2021-10-12 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   12 OCTOBER 2021




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                      12 OCTOBER 2021

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   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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