2021-10-12 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   12 OCTOBER 2021


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;

                                                                                      Page 17 of 185