of 185
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Complaints are elevated to Council where there are ongoing issues or there are breaches against
the local law approval conditions. Investigation and enforcement action is undertaken in
accordance with the provisions under Local Law No.1 (Administration) 2015.
2.2 Public consultation about the proposed local law
The proposed local law, together with the public interest test plan (about anti-competitive
provisions), was initially made available for public consultation for a 5 week period from 9 April until
14 May 2021. In response to resident requests and a petition, the consultation period was extend
for another 2 weeks until 28 May 2021 for a total 7 week period.
During the consultation period, public notification and information was provided through a number
of means including a public notice, advertisements, media releases, static displays, Yoursay Noosa
webpage, social media, radio announcements, emails, letter notifications and a community /
resident group stakeholder meeting. Section 10.3 to this report provides additional information
regarding the public consultation process.
2.3 Public consultation results
The public consultation process resulted in a large number of enquiries and actions including:
• 110 emails enquiries;
• 150 telephone enquiries;
• 5700 visits to Yoursay page;
• 4021 visits to at least one page in Yoursay;
• 1174 persons downloaded documents;
• 594 visited FAQs;
• 979 downloads of Fact Sheet on short stay letting;
• 445 downloads of Plain English version;
• 443 downloads of Fact Sheet on home hosted accommodation; and
• 37,284 people were reached from social media posts.
A total of 615 written submissions were received from a range of stakeholders including:
• 300 resident submissions;
• 2 resident petitions:
o Witta Circle -22 properties
o Extension request-52 signatures;
• 6 resident / community group submissions;
• 66 home hosted accommodation operator submissions;
• 163 short stay let operator submissions:
o 1 legal submission for 54 properties / owners;
• 23 letting agents / property manager submissions;
• 8 onsite manager submissions;
• 1 short stay letting industry association submission;
• 2 online booking platform provider submissions;
• 37 site/area specific submissions:
o 7 Parkridge
o 12 Boreen Pt
o 18 Teewah; and
• 7 other submissions.
Page 14 of 185
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
3. Key issues from submissions
The key issues raised in the written submissions are summarised by stakeholder group with a
response in Attachment 5. Issues raised in the submissions have resulted in a number of
recommendations, including minor changes to the proposed local law and a number of actions
outside of the local law with regard to complaints management, public information and operator
education.
4. Summary of changes and other actions
A summary of the recommended changes are outlined below.
4.1 Changes to proposed local law
The following changes are proposed to the proposed subordinate local law in response to a range
of stakeholder issues. Changes are shown as tracked changes in Attachment 2 and summarised
below:
• remove the exemption from Parkridge;
• require additional information on the site plan to include adjoining windows and door
openings, outdoor entertainment areas and vehicle parking;
• amend the contact person location to be within a 20km radius of the property;
• include security firms as a contact person option;
• rename the contact person notice to a standardised approval notice sign including complaints
number and approval number;
• include boats, trailers, jet skis and the like as part of vehicle management;
• include reference to amenity impacts on adjoining dwellings;
• require confirmation the building is lawfully constructed and classified for its purpose under
the Building Act 1975;
• include a 2 year time frame for keeping of registers;
• clarify waste management where no kerbside collection exists; and
• make other minor editorial and clarification changes.
4.2 Changes to complaints process
Overwhelmingly, resident and resident / community groups (and some short stay let operators)
requested greater involvement by Council in the complaints management process including
requests for a 24/7 complaints hotline, centralised complaints register and security services.
4.2.1 Centralised 24/7 complaint hotline and register
It is recommended Council establish a centralised 24/7 complaints hotline and register of
complaints to remove any interaction or contact between the complainant and contact person. This
approach will have a number of benefits for all stakeholders including:
• privacy, anonymity and security for resident / complainant to make a complaint;
• privacy for the contact person’s details;
• a clear process for complaints management controlled by Council;
• an independent and centralised method of complaints recording to be cross checked with
contact person records;
• a record of non-compliance where the contact person does not respond or manage a
complaint.
The complaints hotline will:
• be operated by an external trained call centre provider;
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• be managed by the Short Stay Local Laws team within the Development Assessment branch;
• be available 24/7;
• receive and record complaints;
• notify the contact person responsible for the property of the complaint;
• record the action undertaken by the contact person;
• notify the complainant of action taken; and
• maintain a centralised register of complaints reported to the Short Stay Local Laws team for
action.
Under the provisions of the proposed local law, the contact person must respond within 30 minutes
of receiving the complaint. The complaint hotline will attempt to notify the contact person 3 times
over a 30 minute period.
Where the contact person fails to be contacted within 30 minutes and / or no action is taken to
remedy the complaint, this will be recorded and reported to Council for further compliance action.
Note: The contact person must still maintain their own register of complaints in accordance with
the proposed local law requirements.
4.2.2 Security
When Council resolved to undertake public consultation about the proposed local law, Council also
resolved to investigate incorporating a Council employed security firm replicating the Mornington
Peninsula model.
Mornington Peninsula approach
Mornington Peninsula’s local law requires registration of all short stay let and home hosted
accommodation properties; a contact person to manage the property and deal with complaints; and
guests to adhere to a code of conduct.
During the first three years of implementation of the local law, Mornington used security services
to patrol, observe and take evidence of non-complying properties on Friday and Saturday nights
between 10pm – 2am and during peak periods. Security did not enter a property nor take any
intervention, reporting their observational findings the following business day to Council.
Rather than roaming security patrols, Mornington are now trialling the deployment of security on
an as needs basis to 10-20 identified problem properties. Residents contact security directly 24/7
and security notify the contact person of the complaint and observe and take evidence only and
report to Council for action the following business day.
Security options for Noosa
Two options have been considered for the use of after hours security service to support the
proposed local law.
Option 1 - On-site intervention
The on-site intervention approach involves a 3rd party security firm responding to and resolving a
complaint at the property in the absence of the nominated contact person dealing with it.
This approach requires substantial amendments to the proposed local law to authorise a 3rd party
to act on Council’s behalf, including required qualifications, extent and limitations of power and
conditions in which they operate, identity cards, offences and matters of liability and insurance.
State agency referral and further public consultation would also be required.
There is potential for additional legal, state agency and community issues to be raised with the
approach, potentially further delaying the process. Any further delays will likely result in some level
of negative response from stakeholders and loss of trust in the local law making process.
In addition, scope to exercise powers under the local law are restricted by the rights of an occupier
to not permit the security officer on site and the inability to enter a private property with a locked
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gate. This limitation would reduce the effectiveness of onsite intervention. There is also a regulatory
/ compliance risk of security overstepping boundaries and limitations of the local law which may
result in privacy and trespassing issues and other legal and liability concerns.
Council’s normal enforcement policy is one of warning first then compliance action second. Security
entry on a property may seem a heavy handed approach by operators and guests. This may lead
to conflict and personal risk to the security guard.
Noosa’s reputation as a tourist friendly place may be tarnished with a heavy handed onsite security
intervention approach. There is also a risk 3rd party security may not meet resident / community
expectations or standards of Council.
Whilst real time resolution of complaints is a desirable outcome, the potential risks associated with
major delays in progressing the proposed local law, further State and public consultation and
reputational and liability exposure to Council by using a 3rd party, far outweighs the benefits.
Option 2 - Off-site observation and reporting
Option 2 limits the use of security to off-site observation and reporting with no intervention at the
property. This is a similar approach to Mornington Peninsula and requires no changes to the
proposed local law. Notwithstanding this, being a 3rd party, the role and limitations of the security’s
service would need to be very clear.
The liability and reputational risks of this approach to Council and to Noosa as a holiday destination
are low. With no onsite intervention or engagement with guests, any potential privacy, trespassing,
liability or conflict is avoided.
Therefore the effectiveness of this approach should be trialled with the introduction of the proposed
local law and complaints hotline to determine its effectiveness for a 12 month period.
It is proposed the security services would:
• be provided by an external security firm;
• be available after hours (between 9pm – 2am);
• be dispatched on an as needs basis at the request of Council or the complaints hotline;
• observe offsite and record evidence;
• provide a report on observations to the complaints hotline and Council.
Option 2 is the recommended approach.
4.3 Enforcement
For clarity, Council’s enforcement powers and compliance process sits within Local Law No.1
(Administration) 2015. The following actions may be undertaken in any enforcement action.
A compliance notice can be issued for non-compliance with the local law being evidence of:
• operating without an approval;
• contact person requirements not met, including acting within 30 minutes of receiving a
complaint;
• conditions of approval not met:
o no approval notice sign;
o residential amenity impacts;
o causing a nuisance including noise nuisance and disturbance;
o vehicles causing a nuisance;
o camping on site;
o public liability insurance;
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o waste management;
o record keeping;
• code of conduct for guest behaviour not met:
o detrimentally affecting residential amenity;
o causing a nuisance including noise nuisance;
o displaying unacceptable behaviour;
o camping on site;
o pet management;
o waste management; and
o untidy grounds.
Fines can be issued where the compliance notice is not complied with (5 penalty units) or when
the contact person does not respond to a complaint more than once in one period of stay.
A show cause notice can be issued proposing a suspension or cancellation of the approval when
a compliance notice is not complied with or for continuous unattended non-compliance issues.
In addition, an approval is only valid for 12 months and may not be renewed where there are
recurring compliance matters.
4.4 Supporting information and education
There are a number of advisory and guidance matters that sit outside the scope of the proposed
local law that will assist operators in meeting the local law requirements. A “good management of
short stay letting and home hosted accommodation guide” and factsheets will be prepared. Training
opportunities for operators could also be investigated with the REIQ. The guide will cover the
following topics, as a minimum, below:
How to meet conditions of approval
• Choosing a suitable contact person
• Safety of property and guests and public liability insurance
• Liaising with neighbours and body corporates
Role of contact person / property manager
• Obligations and requirements under conditions of approval
• Meeting and greeting guests
• Code of Conduct for Guest Behaviour
• Keeping of guest register
• Eviction of problem guests and monetary bond options
Complaints management
• Responsibility and response by contact person
• Distance from property and response time
• Dealing with and resolving a complaint
• Complaints record keeping
Mitigating residential amenity impacts
• Location and orientation of outdoor areas
• Lighting and noise mitigation measures
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• Limiting hours and use of outdoor areas and pools
• Limiting occupancy and avoiding overcrowding
• Environmental matters – rubbish and recycling, air-conditioning, protection of dunes, public
access to beaches etc.
• Car parking and vehicle storage
• Pet management – pets left unattended
4.5 Public information, advocacy and ongoing consultation
A dedicated Council webpage on the proposed local law will be developed with information
including an approvals register, complaints procedure, complaints hotline number, application
forms, factsheets and the good management guide.
Staff will continue to liaise with the LGAQ and REIQ around short stay letting and advocate for
training and regulation in the short stay letting industry.
A multi-interest stakeholders group will be setup following a period of implementation.
5. Implementation – resources requirements and costs
A number of new resources and tasks will be required to implement the proposed local law. It is
estimated approximately 3600+ applications for short stay letting and 150+ applications for home
hosted accommodation will be lodged under the proposed local law.
A 3-month preparation phase following Council’s adoption of the proposed local law, and prior to
its commencement, is required to ensure the necessary new internal team resources, external call
centre and security resources, systems and processes are in place.
A start date of 1 February is proposed following the peak tourist period. This will allow for a
smoother transition for both the short stay let industry and home hosts, allowing for the necessary
applications to be made under the proposed local law and adjustments to the new requirements. 3
months is necessary to achieve the greatest success for the local law’s implementation and change
management processes to take place.
5.1 Internal resource requirements
The first 3 years will require the greatest resource requirements to manage the one-off applications
and change management process. Resource requirements are expected to decrease after this
initial 3 year period for the ongoing implementation and administration of the local law.
The initiation and implementation phase will require new internal Council systems, processes and
webpage setup and staff training. External communications, media and promotion of the
commencement of the proposed local law will also be required.
A dedicated Council short stay local laws team will need to be trained and established to administer
the proposed local law. Staff resource requirements are:
• one (1) full time administration officer;
• one (1) full time local laws assessment and compliance officer;
• two (2) temporary (for 3 years) full time local laws assessment and compliance officers;
Both full time positions are already funded in the 2021/22 budget, with additional resource funding
only required for the two (2) temporary positions.
It is also recognised that the timing of peak workloads for processing initial applications during the
first three years of implementation may vary depending on time taken for property owners to submit
applications. Consequently, to ensure timely processing of applications Council will require a
degree of flexibility in engaging the two temporary positions over the identified three year period
(i.e. more resource in first year and less in year three).
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Supporting equipment including a vehicle, desks, computers and noise monitors will also be
required. Estimated costs per annum average are:
• Years 1-3: $340k
• Year 4 onwards: $166k
5.2 External resource requirements
External resources will be required for the 24/7 complaints hotline and afterhours security services.
Briefs will be drafted and services will be engaged consistent with Council’s Procurement Policy.
24/7 complaints hotline
It is anticipated complaints will be highest during weekends and holiday peak periods and greater
during the first 3 years of implementation, then will decrease over time. The 24/7 complaints hotline
will require an ongoing funding commitment.
Estimated costs per annum, assuming higher demand during the first three-years of
implementation, are:
• Years 1-3: $78k
• Year 4 onwards: $40k
Security services – 12 months trial
External security services will be engaged for afterhours 9pm-2am on a trial basis for 12 months.
If the security services are effective in supporting compliance measures under the local law, the
services may be extended requiring ongoing funding commitment.
Costs
• Year 1: $79k
• Years 2 onwards: to be confirmed (TBC)
6. Finance and funding
Forecast Operating Costs
The table below summarises the forecast operating costs for the next five financial years, based
on initial assumptions of peak demands during first three years for implementation and one-off
applications.
Item ($’000) 2022 2023 2024 2025 2026
Staff Resource $ 375 $409 $254 $ 177 $ 180
Plant Hire $ 11 $ 11 $ 11 $ 11 $ 11
Call Centre $ 76 $ 78 $ 55 $ 40 $ 41
Security Services $ 78 $ 79 $ 61 $ 41 $ 42
Marketing & Communications $ 15 $5 $5 $- $ -
Legal Fees $ 30 $ 31 $ 31 $ 21 $ 21
Equipment $7 $- $- $- $-
Corporate Overheads $ 88 $ 96 $ 60 $ 41 $ 42
Total Costs $ 680 $ 709 $ 477 $ 332 $ 338
Funding Options
The current 2020/21 budget includes funding for two permanent staff and corporate overheads.
There are a number of options available to Council to recover any additional temporary staff
resourcing, marketing, call centre and security costs associated with implementing the local law.
This may include a combination of application fees, renewal fees, fines and general rating revenue.
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However, no changes to fees and charges are proposed for the remainder of the 2021/22 year and
as a result no charge will be applicable for any application submitted from commencement on 1
February 2022 through to 30 June 2022.
This approach promotes change management and proactive submission of applications by
property owners, as well as recognising the current uncertain economic conditions with the COVID-
19 pandemic.
7. Statutory process and obligations
The proposed local law has been prepared and made available for public consultation following
Council’s Local Law Making Policy and requirements under the Local Government Act 2009.
Consultation
Consultation on Administration (Amendment) Local Law (No.1) 2021 was undertaken with State
agencies in accordance with the requirements of the Local Government Act 2009 and Council Local
Law Making Policy. Refer to section 10.1 of this report.
Consultation on Administration (Amendment) Local Law (No.1) 2021, Administration (Amendment)
Subordinate Local Law (No.1) 2021 and the Public Interest Test Plan was undertaken for an
extended period of 7 weeks.
A number of changes are recommended to the proposed local law in response to submissions.
The proposed changes are not substantial and no further public consultation is warranted.
Adoption and commencement
Contemporaneously with, but immediately after, Council’s adoption of the proposed local law, a
consolidated version of each of Noosa Shire Council Local Law No. 1 (Administration) 2015 and
Subordinate Local Law No. 1 (Administration) 2015 which incorporate, relevantly:
(a) the amendments detailed in each of the amending local law in Attachment 3 and the
amendment particularised in Recommendation A; and
(b) the amendments detailed in each of the amending subordinate local law in Attachment 4 and
the amendments particularised in Recommendation B,
should be adopted by Council.
Promptly after Council resolves to make each of the proposed local law and the proposed
subordinate local law, a notice will be placed in the government gazette, on Council’s website and
in a local newspaper. The commencement date for each of the proposed local law and the
proposed subordinate local law will be 1 February 2021. The Minister will also be notified and
provided with a certified copy of each of the proposed local law and the proposed subordinate local
law, together with consolidated versions of each of Noosa Shire Council Local Law No. 1
(Administration) 2015 and Subordinate Local Law No. 1 (Administration) 2015.
Local Government Regulation 2012 and the National Competition Policy -Public Interest Test Plan
The proposed local law contains anti-competitive provisions requiring compliance with the
procedures under section 15 of the Local Government Regulation 2012 and the National
Competition Policy. A list of likely anti-competitive provisions was compiled and a Public Interest
Test Plan was publicly notified during the consultation period.
Council is obliged to undertake a public interest test in relation to these anti-competitive provisions
during the local law making process.
The public interest test report in Attachment 7 provides the results of the public interest test. It is
informed by a detailed economic cost benefit analysis prepared by economic consultants AEC.
Council’s public interest test plan identifies regulatory and non-regulatory alternatives which may
achieve the purpose of the regulation of the prescribed activity of the operation of short stay letting
and home hosted accommodation under the proposed local law. Of the identified alternatives, only
2 alternatives were chosen for further consideration, co-regulation and negative licensing.
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Under co-regulation, the “rules” are drafted in close consultation and cooperation with affected
parties. The advantage of this approach is that a higher level of compliance with the rules can be
expected because those who are affected by the rules have agreed to them.
Under the negative licensing alternative, there is no requirement to first obtain an approval to enter
the relevant market. The presumption in this regime is that operators are prepared to play by the
rules if they know what the rules are and whilst operators are charged a token fee for certification
that their operations comply with standards, the expectation is that operators who wilfully fail to
comply are fined heavily and immediately, and that complaints are responded to swiftly and
forcefully.
Under a negative licensing regime, the local law would be amended to remove the requirement to
hold an approval. The local law would specify a range of generic standards which must be complied
with in relation to the conduct of the prescribed activity.
The public interest test report in Attachment 7:
(a) identifies positive and negative impacts on stakeholders from moving to the alternatives
(which were chosen for further consideration) identified in the public interest test plan; and
(b) contains an analysis of the costs and benefits of moving to the identified alternatives; and
(c) concludes that, overall, the analysis of the costs and benefits of moving to the co-regulation
alternative has determined that there would be a negligible net benefit in moving to a co-
regulation regime;
(d) concludes that, overall, the analysis of costs and benefits of moving to the alternative of
negative licensing has determined that there would be a net cost in moving to a negative
licensing regime.
The public interest test report concludes that the identified anti-competitive provisions should be
retained in full in the public interest, because:
(a) the benefit of these provisions to the community as a whole outweighs the cost; and
(b) the most appropriate way of achieving the objectives of the proposed local law is by
restricting competition in the way provided in the provisions, having regard to Council’s duty
of good rule and local government in its local government area.
Human Rights Act 2019
In developing the proposed local law, the subject matter has been considered in accordance with
the requirements of the Queensland Human Rights Act 2019. It is considered that the proposed
local law justifiably limits certain property rights, right to liberty and right to privacy for the following
reasons.
Property rights
As the local government authority, Council is authorised to make local laws under the Local
Government Act 2009 to regulate the use of land including limiting a property owner’s use of a
premises and the behaviour of its occupants to protect the safety of occupants, rights of other
property owners, residential amenity, community standards and values.
Right to liberty
A code of conduct for guest behaviour is justified to establish acceptable behaviours and
parameters for use of the property to reduce the impacts on residential amenity and the right for
residents to quiet enjoyment of their home.
Right to privacy
A nominated contact person’s details are required to ensure any complaints are dealt with in a
timely manner to ensure the residential amenity is maintained for residents.
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Investigations and gathering of evidence is required to ensure both property owners and resident
complaints regarding compliance are fairly addressed. A public register of approvals provides
transparency within the community regarding lawful use of properties.
8. Previous Council Consideration
Ordinary Meeting Minutes 18 March 2021, Item 5, Page 14
PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING – REVISED VERSION
FOLLOWING PUBLIC CONSULTATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 9 March 2021 and:
A. Resolve to make:
1. Administration (Amendment) Local Law (No. 1) 2021 as contained in Attachment 1; and
2. Administration (Amendment) Subordinate Local Law (No.1) 2021 as contained in
Attachment 2;
B. In accordance with Council’s Local Law Making Policy, further consult with the public about
the revised versions of Administration (Amendment) Local Law (No.1) 2021 and
Administration (Amendment) Subordinate Local Law (No.1) 2021;
C. Pursuant to section 257 of the Local Government Act 2009, delegate to the Chief Executive
Officer its powers under section 38 of the Act and section 15 of the Local Government
Regulation 2012 to decide—
1. how the public interest test of Administration (Amendment) Local Law (No. 1) 2021
contained in Attachment 1 and Administration (Amendment) Subordinate
2. Local Law (No. 1) 2021 contained in Attachment 2 is to be conducted; and
3. the matters with which the public interest test report in relation to the local law and
subordinate local law must deal; and
4. the consultation process for the public interest test and how the process is to be used
in the public interest test;
D. Approve the complaints procedure contained in Attachment 4 for the purpose of providing a
plain English explanation of the process for dealing with complaints;
E. Refer the resource requirements for implementing the local law and proposed fees structure
for applications and annual renewals to the FY2021/22 budget process;
F. Allow resident letting agents for on-site managed complexes the ability to submit one
application form for their entire letting pool, with the fees applied per property within the letting
pool;
G. Authorise the CEO to make minor amendments to the documents prior to public notification;
H. That the CEO investigate incorporating a Council employed security firm replicating the
Mornington Peninsula model.
Special Meeting Minutes 16 July 2020, Item 1, Page 7
NOOSA PLAN 2020 – PRESENTED FOR ADOPTION AND IMPLEMENTATION FOLLOWING
MINISTERIAL APPROVAL
That Council note the report by the Director Environment & Sustainable Development to the Special
Meeting dated 16 July 2020; and
A. Adopt the Noosa Plan 2020 as amended as a result of State Interest Review and Ministerial
Conditions, as per attachments 2 – 22 of the report;
B. Set a date of 31 July 2020 for commencement of the new scheme;
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C. Authorise the CEO to make any minor amendments necessary to the Noosa Plan 2020 prior
to commencement;
D. Publicly notify adoption of the scheme in accordance with requirements of the Planning Act;
E. Provide the Chief Executive of Department State Development, Manufacturing, Infrastructure
and Planning a copy of the public notice;
F. Initiate a process to monitor over a two year period the effectiveness of the provisions in the
Noosa Plan 2020 with regard to industrial land and industry precincts to ensure the provisions
meet the objective of enabling the changing nature of businesses including increased
diversity in key sectors and provision for multi-purpose flexible work;
G. Provide a report back to Council on this monitoring program including any associated
recommended amendments to the Noosa Plan;
H. Monitor over the next 2 years the effectiveness of the provisions of the Noosa Plan 2020 in
enabling the delivery of housing choice and affordability to meet the diverse needs of the
community, specifically housing for those in our community on low incomes, with special
needs or in identified groups in need of community and affordable housing;
I. Provide a report back to Council on this monitoring program including any associated
recommended amendments to the Noosa Plan to strengthen the provisions towards these
outcomes; and
J. Complete and introduce a Local Law for Short term letting, including the associated code of
conduct to regulate short term letting.
Special Meeting Minutes 12 September 2019, Item 2, Page 6
PROPOSED LOCAL LAW AMENDMENTS – SHORT STAY LETTING
That Council note the report by the Planner to the Special Meeting dated 12 September
2019 regarding Proposed Local Law Amendments – Short Stay Letting and:
A. Propose to make:
1. Administration (Amendment) Local Law (No. 2) 2019 as provided at Attachment 1; and
2. Administration (Amendment) Subordinate Local Law (No. 2) 2019 as provided at
Attachment 2;
B. In accordance with Council’s Local Law Making Policy:
1. Consult with relevant government entities about the overall State interest in
Administration (Amendment) Local Law (No. 2) 2019 in accordance with the Local
Government Act 2009 (“the Act”), section 29A(3) and delegate authority to the Chief
Executive Officer to make changes in response to State comments; and
2. Consult with the public about Council’s proposal to make Administration (Amendment)
Local Law (No. 2) 2019 and Administration (Amendment) Subordinate Local Law (No.
2) 2019;
C. Pursuant to section 257 of the Act, delegate to the Chief Executive Officer its powers under
section 38 of the Act and section 15 of the Local Government Regulation 2012 to decide—
1. How the public interest test of Administration (Amendment) Local Law (No. 2) 2019
contained in Attachment 1 and Administration (Amendment) Subordinate Local Law
(No. 2) 2019 contained in Attachment 2 is to be conducted; and
2. The matters with which the public interest test report in relation to the local law and
subordinate local law must deal; and
3. The consultation process for the public interest test and how the process is to be used
in the public interest test;
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D. Waiver the proposed application fee for a short stay letting approval under the proposed
Local Law for a period of 6 months starting from the date of commencement of the Local Law
for short stay letting.
E. Authorise the CEO to make minor amendments to the documents prior to public notification.
9. Risks & Opportunities
The proposed local law provides an opportunity to better manage the ongoing operation of short
stay letting and home hosted accommodation with a standard set of rules for the safety of guests,
management of the property, complaints resolution and guest behaviour. Should the proposed local
law not proceed, the ongoing operation of short stay letting and home hosted accommodation will
continue unregulated with further risk of impacting the residential amenity of permanent residential
areas and guest safety.
The proposed local law has undergone 2 rounds of public consultation. Specific legal matters
identified in submissions have been addressed and changes made where required. Additional
changes are proposed to the proposed subordinate local law and the complaints management
approach in response to additional public submissions. The proposed local law has undergone
extensive legal review and is consistent with the legislative principles and local law making
requirements under the Local Government Act 2009.
Notwithstanding this, there is a risk short stay let and home hosted accommodation operators will
respond negatively to the introduction of the proposed local law and may not voluntarily respond to
the approval requirements and continue to operate contrary to the local law requirements.
This may also place an additional financial burden on Council in the initial 2-3 years of
implementation until costs to Council are fully covered.
10. Consultation
10.1 State government consultation
Consultation with 23 State government agencies was undertaken on Administration (Amendment)
Local Law (No.1) 2021 for a period just over of 3 weeks from 21 January until 13 February 2021.
The outcomes of this consultation was discussed in the Planning & Environment Committee
Meeting Report of 9 March 2021.
Whilst Council was not obliged to consult with state agencies on the content of the subordinate
local law, it was forwarded to SDILGP and Building Services for comment during the public
consultation period. No comments were received.
10.2 Stakeholder consultation on revised draft local law
Prior to public notification, consultation was undertaken with a targeted stakeholder group of six
industry representatives including holiday letting agents, onsite managers and the Noosa Short
Term Accommodation Association (NSTAA).
During the public consultation period relevant resident /community groups were invited to a
stakeholder meeting. Representatives from the following groups accepted the invitation and
attended:
▪ Noosa Waters Residents Association
▪ Noosa Residents and Rate Payers Association
▪ Cootharaba & Community Association
▪ Residents Against Unregulated Short Term Rental Accommodation
▪ Hastings Street Association
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10.3 Public consultation
As noted in section 2.2, public consultation was undertaken for a 7 week period. The results of the
consultation are outlined in section 2.3. Key issues and responses are outlined in Attachment 5
and the proposed changes summarised in section 4.The following table outlines the extent of public
consultation activities undertaken.
Consultation Extent
activity
Public consultation 7 weeks - 9 April – 28 May 2021
period
Formal public Noosa Today 9 April 2021
notice
Advertisements Noosa Today 5 x weekly advertisements; Cooroy rag 1 x advertisement; Your
Lifestyle 1 x advertisement
Static displays Draft local laws; plain English version; FAQs & 3 x factsheets; Public Interest Test
Tewantin Plan; complaints procedure flowchart; Short Term Accommodation guide & Home
Chambers & Hosted Accommodation NP2020 guide.
Pelican Place
Yoursay webpage Draft local laws, plain English version, FAQs & 3 x factsheets, Public Interest Test
Plan, complaints procedure flowchart, Council Report, Short Term Accommodation
guide & Home Hosted Accommodation NP2020 guide.
Media Releases Noosa Today, Council eNews – 3500 subscribers, Economic Development eNews
Mayoral columns Mayor weekly video x 2 & Mayor monthly columns –Eastern Beaches News,
Cooroy Rag, Noosa Today
Social media Facebook x 5 posts, boosted and location targeted 4 days, Instagram x 1, LinkedIn
x2
Radio campaign Hot 91, & Zinc – 15 seconds over 2 weeks
Factsheets Home hosted accommodation; Short stay letting; Contact person, complaints and
enforcement;
Frequently asked Questions; Complaints Procedure Flowchart.
Email / letter 20 community /resident groups; 46 real-estate / property managers; 51
notification development industry; 50 onsite resort managers; 25 business associations; 819
former submitters; 4300 properties paying tourism levy; 800 properties suspected
of STL
Attendees: Noosa Waters Residents Association; Noosa Residents & Rate
Community /
Payers Association; Cootharaba & Community Association; Residents Against
resident
Unregulated Short Term Rental Accommodation; Hastings St Associations
stakeholder
meeting
10.4 Internal Consultation
Consultation has been undertaken internally across Council departments with Local Laws,
Development Assessment, Economic Development, Strategic Planning, Governance, Customer
Service, Community Engagement, Building & Plumbing Services, Financial Services, ICT,
Revenue Services and the Chief Executive Officer in the preparation and finalisation of the
proposed local law.
Four Councillor workshops were held, two prior to public consultation and two following public
consultation. An online meeting was also held for Councillors with the Local Laws officer from
Mornington Peninsula Council.
Page 26 of 185
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Departments/Sections Consulted:
x Chief Executive Officer x Community Services X Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
x Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 27 of 185
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Attachment 1
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Attachment 1
ey fe Z
sD: cae ee
oe A NOe eae Lely (elt ee fee Reta = .
Noosa Shire Council
Administration (Amendment) Local
Law (No. 1) 2021
Page 28 of 185Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Page 29 of 185
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aSection 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Page 30 of 185
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Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
3
Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
Part 1 Preliminary
1. Short title
This local law may be cited as Administration (Amendment) Local Law
| (No. 1) 2021
1A Commencement
Part 2 commences on 1 Febmary 2022.
2. Purpose
The purpose of this local law is to amend Noosa Shire Council Local Law No. 1
(Administration) 2015.
Part 2 Amendment of Noosa Shire Council Local
Law No. 1 (Administration) 2015
3. Local law amended
This part amends Noosa Shire Council Local Law No. 1 (Administration) 2015.
4. Amendment of sch 1 (Dictionary)
(1) Schedule 1, defimition shared facility accommodaton—
omit, insert—
‘shared facility accommodation—
(a) means accommodation occupied or available for occupation by residents. in
retum for payment, on the basis of residents sharing 1 or more of the
following facilities—
(i) dormitones or bedrooms;
(ui) toilets:
(i) bathrooms, showers or other bathing facilities;
(iv) laundnes;
(v) diming facilities;
(v1) cooking facilities:
(vi) recreation facilities; but
(o) does not include any of the following—
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Noosa Shire Council
Admmistration -—s Local Law (No. 1) 2021
G) short stay letting:
(ii) home hosted accommodation;
(iui) accommodation in a hotel:
(iv) accommodation in a motel.”.
@) Schedule 1—
Insert—
‘short stay lethng —
(a) means the provision, or making available, of premises for use by 1 or more
persons, other than the owner of the premises, for less than 3 consecutive
months; but
(b) does not include any of the following—
@) shared facility accommodation;
(ii) home hosted accommodation;
(iui) accommodation in a hotel:
(iv) accommodation in a motel:
(v) backpacker accommodation.
home hosted accommodation means the provision, or making available, of
premises—
(a) for use by 1 or more persons (each an occupant), other than the owner of
the premises, for less than 3 consecutive months; and
(bo) which compnse—
@) a habitable room at residential premises, for example, a bedroom,
studio or cabin; or
(i) bed and breakfast style accommodation; and
(c) where the person im charge of the premises resides at the premises whilst the
5. Amendment of sch2 (Prescribed activities)
(1) Schedule 2 part 1, after ‘undertaking regulated activities on local government
controlled areas and roads —
insert—
‘operation of short stay letting or home hosted accommodation’.
Q) Schedule 2, part 2. definition operation of shared facility accommodation—
omit, insert—
‘operation of shared facility accommodation means the provision of shared
facility accommodation to holiday makers or travellers, but does not include any
of the followmg—
(a) short stay letting:
(b) home hosted accommodation;
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Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
5
(c) accommodation in a hotel:
(d) accommodation in a motel.’.
(3) Schedule 2, part 2, after the definition for the prescribed activity ‘undertaking
regulated activites on local government controlled areas and roads —
insert—
‘operation of short stay letting or home hosted accommodanon means the
provision, or making available. on a commercial basis, of short stay letting or
home hosted accommodation.’.
This and the preceding 4 pages bearing my mitials is a certified copy of Administration
(Amendment) Local Law (No. 1) 202] made mm accordance with the provisions of the Local
Government Act 2009 by Noosa Shire Council by resolution dated the 21——— day of
October ——————___—_—_——_—_—_—_2021.
Chief Executive Officer 11188621
Page 32 of 185Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Attachment 2
Page 33 of 185
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Attachment 2
NOOSA COUNCIL Ff -Sag= —,
a 7 See ee
Noosa Shire Council
Administration (Amendment)
Subordinate Local Law (No. 1) 2021
: TEVWANTIN QLD 4565 F, (07) 5329 6501 Wis Allee): Re LOR eat
Page 33 of 185Section 34
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Noosa Shire Council
Administration (Amendment) Subordinate Local Law (No. 1) 2021 2
Contents
Part 1 PLeliMIMALy ........cccccccceeeeessseeeesseeeeeneeeeenseeecenseseeeeeeseeneeeetsseseeeteteeesseee O
3. Authorising local law __... 2... eee eee eeeeeeeeeeceeteeees D
Part 2 Amendment of Subordinate Local Law No. 1 (Administration)
4. Subordinate local law amended .. o.oo. ee ce ceeeeeeeeeeeceeeeeceeeeeeeeseeees D
5. Insertion of new sch 21A —Operation of short stay letting or home hosted
ACCOMMOMAAION —. oo... nen eee ee cn ee ee nnee eee eeceececeteceseerectseecesetecessessetseeees D
Page 34 of 185Section 35
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Noosa Shire Council
Administration (Amendment) Subordinate Local Law (No. 1) 2021 3
Noosa Shire Council
Administration (Amendment) Subordinate Local Law
(No. 1) 2021
Part 1 Preliminary
1. Short title
This subordinate local law may be cited as Administration (Amendment)
| Subordinate Local Law (No. 1) 2021.
1A Commencement
Part 2 commences on 1 February 2022.
2. Purpose
The purpose of this subordinate local law is to amend Subordinate Local Law No 1
(Administration) 2015.
3. Authorising local law
The making of the provisions of this subordinate local law is authorised by Noosa
Shire Council Local Law No.1 (Administration) 2015.
Part 2 Amendment of Subordinate Local Law No. 1
(Administration) 2015
4. Subordinate local law amended
This part amends Subordinate Local Law No. ] (Administration) 2015.
5. Insertion of new sch 21A —Operation of short stay letting or home hosted
accommodation
After schedule 21—
insert —
‘Schedule 21A Operation of short stay letting or home
hosted accommodation
Section 11
1 ‘Prescribed activity
Operation of short stay letting or home hosted accommodation.
2 Activities that do not require approval under the authorising locallaw
An approval is not required in respect of the undertaking of the prescribed
activity if the prescribed activity is undertaken at any of the following
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 4
premises —
(a) all premises located within the Hastings Street Mixed Use Precinct
as identified in the planning scheme of the local government: or
(b) premises located at any of the following sites—
(i) lot 1 on SP286680, 215 David Low Way, Peregian Beach:
(ii) SP190823 and SP151409. 3-5 Morwong Drive, Noosa
Heads, (Viridian Noosa Resort):
(iii) lot 10 and lot 11 on SP195871, 3-7 Serenity Close. Noosa
Heads (Settlers Cove resort site):
(iv) lot 203 on SP267424 and lot 3 on SP126203, 94 or 142
Noosa Drive. Noosa Heads (RACV Resort and adjoining
land):
#e(v) GTP102758. 73 Hilton Terrace. Noosaville (Ivory Palms
Resort):
S4(vi) SP115731, 3 Hilton Terrace. Tewantin (Noosa Lakes
Resort):
evil) slot 2 on RP135678. 1 Beach Road. Noosa North
Shore:
(viii) lot 2 on SP186169,. 30 Beach Road, Noosa North
Shore:
}(ix) lot 500 on SP215779 and lot 500 on SP186174 and any of
the Beach Road Holiday Homes, 90 Beach Road. Noosa
North Shore:
(x) lot 2 on RP865533, 2 Halse Lane, Noosa Heads (Halse
Lodge):
Sa3(xi) lot 4 on SP178340, 61 Noosa Springs Drive, Noosa
Heads.
3 Documents and materials that must accompany applications for
approval
The following documents and materials must accompany an application for an
approval for the operation of short stay letting or home hosted accommodation
at premises—
(a) application form: and
(b) the appropriate fees as determined in the local government's schedule
of fees and charges: and
(c) the documents. information and materials identified in the application
form for the prescribed activity; and
(d) a plan of the premises and specifications for the operation of the short
| stay letting or home hosted accommodation including—
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 i
(i) a site plan showing the location of all buildings. including
any outdoor entertainment areas. swimming pool or spa.
vehicle parking areas and the location of windows and door
openings of adjoining dwellings: and
(ii) a floor plan: and
(iii) the use proposed in respect of each room and the maximum
number of persons to be accommodated in each bedroom:
and
(e) written confirmation that—
(i) the use of the premises for the operation of short stay letting
or home hosted accommodation is authorised—
(A) by a development approval granted by the local
government: or
(B) as accepted development or accepted development
subject to requirement provisions of the local
government's planning scheme; or
(C) by lawful use rights in existence on the date the
application is made to the local government; and
(ii) the operation of short stay letting or home hosted
accommodation at the premises complies with—
(A) if development approval conditions apply to the
operation of the prescribed activity at the premises —
the development approval conditions; or
(B) if development approval conditions do not apply to
the operation of the prescribed activity at the
premises — the planning scheme of the local
government which applied at the time the operation
of the prescribed activity commenced at the premises;
and
(f) written confirmation that the premises will not be used for the
purposes of a party house as defined in the Planning Act 2016.
section 276; and
(g)__written confirmation that. under the Building Act 1975—
(i) the premises are lawfully constructed: and
(ii) ___ the use of the premises for the prescribed activity is authorised
by the classification attributable to the premises: and’.
(h) if a pool is situated on the premises — written confirmation that a
current pool safety certificate has been issued by a QBCC licensed
pool safety inspector_and that a current pool safety certificate will be
maintained at all times: and
(i) written confirmation that a current electrical safety certificate of
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 6
compliance has been issued by a licensed electrical contractor for
each smoke alarm at the premises: and
(j) if the application is for an approval to operate short stay letting — a
written statement that —
(i) identifies the name and telephone number of the contact
person (which may include the name and contact details of
an individual. letting agency. property manager. security firm
or the like) for the purposes of the operation of the short stay
letting at the premises; and
(ii) | confirms that the contact person is available 24 hours a day.
7 days a week; and
(iii) confirms that the contact person resides, or has a place of
business. within a 20 sinutes—tmayeltme—(b—ehicle)
kilometer radius of the premises; and
(iv) confirms that the contact person is to be responsible for the
supervision and management of the premises. including
addressing complaints about the use of the premises for short
stay letting and visitor queries.
4 Additional criteria for the granting of approval
The local government may only grant an approval (or renew an approval) for
the operation of short stay letting or home hosted accommodation at premises
if it is satisfied the proposed operation and management of the activity would
be consistent with each of the following additional criteria—
(a) the applicant is the owner of the premises. or is authorised in
writing by the owner of the premises. used for the short stay
letting or home hosted accommodation:
(b) the operation of the short stay letting or home hosted
accommodation can be lawfully conducted on the premises:
(c) the matters which are the subject of the conditions specified in
section 6 of this schedule which are relevant to the operation of
the short stay letting or home hosted accommodation at the
premises can be adequately addressed by the imposition of
conditions:
(d) the applicant's history in respect of the operation of short stay
letting or home hosted accommodation at the premises or other
premises and any suspensions or cancellations pursuant to
section 17 or 19 of the authorising local law:
(e) the operation of the short stay letting or home hosted
accommodation must comply with the following criteria—
(i) the operation of the short stay letting or home hosted
accommodation must comply with—
(A) — any relevant development approval: or
(B) accepted development or accepted development
subject to requirement provisions of the local
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 7
government's planning scheme: or
(Cc) for premises with lawful use rights — the local
government's planning scheme which applied at
the date the lawful use commenced:
(ii) the operation of the short stay letting or home hosted
accommodation at the premises must not detrimentally
affect the residential amenity (including, but not limited
to, noise, overlooking or light spill) enjoyed by-zesidents
adjoining. or in the vicinity of the premises secident:—in-the
scinit-of i ion
(ii1) adequate on-site vehicular parking facilities must be
provided at the premises:
(f) ifthe application is for an approval to operate short stay letting at
premises — the applicant must provide to the local government
up to date details of a person (contact person) (which may
include the name and contact details of an individual, letting agent.
| property manager, security firm or the like) being a person who—
(i) is available 24 hours a day. 7 days a week: and
(ii) resides, or has a place of business, within 20-—minutes
travel-time—_(ba—rehicle}—a_ 20 kilometer radius of the
premises; and
(iii) will be responsible for the supervision and management of
the premises, including addressing complaints about the
use of the premises for short stay letting and visitor
queries.
5 Conditions that must be imposed on approvals
No condition must be imposed on an approval for the operation of short stay
letting or home hosted accommodation at premises.
6 Conditions that will ordinarily be imposed on approvals
(1) This section specifies the conditions that will ordinarily be imposed on an
approval for the operation of short stay letting or home hosted
accommodation at premises.
(2) Ifthe approval is for the operation of short stay letting —
(a) an up to date contact person must be identified for the premises at
all times (which may include an individual, letting agent. property
| manager, security firm or the like), who —
(i) is available 24 hours a day, 7 days a week: and
(ii) resides, or has a place of business. within 20-minutes+ravel
tmeoyrehteieja 20 kilometer radius of the premises: and
(iii) -is responsible for the supervision and management of the
premises, including addressing complaints about the use of
the premises for short stay letting and visitor queries; and
(iv) is responsible for responding to each complaint —
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 8
(A) within 30 minutes of receipt of notification of the
complaint: or
(B) if the premises forms part of the letting pool within
an on-site managed complex — within the time
frame specified by the letting agreement for the
complex, or 30 minutes, whichever is the lesser: or
| (C) _if the premises forms part of a community titles
scheme and does not form part of the letting pool
within an on-site managed complex — within the
time frame specified by the body corporate bylaws
or 30 minutes, whichever is the lesser and if a time
frame is not specified in the body corporate
bylaws. within 30 minutes: and
(v) is responsible for resolving each complaint at the premises,
including ensuring compliance with the requirements of the
code of conduct for guest behavior: and
| (b) ifthe premises does not form part of a community titles scheme —
(i) the holder of the approval must prominently and
permanently display a current. and up to date, written notice
| (eontectpersoxapproval notice) at the front of the premises:
and
| (ii) ‘the eentactpersenapproval notice must be visible to members
of the public at all times; and
ee,
the size of the approval notice must_be_a minimum and
maximum size of 0.2m2?: and
{iv) the approval notice must specify. in letters and numbers not
less than 50mm in height—
(A) the current. and up to date. contact details for a
complaint: and
(B) the approval number allocated by the local
government to the approval for the undertaking of
the prescribed activity at the premises: and
(c) ifthe premises forms part of a community titles scheme. the holder
of the approval must notify the body corporate of the approval and
display _an approval notice which complies with the requirements
specified in subsection (2)(b)(i) to (iv) inclusive. make-available -the
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 9
(3) If the approval is for the operation of short stay letting or home hosted
accommodation at premises—
(a) the operation of the short stay letting or home hosted
accommodation must not detrimentally affect the residential
amenity (including but not limited to noise, overlooking or light
spill) enjoyed by—recitent inthe ici ofthe premises residents
adjoining. or in the vicinity of, the premises; and
(b) the operation of the short stay letting or home hosted
accommodation at the premises must not constitute a nuisance
(including a noise nuisance): and
(c) adequate provision must be made at the premises for occupants to
enter and leave the premises without causing disturbance to
adjoining residents: and
(d) adequate provision must be made for the parking of-vehtetes-en-the
premices- vehicles including boats. trailers. jet skis and the like. on
the premises including a vehicle used by a person occupying the
premises, and all vehicles must—
(i) be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises: and
(ii) be parked within the parking facilities at the premises where
provided; and
(e) the operation of short stay letting or home hosted accommodation
must not make provision for any occupant of the premises to sleep
or camp on the premises in a tent. caravan, campervan or similar
facility: and
| (f) the holder of the approval must, at all times, hold and maintain a
broadform public liability insurance policy which provides
indemnity—
(i) in an amount not less than $10.000.000.00 or another amount
specified by the local government: and
(ii) in respect of the use of the premises for the operation of short
stay letting or home hosted accommodation: and
(g) waste containers that are provided as part of the operation of the
short stay letting or home hosted accommodation must. at all times.
be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition: and
| (h) if the premises does not form part of a community titles scheme
where waste containers are managed by the body corporate — each
of the approval holder and, if the contact person is not the approval
holder. the contact person, must—
(i) place the waste container for the premises on the kerb side
frontage of the premises. for the collection of general waste
from the container: and
(ii) _ ensure that the container is placed on the kerb side frontage
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 10
for no longer than 24 hours before or after the scheduled
collection day for the collection of waste in the container;
and
(ii) __if the premises are not provided with a kerb side frontage
general waste collection service — ensure that general waste
from _ the premises _is removed from the premises and
disposed of at a general waste facility. and
(i) the code of conduct for guest behavior for the use, or occupation, of
the . ,
G@) displayed in a manner, and in a prominent location within the
premises, so that it can be viewed by persons using, or
occupying, the premises; and
(ii) ~—s made available by the holder of the approval, or the contact
person, to all users and occupants of the premises, including
on any website or social media used to promote the use of
the premises for short stay letting or home hosted
accommodation; and
(j) each of the approval holder and. if the contact person is not the
approval holder, the contact person, must keep and maintain a written
record of each complaint received by the contact person_ancluding, as a
minimum_and for a period of not less than 2 years, the following
information about each complaint —
(i) details of the complaint: and
(a) the date and time of receipt of the complaint; and
(mi) —_ details of how the complaint was resolved or addressed; and
(k) each of the approval holder and. if the contact person is not the
approval holder, the contact person, must_for a period of not less than
2 years keep and maintain a register of the use of the premicesforcher
steyetine_premises and record in the register, each of the following
(i) on each occasion on which the premises are used, or occupied,
| forshertsta;leting on on a commercial basis —
(A) | the number of adults who are occupants of the premises:
and
(B) the number of minors, an individual who is under 18,
who are occupants of the premises; and
| (a) the dates when each person’s use, or occupation, of the premises
for short stay letting began and ended; and
(i) ‘the number of guests of each person who uses, or occupies, the
premises for short stay lettimg: and
() each of the approval holder and, if the contact person is not the
approval holder, the contact person, must make available, for
inspection by the local government, within 5 business days of receipt of
a wiitten request given at any time, each of—
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 Il
(i) ‘the wnitten record of complaints referred to in paragraph (j); and
(u) __‘ the register referred to m paragraph (k); and
(m) each of the approval holder and, if the contact person is not the
approval holder, the contact person, must require each occupant of
the premises to comply with each of the following conditions
(collectively the code of conduct for guest behaviour)}—
@) ~— each vehicle used by an occupant of the premises must—
(A) be stored in a manner that does not cause a nuisance
or inconvenience to adjoiming premises: and
| @®)
be parked within the parking facilities at the
premises;
(ii) ~~ each occupant of the premises who enters, uses or occupies
the premises, including any outdoor area of the premises, for
| example, an outdoor_entertainment area. —deck, balcony.
swimming pool or spa, must not—
(A) detrimentally affect the residential amenity
(Gancluding but not limited to noise. overlooking or
light spill) enjoyed by-residents-ta-the-viessty—of
the-premuses residents adjoinins. or in the vicinity of.
the premises: or
(B) sc cause a mnisance (including a noise nuisance); or
(C) = display unacceptable behavior, for example—
. loud aggressive behaviour;
. yelling, screaming. arguing:
. excessively loud cheering. clapping or singing:
or
() ~~ create a level of noise which is in excess of the
acceptable levels described by Queensland
Government legislation for environmental protection
(noise):
(iit) am occupant of the premises must not sleep or camp on the
premises in a tent, caravan, campervan or similar facility;
(iv) pets occupying the premises must be managed and not cause
a nuisance (including a noise nuisance);
(v) each occupant of the premises must store general waste
(including the separation of recyclable waste) produced as a
result of the ordinary use or occupation of the premises in a
waste container;
(wi) each occupant of the premises must ensure that the premises,
including the grounds of the premises, are kept in a safe and
tidy condition.
7 Term of approval
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 12
(1) The term of an approval commences on the date the approval is granted
and expires on the next 30th day of June. unless otherwise specified in the
(2) An approval expires at the end of the day for expiry specified in
subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30" day of June. unless
otherwise specified in the renewal.
9 Definitions for schedule
In this schedule —
body corporate has the meaning given in the Body Corporate and Community
Management Act 1997.
building has the meaning given in the Building Act 1975.
code of conduct for guest behaviour has the meaning given in section
6(3)(m).
community titles scheme has the meaning given in the Body Corporate and
Community Management Act 1997.
contact person has the meaning given in section-4(¢} section 4(f) -
contact persexapproval notice has the meaning given in section 6(2)(b).
development approval has the meaning given in the Planning Act 2016.
general waste has the meaning given in Local Law No.7 (Waste
Management) 2018.
occupant, of premises, means a person who uses, or occupies, the premises.
including a visitor to the premises.
planning scheme means the planning scheme of the local government.
vehicle has the meaning given in the Transport Operations (Road Use
Management) Act 1995.
| waste container see Local Law No. 7 (Waste Management) 2018.-.
This and the preceding 11 pages bearing my initials is a certified copy of Administration
(Amendment) Subordinate Local Law (No. 1) 202] made in accordance with the provisions of
the Local Government Act 2009 by Noosa Shire Council by resolution dated the —21st_day of
October ———_——2021.
Chief Executive Officer
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Attachment 3
1
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Attachment 3
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Noosa Shire Council
Administration (Amendment) Local
Law (No. 1) 2021
TEWANTIN QLD 4565 F. (07) 5329 6501 AY Oo fee lant al!
Page 45 of 185Section 46
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Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
2
Contents
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Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
3
Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2021
Part 1 Preliminary
1. Short title
This local law may be cited as Administration (Amendment) Local Law
(No. 1) 2021
2. Purpose
The purpose of this local law is to amend Noosa Shire Council Local Law No. I
(Administration) 2015.
Part 2 Amendment of Noosa Shire Council Local
Law No. 1 (Administration) 2015
3. Local law amended
This part amends Noosa Shire Council Local Law No. I (Administration) 2015.
4. Amendment of sch 1 (Dictionary)
(1) Schedule 1, definition shared facility accommodation—
omit, insert—
‘shared facility accommodation—
(a) means accommodation occupied or available for occupation by residents, in
return for payment, on the basis of residents sharing 1 or more of the
following facilities—
(3) dormitories or bedrooms:
(a) toilets:
(1) bathrooms, showers or other bathing facilities:
(rv) laundries;
(v) dining facilities:
(v1) cooking facilities:
(vu) recreation facilities; but
(b) does not imclude any of the following—
(i) short stay letting:
(1) home hosted accommodation:
(m1) accommodation in a hotel:
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Noosa Shire Council
Administration ear Local Law (No. 1) 2021
(iv) accommodation in a motel.’
(2) Schedule 1—
insert—
“short stay letting —
(a) means the provision, or making available, of premises for use by 1 or more
persons, other than the owner of the premises, for less than 3 consecutive
months: but
(b) does not include any of the following—
(3) shared facility accommodation:
(1) home hosted accommodation:
(i) accommodation in a hotel:
(iv) accommodation in a motel;
(v) backpacker accommodation.
home hosted accommodation means the provision, or making available, of
premises—
(a) for use by 1 or more persons (each an occupant), other than the owner of
the premises, for less than 3 consecutive months; and
(b) which comprise—
(3) ahabitable room at residential premises, for example, a bedroom,
studio or cabin; or
(a) bed and breakfast style accommodation; and
(c) where the person in charge of the premises resides at the premises whilst the
occupant uses the premises. ’.
5. Amendment of sch2 (Prescribed activities)
(1) Schedule 2 part 1, after ‘undertaking regulated activities on local government
controlled areas and roads’—
insert—
‘operation of short stay letting or home hosted accommodation’.
(2) Schedule 2, part 2, definition operation of shared facility accommodation—
omit, insert—
‘operation of shared facility accommodation means the provision of shared
facility accommodation to holiday makers or travellers, but does not include any
of the following—
(a) _ short stay letting:
(b) home hosted accommodation;
(c) accommodation in a hotel:
(d) accommodation in a motel’.
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Administration (Amendment) Local Law (No. 1) 2021
5
(3) Schedule 2, part 2, after the definition for the prescribed activity ‘undertaking
regulated activities on local government controlled areas and roads’ —
insert—
‘operation of short stay letting or home hosted accommodation means the
provision, or making available, on a commercial basis, of short stay letting or
home hosted accommodation.’.
This and the preceding 4 pages bearing my mitials is a certified copy of Administration
(Amendment) Local Law (No. 1) 202] made in accordance with the provisions of the Local
Government Act 2009 by Noosa Shire Council by resolution dated the day of
2021.
Chief Executive Officer 1023094_1
Page 49 of 185Section 50
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Attachment 4
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Attachment 4
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Noosa Shire Council
Administration (Amendment)
Subordinate Local Law (No. 1) 2021
TEWANTIN OLD 4565 F. (07) 5329 6501 Vww.noosa.qid.gov.au
Page 50 of 185Section 51
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Noosa Shire Council
Administration (Amendment) Subordinate Local Law (No. 1) 2021 2
Contents
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5. Insertion of new sch 21A —Operation of short stay letting or home hosted
ACCOMMTOGM ON 22525 BS REE EIIEILE
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 3
Noosa Shire Council
Administration (Amendment) Subordinate Local Law
(No. 1) 2021
Part 1 Preliminary
1. Short title
This subordinate local law may be cited as Administration (Amendment)
Subordinate Local Law (No. 1) 2021.
2. Purpose
The purpose of this subordinate local law is to amend Subordinate Local Law No I
(Administration) 2015.
3. Authorising local law
The making of the provisions of this subordinate local law is authorised by Noosa
Shire Council Local Law No.1 (Administration) 2015.
Part 2 Amendment of Subordinate Local Law No. 1
(Administration) 2015
4. Subordinate local law amended
This part amends Subordinate Local Law No. I (Administration) 2015.
5. Insertion of new sch 21A —Operation of short stay letting or home hosted
accommodation
After schedule 21—
insert —
“Schedule 21A Operation of short stay letting or home
hosted accommodation
Section 11
1 Prescribed activity
Operation of short stay letting or home hosted accommodation.
2 Activities that do not require approval under the authorising local law
An approval is not required in respect of the undertaking of the prescribed
activity if the prescnbed activity is undertaken at any of the following
premises —
(a) all premises located within the Hastings Street Mixed Use Precinct
as identified in the planning scheme of the local government; or
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 4
(b) premises located at any of the following sites—
(1) lot 1 on SP286680, 215 David Low Way, Peregian Beach:
(u) SP190823 and SP151409, 3-5 Morwong Dnve, Noosa
Heads, (Viridian Noosa Resort):
(111) lot 10 and lot 11 on SP195871, 3-7 Serenity Close, Noosa
Heads (Settlers Cove resort site);
(iv) lot 203 on SP267424 and lot 3 on SP126203, 94 or 142
Noosa Drive, Noosa Heads (RACV Resort and adjoining
land):
(v) lots 201 and 8000 and common property on SP290680, 75
Resort Drive, Noosa Heads (Parkndge Noosa):
(vi) GTP102758, 73 Hilton Terrace, Noosaville (Ivory Palms
Resort):
(vi) SP115731, 3 Hilton Terrace, Tewantin (Noosa Lakes
Resort):
(vii) lot 2 on RP135678, 1 Beach Road, Noosa North Shore:
(ix) lot 2 on SP186169, 30 Beach Road, Noosa North Shore:
(x) lot 500 on SP215779 and lot 500 on SP186174 and any of
the Beach Road Holiday Homes, 90 Beach Road, Noosa
North Shore;
(xi) lot 2 on RP865533, 2 Halse Lane, Noosa Heads (Halse
Lodge);
(x11) lot 4 on SP178340, 61 Noosa Springs Drive, Noosa Heads.
3 Documents and materials that must accompany applications for
approval
The following documents and materials must accompany an application for an
approval for the operation of short stay letting or home hosted accommodation
at premises—
(a) application form: and
(b) the appropriate fees as determined in the local government’s schedule
of fees and charges: and
(c) the documents, information and materials identified in the application
form for the prescribed activity; and
(d) a plan of the premises and specifications for the operation of the short
stay letting or home hosted accommodation including—
(1) a site plan showing the location of all buildings, including
any swimming pool or spa; and
(11) a floor plan; and
(111) the use proposed in respect of each room and the maximum
number of persons to be accommodated in each bedroom:
and
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 a
(e) written confirmation that—
(1) the use of the premises for the operation of short stay letting
or home hosted accommodation is authorised—
(A) by a development approval granted by the local
government; or
(B) as accepted development or accepted development
subject to requirement provisions of the local
government's planning scheme: or
(C) _ by lawful use mghts in existence on the date the
application is made to the local government: and
(1) the operation of short stay letting or home hosted
accommodation at the premises complies with—
(A) if development approval conditions apply to the
operation of the prescribed activity at the premises —
the development approval conditions: or
(B) if development approval conditions do not apply to
the operation of the prescribed activity at the
premises — the planning scheme of the local
government which applied at the time the operation
of the prescribed activity commenced at the premises:
and
(f) written confirmation that the premises will not be used for the
purposes of a party house as defined in the Planning Act 2016,
section 276: and
(g) written confirmation that the premises are structurally sound and in
good repair: and
(h) fa pool is situated on the premises — wmnitten confirmation that a
current pool safety certificate has been issued by a QBCC licensed
pool safety inspector; and
(1) written confirmation that a current electrical safety certificate of
compliance has been issued by a licensed electrical contractor for
each smoke alarm at the premises: and
(j) if the application is for an approval to operate short stay letting — a
written statement that —
(i) identifies the name and telephone number of the contact
person (which may include the name and contact details of
an individual, letting agency, property manager, security firm
or the like) for the purposes of the operation of the short stay
letting at the premises: and
(1) confirms that the contact person is available 24 hours a day,
7 days a week: and
(111) confirms that the contact person resides, or has a place of
business, within 20 minutes travel time (by vehicle) of the
premises: and
(iv) confirms that the contact person is to be responsible for the
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supervision and management of the premises, including
addressing complaints about the use of the premises for short
stay letting and visitor queries.
4 Additional criteria for the granting of approval
The local government may only grant an approval (or renew an approval) for
the operation of short stay letting or home hosted accommodation at premises
if it is satisfied the proposed operation and management of the activity would
be consistent with each of the following additional cniteria—
(a) the applicant is the owner of the premises, or is authorised in
writing by the owner of the premises, used for the short stay
letting or home hosted accommodation;
(b) the operation of the short stay letting or home hosted
accommodation can be lawfully conducted on the premises;
(c) the matters which are the subject of the conditions specified in
section 6 of this schedule which are relevant to the operation of
the short stay letting or home hosted accommodation at the
premises can be adequately addressed by the imposition of
conditions;
(d) the applicant’s history in respect of the operation of short stay
letting or home hosted accommodation at the premises or other
premises and any suspensions or cancellations pursuant to
section 17 or 19 of the authorising local law:
(e) the operation of the short stay letting or home hosted
accommodation must comply with the following criteria—
(1) the operation of the short stay letting or home hosted
accommodation must comply with—
(A) any relevant development approval: or
(B) accepted development or accepted development
subject to requirement provisions of the local
government’s planning scheme; or
(C) for premises with lawful use nghts — the local
government’s planning scheme which applied at
the date the lawful use commenced:
(11) the operation of the short stay letting or home hosted
accommodation at the premises must not detrimentally
affect the residential amenity (including, but not limited
to, noise, overlooking or light spill) enjoyed by residents
in the vicinity of the premises;
(11) adequate on-site vehicular parking facilities must be
provided at the premises:
(f) if the application is for an approval to operate short stay letting at
premises — the applicant must provide to the local government
up to date details of a person (contact person) (which may
include the name and contact details of an individual, letting agent,
property manager or the like) being a person who—
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(1) is available 24 hours a day, 7 days a week: and
(11) resides. or has a place of business, within 20 minutes
travel time (by vehicle) of the premises: and
(111) will be responsible for the supervision and management of
the premises, including addressing complaints about the
use of the premises for short stay letting and visitor
queries.
5 Conditions that must be imposed on approvals
No condition must be imposed on an approval for the operation of short stay
letting or home hosted accommodation at premises.
6 Conditions that will ordinarily be imposed on approvals
(1) This section specifies the conditions that will ordinarily be imposed on an
approval for the operation of short stay letting or home hosted
accommodation at premises.
(2) If the approval is for the operation of short stay letting —
(a) an up to date contact person must be identified for the premises at
all times (which may include an individual, letting agent, property
manager or the like), who —
(1) is available 24 hours a day, 7 days a week: and
(41) resides, or has a place of business, within 20 minutes travel
time (by vehicle) of the premises: and
(411) is responsible for the supervision and management of the
premises, including addressing complaints about the use of
the premises for short stay letting and visitor queries: and
(iv) 1s responsible for responding to each complaint —
(A) — within 30 minutes of receipt of notification of the
complaint: or
(B) if the premises forms part of the letting pool within
an on-site managed complex — within the time
frame specified by the letting agreement for the
complex, or 30 minutes, whichever is the lesser: or
(C) if the premises forms part of a community titles
scheme and does not form part of the letting pool
within an on-site managed complex — within the
time frame specified by the body corporate bylaws
or 30 minutes, whichever is the lesser and if a time
frame is not specified in the body corporate
bylaws, within 30 minutes; and
(v) 1s responsible for resolving each complaint at the premises,
including ensuring compliance with the requirements of the
code of conduct for guest behavior; and
(b) ifthe premises do not form part of a community titles scheme —
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(1) the holder of the approval must prominently and
permanently display a current, and up to date, written notice
(contact person notice) at the front of the premises; and
(41) the contact person notice must be visible to members of the
public at all times; and
(iii) the size of the contact person notice must not exceed 0.2m?:
and
(iv) the contact person notice must specify, in letters and numbers
not less than 50mm in height—
(A) | the current, and up to date, contact person details for
the premises: and
(B) _ the telephone number of the contact person: and
(C) a statement that the contact person is responsible for
the supervision and maintenance of the premises: and
(c) ifthe premises forms part of a community titles scheme, the holder
of the approval must notify the body corporate of the approval and
make available the contact person details for the premises at a
location which complies with the by-laws for the community titles
scheme.
(3) If the approval is for the operation of short stay letting or home hosted
accommodation at premises—
(a) the operation of the short stay letting or home hosted
accommodation must not detnmentally affect the residential
amenity (including but not limited to noise, overlooking or light
spill) enjoyed by residents in the vicinity of the premises; and
(b) the operation of the short stay letting or home hosted
accommodation at the premises must not constitute a nuisance
(including a noise nuisance): and
(c) adequate provision must be made at the premises for occupants to
enter and leave the premises without causing disturbance to
adjoining residents: and
(d) adequate provision must be made for the parking of vehicles on the
premises, including a vehicle used by a person occupying the
premises, and all vehicles must—
(1) be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises; and
(41) be parked within the parking facilities at the premises where
provided; and
(e) the operation of short stay letting or home hosted accommodation
must not make provision for any occupant of the premises to sleep
or camp on the premises in a tent, caravan, campervan or similar
facility: and
(f) the holder of the approval must, at all times, hold and maintain a
broadform public liability insurance policy which provides
sidemaaty
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 9
(1) in an amount not less than $10,000,000.00 or another amount
specified by the local govemment: and
(1) in respect of the use of the premises for the operation of short
stay letting or home hosted accommodation; and
(g) waste containers that are provided as part of the operation of the
short stay letting or home hosted accommodation must, at all times,
be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition: and
(h) if the premises do not form part of a community titles scheme where
waste containers are managed by the body corporate — each of the
approval holder and, if the contact person is not the approval holder.
the contact person, must—
(i) place the waste container for the premises on the kerb side
frontage of the premises, for the collection of general waste
from the container: and
(11) | ensure that the container is placed on the kerb side frontage
for no longer than 24 hours before or after the scheduled
collection day for the collection of waste in the container:
and
(1) | the code of conduct for guest behavior for the use, or occupation, of
the premises must be—
(1) displayed in a manner, and in a prominent location within the
premises, so that it can be viewed by persons using, or
occupying, the premises; and
(11) made available by the holder of the approval, or the contact
person, to all users and occupants of the premises, including
on any website or social media used to promote the use of
the premises for short stay letting or home hosted
accommodation: and
(j) | each of the approval holder and, if the contact person is not the
approval holder, the contact person, must keep and maintain a written
record of each complaint received by the contact person including, as a
minimum, the following information about each complaint —
(1) details of the complaint: and
(1) the date and time of receipt of the complaint: and
(1) details of how the complaint was resolved or addressed; and
(k) each of the approval holder and, if the contact person is not the
approval holder, the contact person, must keep and maintain a register
of the use of the premises for short stay lettmg, and record in the
register, each of the following —
(1) on each occasion on which the premises are used, or occupied,
for short stay letting on a commercial basis —
(A) — the number of adults who are occupants of the premises;
and
(B) the number of minors, an individual who 1s under 18,
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who are occupants of the premises; and
(1) the dates when each persons use, or occupation, of the premises
for short stay letting began and ended: and
(1) the number of guests of each person who uses, or occupies, the
premises for short stay letting: and
(1) each of the approval holder and, if the contact person is not the
approval holder, the contact person, must make available, for
imspection by the local government, within 5 business days of receipt of
a wiitten request given at any time, each of—
(2) the written record of complaints referred to in paragraph (j); and
(ii) the register referred to in paragraph (k); and
(m) each of the approval holder and, if the contact person is not the
approval holder, the contact person, must require each occupant of
the premises to comply with each of the following conditions
(collectively the code of conduct for guest behaviour)}—
(1) each vehicle used by an occupant of the premises must—
(A) be stored in a manner that does not cause a nuisance
or inconvenience to adjoining premises; and
(B) if parking facilities are provided at the premises —
be parked within the parking facilities at the
premises:
(41) | each occupant of the premises who enters, uses or occupies
the premises, including any outdoor area of the premises, for
example, an outdoor deck, balcony, swimming pool or spa,
must not—
(A) detrimentally affect the residential amenity
(including but not limited to noise, overlooking or
light spill) enjoyed by residents in the vicinity of the
premises: or
(B) cause a nuisance (including a noise nuisance); or
(C) display unacceptable behavior, for example—
e loud aggressive behaviour:
° yelling, screaming, arguing:
° excessively loud cheering, clapping or singing:
or
(D) create a level of noise which is in excess of the
acceptable levels described by Queensland
Government legislation for environmental protection
(noise):
(111) an occupant of the premises must not sleep or camp on the
premises in a tent, caravan, campervan or similar facility:
(iv) pets occupying the premises must be managed and not cause
a nuisance (including a noise nuisance);
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Administration (Amendment) Subordinate Local Law (No. 1) 2021 Il
(v) each occupant of the premises must store general waste
(including the separation of recyclable waste) produced as a
result of the ordinary use or occupation of the premises in a
waste container:
(vi) each occupant of the premises must ensure that the premises,
including the grounds of the premises. are kept in a safe and
tidy condition.
7 ‘Term of approval
(1) The term of an approval commences on the date the approval is granted
and expires 12 months from the date of the approval.
(2) An approval expires at the end of the day for expiry specified in
subsection (1).
8 Term of renewal of approval
An approval that is renewed expires on the next 30% day of June, unless
otherwise specified in the renewal.
9 Definitions for schedule
In this schedule —
body corporate has the meaning given in the Body Corporate and Community
Management Act 1997.
building has the meaning given in the Building Act 1975.
code of conduct for guest behaviour has the meaning given in section
6(3)(m).
community titles scheme has the meaning given in the Body Corporate and
Community Management Act 1997.
contact person has the meaning given in section 4(g).
contact person notice has the meaning given in section 6(2)(b).
development approval has the meaning given in the Planning Act 2016.
general waste has the meaning given in Local Law No.7 (Waste
Management) 2018.
occupant, of premises, means a person who uses, or occupies, the premises,
including a visitor to the premises.
planning scheme means the planning scheme of the local government.
vehicle has the meaning given in the Transport Operations (Road Use
Management) Act 1995.
waste container see Local Law No. 7 (Waste Management) 2018.°.
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Noosa Shire Council
Administration (Amendment) Subordinate Local Law (No. 1) 2021 12
This and the preceding 11 pages bearing my initials is a certified copy of Administration
(Amendment) Subordinate Local Law (No. 1) 202] made m accordance with the provisions of
the Local Government Act 2009 by Noosa Shire Council by resolution dated the day of
2021.
pearance
1023095_1
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Attachment 5
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Attachment 5
ATTACHMENT 5 - SUMMARY OF KEY ISSUES
The key issues raised in the written submissions are summarised below by stakeholder group.
1.
Planning scheme and other legislative matters
Resident and resident / community groups both identified similar concerns with short stay
letting in residential areas and the impacts on permanent residents, particularly in relation to
impacts on their amenity, health, wellbeing and lifestyle. Broader issues around housing
supply and affordability, over tourism and impacts on infrastructure were also identified as well
as concems around existing use rights continuation and superseded planning scheme
applications.
Requests were made for the installation of acoustic monitors; maximum numbers of quests;
minimum night stays; no short stay letting in residential areas; and a cap on short stay letting.
Response
Whilst the broader issues around short stay letting and housing supply, affordability, tourism
and infrastructure are recognised, the key purpose of the local law is to manage the ongoing
operation of lawful short stay letting and home hosted accommodation to minimise the impacts
on permanent residents.
A number of issues raised by submitters however, are outside the proposed local law's
purpose and legal jurisdiction and are matters for the planning scheme. In particular, the
location of short stay letting, capping, occupancy and minimum night stays are matters for the
planning scheme.
It is not considered reasonable to require the installation of acoustic monitors in properties
which is beyond the local law.
Existing use rights and superseded planning scheme applications are matters regulated by
the Planning Act 2016 and not the proposed local law.
Complaints procedure and enforcement
The most significant concems were around the complaints procedure with regard to
complainants having direct interaction with the contact person, their lack of anonymity, dealing
with conflict, resolving issues and keeping of complaint registers.
Submitters strongly requested Council not abrogate its responsibility for complaints
management onto residents but instead have a centralised 24/7 complaints hotline and
security call outs to deal with complaints at problem properties. Calls were also made for
strong enforcement measures and the implementation of the local law to be funded by short
stay let properties and not resident rate payers.
Response
To remove potential conflict for both the contact person and complainant and deal with matters
of privacy and personal safety, a centralised 24/7 complaints hotline to be the intermediary
between complainant and contact person is recommended.
It is also recommended Council trial, on a 12 months basis, a call out security service for off-
site observation and evidence gathering at problem properties or where the contact person
fails to respond or act on a complaint.
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Funding should be cost recoverable from application fees and the Transitory Accommodation
rate base.
Compliance and enforcement action will be undertaken in accordance with the provisions of
Local Law No. 1 (Administration) 2015 which are adequate for enforcement of the proposed
local law.
Council has the power to issue a compliance notice and fines, a show cause notice for
suspension, amendment or cancellation of an approval. Approvals may also not be renewed
where there are ongoing compliance issues.
Applications & clarifications
Requests were made for more information to be provided on site plans; greater pet
management; approval numbers on signs; amenity impacts to include on adjoining dwellings;
vehicle management to include boats, trailers and jet skis; building compliance; and a publicly
available approvals register.
Response
It is reasonable to make minor amendments to the proposed local law in response to the
submitter issues as follows:
* require site plans to show the location of outdoor entertainment areas and adjoining
property windows and door openings;
* include boats, trailers, jet skis and the like as part of the vehicle management
provisions;
* include reference to amenity impacts on adjoining dwellings; and
* include the approval number on the sign; and
* require confirmation the building is lawfully constructed and classified for its purpose
under the Building Act 1975.
A public register of all approvals will also be available on Council's website for transparency.
Matters outside the scope of the local law's legal framework will be provided as further
information advice within a “good management of short stay letting guide”.
2.
Home hosted accommodation providers were largely under the misconception the local law
was going to stop them operating. Many felt the local law was invasion of privacy; they should
be able to use their home as they like; and home hosting supports their income. Submitters
requested exemption from the local law. Some submitters admitted to using secondary
dwellings, granny flats or other self-contained spaces for home hosted accommodation
contrary to Noosa Plan 2020.
Response
Providing home hosted accommodation complies with Noosa Plan 2020, the proposed local
law does not prevent the use continuing.
The local law requires compliance with the planning scheme, fire and pool safety standards,
public liability insurance, building compliance and code of conduct for quest behaviour which
are all relevant to home hosting, and therefore the use should not be exempt.
It should be noted, hosts must remain in residence when they have guests and secondary
dwellings, granny flats and the like are for permanent occupancy and cannot be used for short
term accommodation or home hosted accommodation. Guests may have a small area with a
kettle, toaster and bar fridge to prepare hot beverages, a light snack or continental breakfast,
but no kitchen.
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3. rt i / letti ! ma
Local management framework
Submitters generally oppose the proposed local law, citing it is an invasion of privacy, affects
use of their property, is discriminatory, and will result in vexatious complaints. Submitters
opposed any application process, regulation or fees, contact person requirements, 24/7
availability, responding within 30 minutes, being located 20 minutes and contact person
signage.
Many operators suggested the local law was discriminatory and short stay lets could be
managed remotely and Council should deal with complaints management.
Response
The local management framework and local contact person is central to managing the
negative impacts on residents and deal with complaints within 30 minutes. The proposed local
law will provide an avenue for complaints resolution. Any suspected vexatious complaints will
be investigated. A centralised 24/7 complaints hotline to be the intermediary between
complainant and contact person is recommended.
It is reasonable to include security firms as a nominated contact person to respond to
complaints after hours who perform the contact person duties outlined in the local law,
including responding to complaints within 30 minutes.
Planning schemes and local laws have always lawfully controlled what properties can and
cannot be used for and set different requirements for different landuses. This is not
discriminatory.
Existing local laws and other legislation
A legal submission made on behalf of a number of properties claim the proposed local law
requirements:- are beyond power and for ulterior purpose; duplicate the development
assessment process; cannot regulate existing use right properties; has no economic impact
assessment, duplicates existing local laws and could be managed by party house legislation
and Council's existing local laws. The submission called for the abandonment of the local law.
Response
In brief, the local law does not duplicate the development assessment process nor does it
duplicate any matters the planning scheme should address. The local law is not beyond power
nor for ulterior purpose and has undergone lengthy legal review and State government
consultation. Issues regarding the legality and enforcement of the local law have been
previously addressed in a report to Planning & Environment Committee meeting on 9 March
2021 and subsequently addressed with changes to the proposed local law.
Council's existing local laws and other State legislation are not relevant to, nor regulate, the
day to day operation of short stay letting or home hosted accommodation, hence the
introduction of the proposed local law.
Council's existing local laws are not appropriate or fit for purpose as they do not address the
specific matters in the proposed local law or require an approval for short stay letting or home
hosted accommodation as a prescribed activity.
Noosa Shire ts already identified as a “party house” restriction area which is a separately
defined use under the Planning Act 2016, different to a short term accommodation or home
The Public Interest Test Report is informed by a specific economic cost benefit analysis
undertaken by economic consultants AEC.
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Other
Letting agents said there is little evidence of issue or complaints, however called for mandatory
licencing for all short stay let operators, the tourism levy to fund security patrols and
compliance and want clarification on timeframe for keeping registers.
Submitters called for Council to take responsibility for complaints; no signage due to privacy
and security reasons; no annual renewals, mandating licencing for short stay operators and
quests to pay fines not owners.
Response
To remove potential conflict for both the contact person and complainant and deal with matters
of privacy and personal safety, a centralised 24/7 complaints hotline to be the intermediary
between complainant and contact person is recommended. It is also recommended Council
trial, on a 12 months basis, a call out security service for off-site observation and evidence
gathering
Changes to the contact person sign to remove the contact person details and instead include
the complaints hotline will be made in the local law.
A 2 year time frame for the keeping of registers will be included in the local law.
The local law cannot mandate licencing for the management of short stay letting as this is
regulated under State legislation.
Fines can only be issued to the approval holder under the local law. Operators may seek to
recoup that cost from quests.
4. On-site managers
Bylaws and other legislation
On-site managers are concemed about the increase in red tape, citing they already have
letting agent licences, pay fees, insurances, have an industry code of conduct and the local
law conflicts with other legislation and bylaws.
Response
Concems regarding potential conflict between the local law and bylaws and other legislation
were previously addressed and resulted in some changes to the local law prior to its public
notification. Letting agent licencing requirements for on-site managers and extemal letting
agents do not overlap or duplicate any matters in the local law or the code of conduct.
Exemptions
Some submitters stated the exemptions were discriminatory, with no application, fee, contact
person or code of conduct required for exempt properties. Submitters stated the conditions of
approval were unreasonable but supported the safety certificate requirements for operators.
Some onsite managers requested exemption for onsite managed resorts, others requested
one application for the entire onsite letting pool.
Response
The proposed exemptions include Noosa’s main tourist / mixed use area of Hastings Street
and noise is consistent with a tourist precinct, not a residential neighbourhood. No permanent
residents are either permitted or intended in these locations which is consistent with the
landuse outcomes sought by Noosa Plan 2020.
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As previously resolved by Council, to streamline and simplify the application process for on-
sile managers @ single application for all properties wilhin Weir onsile lelling poul will be
permitted.
Permanent residents
Concems were raised with permanent residents living in resorts affecting holiday rental stock
and businesses turnover and may result in a rise in vexatious complaints. Some submitters
see short stay let houses as being detrimental to traditional holiday resorts.
Response
The majority of resorts / units complexes in Noosa were approved prior to Noosa Plan 2006
allowing for both permanent occupation and short stay letting. As a result, there is a mix of
permanent residents and visitors in these properties. Any complaints by permanent residents
should be addressed, and any vexatious complaints will be investigated.
The use of houses for short stay letting being detrimental to traditional holiday resorts is noted.
5. Online booking platforms
Airbnb
Airbnb’s submission focussed on their contribution to the economy. The submitter also stated:-
hosting would be unworkable under the local law; the application is a financial burden; is
contrary to not requiring planning approval for home hosted accommodation; signage is a
safety risk; contact person requirements unreasonable; and Airbnb already deal with
Response
The local law requires compliance with the planning scheme, fire and pool safety standards,
public liability insurance, building compliance and code of conduct for quest behaviour which
are all relevant to home hosting.
Changes to the contact person sign to remove the contact person details and instead include
the complaints hotline will be made in the local law.
The contact person requirements are fundamental to the local management framework for the
local law and are considered reasonable for the operation of short stay letting.
The Airbnb complaints hotline is an international hotline, contains no details on timeframes for
a response and no standard compliance measures to be met by hosts to resolve complaints,
if at all. It also only applies to properties booked through the Airbnb platform.
Expedia / Stayz
Expedia / Stayz submission supports home hosted accommodation being included in the local
law and should specifically require the host stay overnight. The submitter stated requirements
should be low cost to short stay letting operators; the 20 minutes locational requirements are
arbitrary; and requested a state wide approach, Council work with stakeholders and an
economic assessment be undertaken.
Response
Support for the inclusion of home hosted accommodation is noted. Home hosts must reside
overnight under the requirements of the definition in the local law and provisions in Noosa
Plan 2020.
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In late 2019 / early 2020, in consultation with local governments and stakeholders, the
Queensland State government were proposing a State wide approach to manage short stay
letting. With the advent of Covid-19 however, the State govemment's priorities changed and
the matter has been put on hold and referred back to local government.
Ongoing consultation will be undertaken with stakeholders following introduction of the local
law.
As part of the Public Interest Test Reporting a specific economic cost benefit analysis was
undertaken by economic consultants AEC.
A change to the local law to alter the 20 minute travel time for the contact person to a 20 km
radius will be made.
6. Short stay industry association
The Noosa short stay letting industry group are concemed the exemptions are discriminatory
and create a two tiered market, calling for no exemptions. They support home hosted
accommodation being included in the proposed local law also raising concems some hosts
don't stay overnight.
Issues regarding the legality of the local law were raised including that it:- is beyond power, is
incompatible with bylaws; duplicates the planning scheme; is unreasonable and not
enforceable; cannot hold a person accountable for the behaviour which it has no control; and
cannot further regulate existing use rights.
Response
The proposed local law is specifically targeted at managing the impacts of short stay letting
on permanent residents. Where no permanent residents are permitted or intended, or where
the mix of landuse activities create late night noise and other disturbances which are
acceptable — such as the Hastings St Mixed use precinct, the local law does not apply.
Planning scheme have different requirements for different landuses in different zones, the
local law applies the same philosophy and is consistent with the landuse outcomes sought by
Noosa Plan 2020. It is not discriminatory.
Concems regarding potential conflict between the local law and body corporate bylaws have
been previously addressed and resulted in some changes to the local law prior to its public
notification. Issues regarding the legality and enforcement of the local law have been
previously addressed in a report to Planning & Environment Committee meeting on 9 March
2021.
Support for the inclusion of home hosted accommodation is noted. Home hosts must reside
overnight under the requirements of the definition in the local law and provisions in Noosa
Plan 2020.
7. Site specific locations
Teewah
A number of submissions were received from short stay letting operators at Teewah
requesting an exemption from the proposed local law due to the distance to attend to
complaints; that it is a holiday village; complaints are rare; and they have no waste service.
Response
Despite the distance, short stay letting of properties in Teewah should still have a local
management framework, minimum safety standards and avenue for complaints to be made.
First response to a complaint within 30 minutes may be a phone call to the quests if resolved
or to a local contact person as their nominated person. If the complaint is not resolved and
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site visit required, consideration will be given to whether the contact person acted in
accordance with the local law in responding to a complaint and whether extreme
circumstances prevented attendance at the property — such as the ferry had ceased operating
or tide was high.
A change to the local law is considered reasonable to alter the 20 minute travel time for the
contact person. A 20 km radius for the contact person is more measurable and takes in the
greater urban and hinterland areas of Noosa providing greater locational flexibility for
properties in more remote locations such as Teewah.
For clarification, where no kerb side waste service is provided, a provision that waste must
be removed from the property and disposed of at a general waste facility will be included
in the local law.
5 Point
The majority of submissions for Boreen Point were from residents supporting the local law or
wanting a high level of control to deal with issues they were experiencing. Two submissions
however, one from the community association and the other from a short stay let property
manager were calling for Boreen Point to be exempt from the local law citing it being a holiday
area; there was no evidence of complaints; and requirements for 24/7 availability, 20 minute
location and code of conduct were unreasonable.
Response
Despite Boreen Point having short stay let properties, it is also a permanent residential
community and residents should be afforded the same provisions under the local law as other
residential neighbourhoods, and therefore remain under the local law.
Parkrid
A number of submissions from residents, the body corporate and developer at Parkridge
requested removal of its exemption and to be included under the local law. One short stay let
operator requested the exemption remain.
Response
The planning intent for Parkridge was for a resort / visitor accommodation only, however the
onginal approval did not exclude permanent residency. Subsequent approvals and a
marketing strategy focussed on permanent living has further eroded the original visitor only
intent for the site. As a result, whilst there is some short stay letting occurring, there is primarily
permanent residents at Parkridge. Therefore, the local law should apply to existing and future
short stay let or home hosted accommodation properties and the exemption be removed.
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Attachment 7
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Attachment 7
PUBLIC INTEREST TEST REPORT
ADMINISTRATION (AMENDMENT) LOCAL LAW (NO. 1) 2021 AND
ADMINISTRATION (AMENDMENT) SUBORDINATE LOCAL LAW (NO. 1) 2021
A public interest test has been conducted as part of the National Competition Policy reforms on anti-
competitive provisions identified in the local law and subordinate local law identified in schedule 1.
The public interest test has been conducted against the principles and objectives set by the
Competition Principles Agreement which were outlined in the public interest test plan.
The public interest test report has been prepared in accordance with guidelines issued by the
Department of Local Government and called up by regulation under the Local Government Act 2009.
RESULTS OF CONSULTATION PROCESS
Consultation with the public and key stakeholders occurred over a seven week period. An
advertisement was placed in the local paper at the commencement of the consultation period
advising of the review and calling for submissions. During the consultation period, public notification,
and other information was provided through a number of means, including public notice,
advertisements, media releases, static displays, webpage consultation, social media, radio
announcements, direct email, letter notification and a community/resident group stakeholder
meeting.
The public consultation process resulted in a large number of enquiries and actions as particularised
in the report to Council of which this public interest test report forms part. A total of 615 written
submissions were received from a range of stakeholders, as particularised in the report to Council, of
which this public interest test report forms part.
Particulars of submissions received and arguments presented during the public consultation process
are detailed in the report to Council of which this public interest test report forms part, for the
consideration of Council.
The cost benefit analysis undertaking by AEC Group Pty Ltd, a copy of which forms part of the report
to Council, of which this public interest test report forms part, relevantly states the following:-
(a) the operation of short stay letting and home hosted accommodation in Council's local
government area has a significant impact on traditional residential neighbourhoods much of
which is focussed on noise disturbances, amenity, safety and security;
(b) placing effective local controls on activity and behaviour will reduce the extent and type of
adverse effects on permanent residents in locations where short stay letting and home
hosted accommodation are provided;
(c) much of these impacts relate to resident health and residential amenity, with amenity
referring to the ability for residents to enjoy their homes in a peaceful manner with feelings of
community and safety;
(d) residential homes should allow their occupants the ability to wind down, relax and sleep with
minimal disturbance;
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(e) potential beneficiaries within the local government area of Council from the proposed local
law include 10,610 residential properties consisting of an estimated 26,525 persons, and as
such represent a significant portion of the local community;
(f) the benefits of the proposed local law on residential health and residential amenity are
estimated as $9.56 million per annum;
(g) it is not anticipated that the supply of, nor the demand for, short stay accommodation in the
local government area of Council would be impacted by the proposed local law based on
assessed financial impacts on property owners and the potential impact of passing through
increased costs to visitors, and in particular, users of short stay accommodation and home
hosted accommodation.
POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO
ALTERNATIVES
Positive and negative impacts on stakeholders from moving to alternatives are particularised in the
schedules to this report as follows:-
Short Stay Letting and Home Hosted Accommodation — See Schedule 2
SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVES
An analysis of the costs and benefits of moving to an identified alternative is detailed in the following
schedules.
Short Stay Letting and Home Hosted Accommodation — See Schedule 2
PUBLIC INTEREST TEST REPORT RECOMMENDATION
For each of the local law and subordinate local law identified in schedule 1, each possible anti-
competitive provision reviewed is an anti-competitive provision and should be retained in its current
form in the public interest.
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SCHEDULE 1— LOCAL LAW AND SUBORDINATE LOCAL LAW IN WHICH POSSIBLE ANTI-
COMPETITIVE PROVISIONS IDENTIFIED
Administration (Amendment) Local Law (No. 1) 2021
Administration (Amendment) Subordinate Local Law (No. 1) 2021
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SCHEDULE 2— SHORT STAY LETTING AND HOME HOSTED ACCOMMODATION
POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE
Co-regulation
Local Developing new local law - consulting with stakeholders, negotiating standards for new local law. Low negative -1
government
Implementing/establishing new local law - ie. amending or replacing existing local law, training staff, advising Low negative -1
industry etc.
A reduction in the administrative and/or enforcement requirements is likely to result from agreement between Moderate positive +2
Council and industry representative bodies responsible for the supervision of short stay letting and home hosted
accommodation. Compliance is more likely because those affected by the local law are involved in its
development - Council is likely to receive less complaints. Overall - Neutral
Existing Better relations with Council through local law development process ie. Council will have a better understanding Low positive +1
operators and appreciation of problems faced by persons undertaking short stay letting and home hosted accommodation on
a commercial basis.
Low positive +1
More appropriate standards in new local law.
Overall - Low positive
Potential Better relations with Council through local law development process ie. Council will have a better understanding Low positive +1
operators and appreciation of problems faced by persons undertaking short stay letting and home hosted accommodation on
a commercial basis.
Low positive +1
More appropriate standards in new local law.
Overall - Low positive
Residents/ Better outcomes for residents through being able to input into the development of a new local law. Low positive +1
tenants
Overall - Low positive
Immediate Better outcomes for residents through being able to input into the development of a new local law. Low positive +1
neighbours
Overall - Low positive
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Tourist There is potential for an increase in business as a result of agreement between stakeholders. That is, less Low positive +1
operators complaints/problems in the short stay letting and home hosted accommodation business sector, a good reputation
for the short stay letting and home hosted accommodation business sector should result and be a boost to tourism | Overall - Low positive
in the local government area.
Representative | Establishment of links with operators and Council. Low positive +1
bodies (Real
Estate Agents) Overall - Low positive
Travellers’ Establishment of links with operators and Council. Low positive +1
Associations
Overall - Low positive
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Negative licensing
Local Development and implementation of new regulatory regime. Low negative -1
government
Loss of fees to cover administrative costs. Low negative -1
Reduction in administrative processes, ie. no permit applications. Low positive +1
Possibility of lack of knowledge of when new operators enter the market. Low negative -1
Loss of ability to set site specific conditions - may result in lowering of standards and as a result increase Low negative -1
complaints. Also, to change the standards, the local law will need to be amended, whereas under the permit
system Council could simply change the conditions in a permit.
Low positive +1
Higher fines.
Overall - Low negative
Existing Reduction in operating costs ie. no permit renewal applications required and no fees. Low positive +1
operators
Increase in competition through removal of barrier to entry. Low negative -1
Higher fines for non-compliance. Low negative -1
Standards apply to all operators equally. Low positive +1
Greater onus on short stay letting and home hosted accommodation operators to ensure compliance with standards | Low negative -1
in local law.
Overall - Low negative
Potential Removal of barrier to entry. Low positive +1
operators
Rules are know prior to entry. Low positive +1
Higher fines for non-compliance. Low negative -1
Greater onus on short stay letting and home hosted accommodation operators to ensure compliance with standards | Low negative -1
in local law.
Overall - Neutral
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sane =
Residents/ Possibility of decrease in standards due to loss of Council power to assess short stay letting and home hosted Low negative -1
tenants accommodation operators prior to entering the market and loss of power to set site specific conditions.
Potential for improved short stay letting and home hosted accommodation services, lower prices and greater Low positive +1
differentiation between short stay letting and home hosted accommodation service providers as a result of greater
competition from removal of the barrier to entry to the market. Overall - Neutral
Immediate Possibility of decrease in amenity due to loss of Council power to set site specific conditions. Low negative -1
neighbours
Overall - Low negative
Tourist Removal of barrier to entry should be a boost to competition in the market and impact in a positive way on tourist Low positive +1
operators operators.
Overall - Low positive
Representative | As Council approval is removed (ie. no permit required) the representative bodies may become the focus of any Low negative -1
bodies (Real complaints from residents/tenants.
Estate Agents) Overall - Low negative
Travellers’ As Council approval is removed (ie. no permit required) the Association may become the focus of any complaints Low negative -1
Associations from residents/tenants.
Overall - Low negative
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SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVES
in summary, analysis of the alternatives provides the following information:
Co-regulation
Local Existing Potential Residents/ Immediate Tourist Representative Travellers’
government operators operators tenants neighbours operators bodies (Real Associations
Estate Agents)
Neutral Low positive Low positive Low positive Low positive Low positive Low positive Low positive
impact impact impact impact impact impact impact
Overall the
impact is neutral. | Overall the Overall the Residents may Residents may There is potential | Benefits may Benefits may
While there are impact on existing | impact on existing | benefit from the benefit from the for local tourism result from result from
costs involvedin | short stay letting short stay letting opportunity to opportunity to industry to gaina_ | involvement in involvement in
establishing a and home hosted | and home hosted | input into input into benefit from process of process of
new system, the accommodation accommodation development of development of better relations developing new developing new
long term benefits | operators would operators would new local law. new local law. between local law. local law.
may outweigh be positive. be positive. stakeholders.
these costs. Benefits should Benefits should
flow from the flow from the
opportunity to opportunity to
develop a new develop a new
local law in local law in
consultation with | consultation with
other other
stakeholders. stakeholders.
Overall, the analysis of costs and benefits has determined there would be a negligible net benefit in moving to a co-regulation regime. There would be some
costs initially in developing and implementing a new local law. Long term benefits may accrue from the process of bringing stakeholders together to develop
the new local law such as, establishment of links between stakeholders and fostering better relations between stakeholders, greater compliance by short stay
letting and home hosted accommodation operators and reduced administration for Council.
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Negative licensing
Local Existing Potential Residents/tenants | immediate Tourist Representative Travellers’
government operators operators neighbours operators bodies (Real Associations
Estate Agents)
Low negative Low negative Neutral Neutral Low negative Low positive Low negative Low negative
impact impact impact impact impact impact
Some benefits Asmall reduction | Potential short Two scenarios are Potential fora | Tourismindustry | Potential for an Potential for an
accrue from in operating costs | stay letting and possible. On one decrease in should benefit increase in increase in
reduction in would result from | home hosted hand standards amenity through greater complaints from complaints from
administrative removal of fees accommodation could decline through loss of | competition in the | residents. residents.
burden but these | but this is offset operators benefit | throughremoval of | Council power | market.
are offset by the by higher fines for | from removal of Council in assessing | to set site
potential for non-compliance barrier to entry new short stay specific
increased and a greater and knowledge of | letting and home conditions.
complaints and onus on short stay | “rules” prior to hosted
loss of fees. letting and home | entry. However, accommodation
hosted higher fines apply | operators prior to
accommodation for non- entering the market
operators to compliance and and loss of power to
ensure there is a greater | set site specific
compliance. onus on operators | conditions. On the
to ensure other hand,
compliance. residents could
benefit from
increased
competition in the
market with
improved
product/service,
greater choice and
differentiation
between short stay
letting and home
hosted
accommodation
providers
Overall, the analysis of costs and benefits has determined there would be a net cost in moving to a negative licensing regime. While some benefits would
accrue to short stay letting and home hosted accommodation operators, these are offset by higher fines for non-compliance. Other stakeholder groups
would be negatively impacted as a result of loss of Council power to set site specific conditions.
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Summary and conclusions
The analysis has showed that there would be a net cost to the community in moving to a negative licensing regime. This alternative is not viable and should
be set aside.
The analysis has also determined there would be only a limited benefit to the community as a whole in moving to a co-regulation regime.
in conclusion, the identified anti-competitive provisions should be retained in full in the public interest, because--
(a) the benefit of these provisions to the community as a whole outweighs the cost; and
(b) the most appropriate way of achieving the objectives of the relevant local law (about the regulation of the prescribed activity of the operation of short
stay letting or home hosted accommodation) is by restricting competition in the way provided in these provisions,
having regard to the local government duty of good rule and local government of its local government area.
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3 51983.3225.14 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR MULTIPLE
DWELLING UNITS X 25 & 8 SHOPS AT, 30 HASTINGS ST NOOSA HEADS
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development Department
Index ECM / Applications / 51983.3225.14
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Carasville Pty Ltd C/ Martoo Consulting
Proposal Other change to Town Planning Consent 1632 – Units, shops and
restaurant
Properly Made Date 15 December 2020
Information Request Date 22 April 2021
Information Response Date 12 May 2021
Decision Due Date 13 September 2021
Number of Submissions 16
PROPERTY DETAILS
Property Address The Hastings 30/30 Hastings St Noosa Heads Qld 4567
RP Description Lot 30 SP 307674
Lots 7 & 11 on GTP1154 (construction access and storage)
Land Area 227.89m2
Existing Use of Land 2 x dwellings
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Hastings Street Mixed Use Precinct
Local Plan Area Noosa Heads
Overlays Land subject to acid sulfate soils
Flood hazard overlay
Assessment Type Other Change to Approval
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RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 regarding Application No. 51983.3225.14 for an Other
Change to an existing approval to Town Planning Consent 1632 for 25 x Multiple dwelling and 8
shops situated at The Hastings Lot 30/30 and Lots 7 & 11/30 Hastings St Noosa Heads and:
A. Approve the application.
B. Change condition 1 to read as follows:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Plan No. Rev. Plan, prepared by Date
No.1 Perspectives & Notes, prepared by Accolade Building 22/07/2014
Designs
No.3 Ground Floor & 1st Level, prepared by Accolade Building 22/07/2014
Designs
No.4 Elevations, prepared by Accolade Building Designs 22/07/2014
Approved Plans - October 2015
Plan No. Rev. Plan, prepared by Date
DA 3001 A Site Plan, prepared by Peter Hull Architect Sept 15
DA 3002 B Floor Plans, prepared by Peter Hull Architect Sept 15
DA 3004 A Ground Floor and Carport Plan, prepared by Peter Hull Sept 15
Architect
DA 4001 B Sections, prepared by Peter Hull Architect Sept 15
DA 5001 B Elevations, prepared by Peter Hull Architect Sept 15
Approved Plans – March 2016
Plan No. Rev. Plan, prepared by Date
GRND FLR – Proposed (Unit 14), prepared by LPID 14/10/2015
Elevation (Unit 14) – East Facing (Street Frontage), 14/10/2015
prepared by LPID
Elevation – North Facing (Unit 14), prepared by LPID 14/10/2015
Elevation – South Facing (Unit 14), prepared by LPID 14/10/2015
Elevation – West Facing (Unit 14), prepared by LPID 14/10/2015
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3D Views – Exterior (Unit 14), prepared by LPID 14/10/2015
GRND FLR – Proposed (Unit 25), prepared by LPID 14/10/2015
Elevation (Unit 25) – South View, prepared by LPID 14/10/2015
Elevation – East (Unit 25), prepared by LPID 14/10/2015
Elevation – West (Unit 25), prepared by LPID 14/10/2015
Elevation – North (Unit 25), prepared by LPID 14/10/2015
3D Views – Exterior (Unit 25), prepared by LPID 14/10/2015
Approved plans – May 2016
Plan No. Rev. Plan, prepared by Date
DA.01 B Location Plan prepared by Bark Design Architects 26/02/2016
DA.02 C Site Plan prepared by Bark Design Architects 23/02/2016
DA.04 C Ground Floor Plan prepared by Bark Design Architects 23/02/2016
DA.05 C First Floor Plan prepared by Bark Design Architects 23/02/2016
DA.06 C Second Floor Plan prepared by Bark Design Architects 23/02/2016
DA.07 C Roof Terrace Plan prepared by Bark Design Architects 23/02/2016
DA.11 B South Elevation prepared by Bark Design Architects 26/02/2016
DA.12 B East Elevation prepared by Bark Design Architects 26/02/2016
DA.13 B North Elevation prepared by Bark Design Architects 26/02/2016
DA.14 B West Elevation prepared by Bark Design Architects 26/02/2016
Approved plans – March 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building Designs 23 March 2017
Sheet 3
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
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Approved plans – April 2017 Unit 13
Plan, prepared by Date
Site plan, prepared by Mandy’s Design and Drafting March 2017
Proposed floor plan, prepared by Mandy’s Design and Drafting March 2017
Elevations, prepared by Mandy’s Design and Drafting March 2017
Approved plans – August 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building Designs 23 March 2017
Sheet 3
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
Approved plans – August 2017 Unit 5
Plan No. Rev. Plan, prepared
by
Sheet 1 of Site Plan, prepared by Mandy’s Design and Drafting July 2017
4 Issue A
Sheet 2 of Existing Floor Plans, prepared by Mandy’s Design and Drafting July 2017
4 Issue A
Sheet 3 of Proposed floor plan, prepared by Mandy’s Design and Drafting July 2017
4 Issue A
Sheet 4 of Elevations, prepared by Mandy’s Design and Drafting July 2017
4 Issue A
Approved Plans – April 2018 Unit 21
Plan No. Rev. Plan, prepared
by
Sheet 1 of Proposed Partial Enclosure of Ground Level Under Existing Unit, 26/04/2018
6 prepared by Accolade Building Designs
Sheet 2 of Proposed Partial Enclosure of Ground Level Under Existing Unit, 26/04/2018
6 prepared by Accolade Building Designs
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Sheet 3 of Proposed Partial Enclosure of Ground Level Under Existing Unit 26/04/2018
6 (floor plans), prepared by Accolade Building Designs
Sheet 4 of Proposed Partial Enclosure of Ground Level Under Existing Unit 26/04/2018
6 (elevations), prepared by Accolade Building Designs
Approved Plans – 19 November 2020 Unit 17
Plan No. Rev. Plan, prepared
by
Sheet 01, Site Location, Site Plan & Floor Plans, prepared by Innovate October 2020
Issue D Architects
Sheet 02, Elevations, Section & External Finishes Schedule, prepared by October 2020
Issue D Innovate Architects
Sheet 07 Perspectives, prepared by Innovate Architects October 2020
Issue C
Approved Plans – March 2020 Unit 19
Plan No. Rev. Plan, prepared
by
A01 Site Location, Site Plan & Calculations, prepared by Lisa Page 22 January 2021
A02 Ground Floor Plan – with proposed alterations, prepared by Lisa 22 January 2021
Page
A03 Level 1 Floor Plan, prepared by Lisa Page 22 January 2021
A04 Level 2 Floor Plan, prepared by Lisa Page 22 January 2021
A05 Level 3/Terrace, prepared by Lisa Page 22 January 2021
A06 Elevations Views: North & South facing, prepared by Lisa Page 22 January 2021
(as annotated by Council)
A07 Elevations Views: East & West facing, prepared by Lisa Page (as 22 January 2021
annotated by Council)
A08 Perspective view, Terrace level, prepared by Lisa Page 22 January 2021
A09 Perspective views: south, west, north facing, prepared by Lisa 22 January 2021
Page
A10 Perspective views: south/east/north views, prepared by Lisa 22 January 2021
Page
A11 Section view-east facing, prepared by Lisa Page 22 January 2021
A12 External Material Finishes Palette by Lisa Page 22 January 2021
- Landscape Concept Design document including site plan and -
perspective, cross sections, look and feel and design, prepared
by Louise Custance
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Approved Plans – 21 October 2021 Units 9-10 (Lot 30 SP307674)
Plan No. Rev. Plan, prepared
by
SD.102 Proposed Holyman Unit 3D perspectives, prepared by Gerard N/D
Iss P2 Smith Design
SD.104 Site / Roof Plan, prepared by Gerard Smith Design Aug 2018
Iss P10
SD.201 Floor Plans, prepared by Gerard Smith Design Aug 2018
Iss P9
SD.501 Elevations proposed, prepared by Gerard Smith Design Aug 2018
Iss P9
SD.601 Cross Sections – Sheet 2, prepared by Gerard Smith Design Aug 2018
Iss P2
SD.951 Overviewing Diagrams – Level 1, prepared by Gerard Smith Aug 2018
Iss P9 Design
SD.952 Overviewing Diagrams – Level 2, prepared by Gerard Smith Aug 2018
Iss P9 Design
C. Include the following additional conditions 37 - 44 to read as follows:
Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for
construction and access) – 21 October 2021
Performance Bond - Planning
37. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, to secure performance of all conditions of
this approval, specifically for Lot 30, prior to the issue of a Development Permit
for Building Works. The cash bond or trading bank guarantee will be returned on
performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Performance Bond – Demolition
38. Security to the value of $10,000 must be provided to Council’s Building and
Plumbing Services prior to the issue of the development approval for building
works (demolition). The security must be in the form of a cash bond or bank
guarantee, for security against satisfactory completion of works.
Landscaping
39. The development site must be landscaped generally in accordance with the
approved plans and Planning Scheme Policy PSP2 – Landscaping, and the
following requirements:
a. A minimum of a 1m wide garden with dense landscaping must be provided
to the north, south and western boundaries within Lot 30.
b. The 1m wide garden must consist of 45 litre pot size native trees planted at
1.5m centres. Include 1 x 100 litre pot size tree to be planted in each of the
following locations:
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i. south east corner; and
ii. half way along the southern boundary; and
iii. to the west of the visitor car space where the lot dog legs.
c. The plantings must grow to an average minimum height of 10m and be
suitable native species for the urban surroundings such as Syzygium,
Elaeocarpus, Acronychia.
d. All landscape works must be established and maintained in accordance
with the approved design for the life of the development, and in a manner
that ensures healthy, sustained and vigorous plant growth. All plant
material must be allowed to grow to full form and be refurbished when its
life expectancy is reached.
e. Landscape works must be completed prior to the commencement of the
use of Lot 30.
40. The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA
prepared by Max Watterson & Associates may be removed within the lot as part
of preparing the site for construction.
41. Any vegetation to be retained must be protected from clearing or construction
activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared; and
d. using low impact construction techniques around vegetation.
Privacy
42. The level 1 and level 2 operable timber privacy screens when fully extended must
not cover more than 50% of each of the balconies. The privacy screens on Level
3 must be a minimum height of 1.7m above the FFL.
43. The balcony located on Level 2 and the roof top terrace must include balustrading
(set back as shown on the approved plans), and fixed external screens (where
appropriate), positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the adjoining units.
Building Appearance
44. The building must be constructed to be generally in accordance with the material
and colour palette as shown on Plan no. SD.102, Issue P2 and prepared by
Gerard Smith Design.
D. Amend existing Condition 25 to read:
Demolition
25. Security to the value of $5,000 must be provided to Council’s Building and
Plumbing Services prior to the issue of the Development Approval for Building
Works – demolition of Unit 17 & 19. The security must be in the form of a cash
bond or bank guarantee, for security against satisfactory completion of works.
E. Include an administrative amendment to ‘Privacy’ heading above existing Conditions
12 & 13 to read ‘Privacy - Unit 17’
F. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
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REPORT
1. PROPOSAL
The proposal seeks to demolish 2 x 3 storey dwellings and construct 1 larger 4 storey, 3 bedroom
dwelling. The new dwelling unit is to be located with a lot which previously was amalgamated from
2 lots.
The ground floor consists of a single garage, rumpus room, bedroom, bathroom, laundry and an
uncovered visitor parking space.
The second floor consists of 2 ensuite bedrooms and a hallway office desk.
The 3rd includes living and kitchen space with an alfresco area covered by a vergola.
The fourth floor is an outdoor space open on 2 sides and includes a hot tub and a feature tree
below an opening in the roof.
External building materials consists of rendered masonry, timber battening, glazing, operable
timber screens for privacy and a colorbond metal roof.
The proposal also includes the use of Lots 7 & 11 on GTP1154 for construction access and storage
in the construction of the new dwelling unit.
It is noted all lots subject to this application are under the same ownership.
Figures 1 – 6 below show a locality plan, floor plans, elevations and 3D perspective of the proposal
looking from the internal driveway.
Figure 1 – Locality plan. Whole site shown with a green perimeter and the subject site shown with a red
perimeter within the larger site.
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Figure 2 – Site Plan for new unit
Figure 3 – Site Plan for Lot 7 & 11 for access and storage
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Figure 4 – Floor Plan. Ground floor bottom left and 4th floor bottom right
Figure 5 – Elevation from the internal driveway
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Figure 6 – South elevation on approach from the driveway entry.
Figure 7 - North elevation
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Figure 8 – Internal road presentation
2. SITE DETAILS
2.1 Background
The existing development was originally approved by Council in October 1983 (TPC1632 – 25
Bungalow Style 2 bedroom Units & 8 Shops – Group Title). A restaurant was subsequently
approved on the site in December 2000 (18478DA). The units are used for short term
accommodation, rather than for permanent occupation.
A change to the development approval to enclose the manager’s residence car space into an office
was approved June 2006.
In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered ’generally in
accordance’ with the existing approval.
On 11 November 2014, Council approved to enclose an additional 5.75m² of gross floor area of
the ground floor of unit 22.
On 12 October 2015, Council approved a change to an existing approval to enclose the carport of
unit 11 (13.3m2 to be enclosed).
On 17 March 2016, Council approved a change to an existing approval to enclose the carports of
units 14 and 25 (an additional 14m2 per unit).
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On 12 May 2016, Council approved a change to an existing approval for the redevelopment of Unit
15 of that sought to the replace the existing dwelling unit on site with a new dwelling unit with an
increase of gross floor area of 67m2, to include a roof top terrace (4 storeys) and pool.
On 29 March 2017, Council approved a change to an existing approval to enclose part of the car
port of unit 20 by 20.5m2. This change did not approve a space capable of being a bedroom as this
was not applied for. The plans annotated to remove a wall.
On 5 April 2017, Council approved a change to an existing approval to enclose part of the car port
of unit 20 by 8.554m2 of gross floor area and reconfigure (change to internal layout) level 1 and 2.
On 1 August 2017, Council approved a change to an existing approval to enclose part of the car
port to create a room capable of being a bedroom of Unit 20.
On 1 August 2017, Council approved a change to an existing approval to partially enclose under
the existing unit and to reconfigure the second floor relating to unit 5.
On 17 April 2018, Council approved a change to an existing approval to partially enclose the
subfloor area of Unit 21 to provide a covered entry and storeroom area, an expanded
bathroom/laundry and to enclose underneath the existing upper level deck, resulting in an
additional 18m2 of gross floor area.
On 19 November 2020 Council approved a change to an existing approval for an extension to Unit
17 resulting in an additional 90.69m2 of gross floor area to extend all levels and include an additional
storey
On 30 June 2020, Council approved a change to the existing approval for an extension to Unit 19.
The approval consisted of an additional increase in floor area by 68.4m² to a total GFA for the unit
of 151m². The approval also permitted the development to change from a 3 storey to a 4 storey
building.
2.2 Site Description
The lot is level and consists of an existing mixed use development with the retail uses fronting
Hasting Street and 25 residential detached units to the rear of the site accessed from the Noosa
Parade Service Road.
2.3 Surrounding Land Uses
To the west of the site is Bay Village, in particular the carpark is directly opposite the subject
proposal. To the east is the essential component of Laguna on Hastings. The proposal does not
have any interaction with other development of Hastings Street.
3. ASSESSMENT
3.1 Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2 State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
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South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
The application is for an ‘Other’ change. The proposal is not a minor change as it is considered to
be a substantially different development for the following reasons:
It dramatically changes the appearance of the building;
Alters the bulk and scale of the building;
Changes what was 2 dwellings into 1 larger dwelling.
3.3 Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the
provisions are relevant to the development.
The applicant was requested by Officers to agree to extend the decision making period until 21
October 2021 to allow the report to be considered by Council, but the applicant declined this
request. Therefore, this application should have been decided by the original decision date of 13
September 2021. Accordingly, the date Council decides this application will be outside the
timeframes sought under the Planning Act 2016. As the application is impact assessable the
‘deemed approval’ provisions do not relate to this application and there is no risk to Council in
deciding this application after the decision due date.
Locality Provisions
The subject site is in the Noosa Heads Local Plan area and is zoned Tourist accommodation. The
site is within the Hastings Street Mixed Use Precinct and the use is identified as a consistent use
with the zone and is required to follow an impact assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Existing Proposal Complies
development Includes additional
Site Area (4931m²) parameters
Building height
• storeys 4 storeys max 4 storeys 4 storeys ✓
• metres 15 metres ~<15 metres 14 metres ✓
Site cover 45% max 35.83% 36.51% ✓
(2219.85m²) (Additional 33.6m²)
(0.68% additional)
Plot ratio / Gross floor 5680m² max 3329.14m² 3373 m² ✓
area (Additional 44m²)
Length of wall 15 metres max 14 metres ✓
Carparking 2 covered min 2 covered 1 covered & 1 X
uncovered
Ratio units: non- 20:1 12.5:1 12:1 X
residential
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As shown in the table above the proposal generally complies with the key development parameters
such as Site Cover, Plot ratio, building height in storeys and metres. However, the proposal does
raise some consideration regarding bulk and scale of the building and separation between
buildings, given that the proposal is for 1 larger dwelling rather than 2 smaller dwellings. In addition,
privacy of the surrounding dwellings within the resort is to be considered and is discussed below.
Bulk and Scale, Gross Floor Area, Site cover, Privacy and Shading
There is some concern that the larger dwelling will not be in character with the balance of the resort
where dwellings with smaller footprints exist. Notwithstanding this, there is no Acceptable Outcome
or Performance Outcome which directly relate to this situation where individual dwellings are being
replaced overtime within a resort. However, the following provisions of the Noosa Heads Local Plan
Code are relevant to this assessment.
AO7.1
Development takes the form of small separate buildings rather than large single bulky buildings,
stepping down slopes where applicable and not visually dominating the street, beachfront,
riverfront, adjacent properties, surrounding spaces or the existing skyline.
AO7.2
Buildings and structures have a scale and building height consistent with development on adjoining
and surrounding land.
AO7.3
Buildings and structures preserve the amenity of adjoining land including sunlight to neighbouring
properties.
AO7.5
Buildings and structures:
(a) incorporate articulated roof forms which are visible from the street;
(b) incorporate a mix of lightweight and textured external building materials or materials that
reflect the natural environment such as timber and rock face;
(c) provide variation through articulation, texture and detailing;
(d) incorporate verandahs, open balconies or shaded patios for outdoor living, with open,
transparent or semi-open balustrades;
(e) use understated colour schemes and low-reflective roofing and cladding materials.
The applicant has provided the following plan (Figure 9) comparing the site cover of the proposal
within the context of the site. It is noted that the existing balcony of Unit 10 encroaches over the
existing common driveway.
Figure 9 – Existing building site cover on the left and the proposed site cover on the right.
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The existing and proposed footprint is represented by the diagram in Figure 10 below. The first
image in the Figure shows the footprint in red compared to the existing footprint, noting that the
existing footprint has been shown side by side whereas in reality they are offset. The purpose is to
show the combined footprint is generally similar to that proposed. The second image in the Figure
shows the proposed with the existing footprint shown as a dotted orange line.
Figure 10 – The proposal overlayed with the existing unit footprint.
While it is considered the footprint and gross floor area of the proposal is generally commensurate
with and consistent with the area of 2 combined units, the size of the proposal requires further
assessment as it is greater than the other units.
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In support of the design, the front elevation (from the internal road) is narrow and generally
consistent with other units in the complex, with a wider portion of the design setback to
approximately where the existing units stands, which provides a stepping of the building like the
existing character in the complex. In additional this wider portion is an alfresco area which is not
bulky in design.
On the other hand, the southern elevation is longer than the unrenovated units and would be a
larger scale to the balance of the complex. The design offsets the longer elevation by incorporating
an articulated facade, feature timber cladding, glazing and an interesting roof form which appears
to ‘float’ above the building. In addition, a minimum of 1.2m of soft landscaping is proposed along
this boundary which will soften the proposal. It should be noted that buildings in the complex are
slowly being renovated and are limited in scale mostly because of the small and odd shaped group
title lots. As a comparison, Figure 11 below shows a new unit on Lot 15 alongside a 3D perspective
of the proposal.
Figure 11 – proposal on the left and a new unit on lot 15 on the right within the complex
While the building is slightly larger than other units within the complex, it is small scale, with the
largest gross floor area of any one of the 4 storeys being 86m² and a site cover of 124m².
The planning scheme allows 4 storeys and 15m in building height for this site. The existing units
have been designed at 3 storeys and around 12m to the pitch of the rounded roof. The newly
renovated units throughout the complex will generally present larger than the existing smaller scale
buildings, as the existing units have not been constructed to meet the full planning scheme
allowance for building height. Overtime, it is likely the full development potential of each site (4
storeys and 15m) will be realised, and the existing units replaced with higher and more modern
designs.
The 4th storey of the proposal is an open alfresco area with a ‘floating’ roof and is less than 15m in
height complying with the planning provisions for the site. Adequate separation is provided between
buildings with between 2m and 7.2m proposed between the 3 adjoining lots.
Access to sunlight
The applicant has provided sun shading MP4 diagrams which show that when including existing
vegetation and units, there is no worsening of shading of neighbouring properties. Some shading
will still occur, but this is unavoidable in a multiple dwelling format as exists.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Privacy
Figure 12 below shows the context of the existing development built form looking from inside the
complex back towards Noosa Parade. The image shows that the western side of the driveway units
have their living spaces and balconies facing the driveway, while the eastern side units have their
‘backs’ to them to maintain privacy. The proposal maintains, improves and is consistent with this
character and design element, although the balconies in the image overhang the driveway while
the proposal is setback within the group title lot boundary.
Figure 12 – Context of existing privacy and overlooking. Eastern side of the driveway on the left and the
western side on the right of the image.
The units that would be directly affected by the proposal in terms of privacy are:
• Lot 8 (to the north) see Figure 13;
• Lot 12 (to the south) see Figure 14;
• Lot 20 directly opposite across the internal driveway, see Figure 15; and
• Lot 21 directly opposite across the internal driveway, see Figure 15.
Lot 8 – the proposal provides screening devices and the balustrading is setback from the edge of
the building line so the existing overlooking is significantly reduced. Figure 13 below shows the
existing situation.
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Section 97
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Figure 13 – Lot 8 privacy analysis, existing overlooking
Figure 14 below shows the adjoining overlooking of Lot 12 to the south of the subject site.
Figure 14 – currently already overlooks these windows and balcony
Figure 15 - Lots 20 and 21 have 4 small windows and are typical of other units on the eastern side of the
internal driveway.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
As seen in the above figures, the proposal will not create additional overlooking opportunities, in
fact the design will improve privacy for the surrounding properties.
Carparking
The code seeks 2 covered spaces are provided. The proposal is providing 1 covered space and
one uncovered visitor space. Two spaces are considered sufficient for the intended use and raises
no concern.
Ratio of shops to residential
The Tourist Accommodation Zone Code Acceptable Outcome AO6.1 outlines that a ratio of at least
20 accommodation units to one non-residential tenancy (20:1) is provided. The existing
development does not meet these provisions and therefore the corresponding Performance
Outcome PO6 is applicable and is provided below for reference.
Hastings Street Mixed Use Precinct
PO6
For Hastings Street Mixed Use Precinct uses above the ground floor are predominantly of a
residential nature to accommodate visitors.
The Code seek that Hastings Street Precinct remains predominately residential in nature. The
development currently provides a ratio 3.125 accommodation units to 1 non-residential tenancy
(3.125:1 or 25 residential to 8 non residential tenancies) and does not comply with Acceptable
Outcome AO6.1, however complied with the planning scheme at the time of the original approval.
The proposal slightly reduces the ratio to 3 accommodation units to 1 non-residential use (3:1 or
24 residential to 8 non-residential), a slight reduction of 0.125 accommodation units. It is considered
the complex with 24 accommodation units to 8 non-residential tenancy is still predominately
residential in nature and complies with PO6.
Generally
Given there has been numerous changes to the original approval, it is proposed for clarity in the
compiled decision notice to include in the existing ‘Privacy’ heading above existing Conditions 12
& 13 the words ‘Unit 17’. The heading will now read ‘Privacy – Unit 17’. Further, it is also proposed
to amend Condition 25 which is a demolition condition relating to a previous minor change
approvals relating to the rebuilding of Units 17 & 19 in order to ensure the full suite of conditions
clearer.
4. CONSULTATION
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Building and Plumbing department – Building certifier
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. Sixteen properly made submissions were received. Noting that the incorrect application
number was initially advertised on the development public notification signage, the application was
readvertised for another 15 days. The following table provides a summary and assessment of the
issues raised by submitters.
Matters Raised Comments
Overlooking concerns The applicant has demonstrated that the proposal does
not create additional overlooking opportunities nor
Does not comply with PO9, PO13, PO20
impacts negatively on privacy of neighbouring units.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Matters Raised Comments
Level 3 grants visual access the private open The design includes screening devices strategically
space of neighbouring properties placed to avoid any additional overlooking. A full
assessment is included in section 3.3 of this report.
Significant loss of amenity The building design does not create additional negative
impacts on amenity.
Significant change to the built form and The footprint is slightly larger than surrounding units
establishes a precedent and changes the nature and is a modern design. The presentation width to the
of the community complex. driveway is not unlike that exists.
Presentation of a monolithic structure to the
driveway.
Additional shading and reduction access to The applicant has provided MP4 sun studies for the
sunlight winter solstice which demonstrate that when including
the existing vegetation there is no worsening to shading
or access to sunlight.
The proposal is within a 1984 Gabriele Pool Noted.
designed complex.
Subsequent development by multiple owners
within the complex over several years, has
demonstrated that modern, sympathetic and
creative design within the existing floor plate
and in keeping with the principles of privacy,
orientation, shared amenity and green space is
possible. The key benefit of each beach house
occupying the same footprint, irrespective of
renovation or redesign, has ensured the
precious elements of the built environment and
greenspace have been maintained and
preserved.
Whilst Noosa Council may not consider the
constructions worthy of heritage value, their
unique position and design of the complex
undoubtedly contributes to the vibrancy of
Hastings Street. It is my firm view that the
original Hastings beach house designs have
helped establish Noosa as a resort destination
that celebrates, promotes and protects nature
and this amenity and these unique aspects
should be preserved.
Incompatible scale with the surrounding The footprint is generally commensurate with the size
development of 2 combined units.
While the proposal maybe larger than most of the other
units the overall building footprint is still considered
small scale.
The southern elevation is longer than most of the other
units but not all the elevation will be seen from the
driveway. Furthermore, a condition is recommended to
provided screening vegetation for the full length of this
boundary.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
Matters Raised Comments
Reduces green space The proposed footprint is only slightly larger than
combined 2 units and therefore a similar open space.
Gardens and trees are proposed to the perimeter of the
lot to maintain the green space.
Noting that some of the existing vegetation is not
suitable for the urban environment (ficus species) and
causes adverse impacts on the built form and services.
Noise emanating from level 3 BBQ and outdoor It is unlikely that additional noise will occur from the
living area. proposal.
5. CONCLUSION & REASONS FOR DECISION
The proposal sits over 2 amalgamated lots within the resort complex. The gross floor area and site
cover of the development are increasing and proposes a slightly larger footprint to the other units.
However, the front elevation is narrow and proportionate with the driveway presentation of other
units in the complex and a mix of external building material and new landscaping are used to offset
the longer southern elevation. Overall, the proposal offers a well-designed building which does not
create any additional privacy issues or create additional shading of surrounding properties. The 4th
storey has a ‘floating’ type roof and the open style design does not present bulky. The application
is considered to meet the relevant provisions of the planning scheme and recommended to be
supported subject to the conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement X Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 100 of 185
Section 101
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
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Page 101 of 185
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 OCTOBER 2021
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