2022-10-11 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 11 OCTOBER 2022


2    PLANNING & ENVIRONMENT COURT APPEAL NO D129 OF 2022 – APPLICATION FOR
     SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW NO.
     1 (ADMINISTRATION) 2015 FOR 2 GANNET ST, PEREGIAN BEACH


Author           Manager Development Assessment, Kerri Coyle
                 Environment & Sustainable Development

Index            ECM/ Application/ SSL22/1539/ & Case/ PJ & D Jephcott

Attachments      Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 October 2022 regarding Planning & Environment Court
Appeal D129/22 of 2022 and agree to defend the appeal.


REPORT
On 16 August 2022 Council officers under delegation refused an application under Council’s Local
Laws for the use of 2 Gannet Street, Peregian Beach for short stay letting for the following reason:
1.   The property has not demonstrated existing use rights to operate short term accommodation
     as evidence has not been provided to demonstrate short term accommodation was in
     existence prior to 31 July 2020.
2.   The property does not meet the requirements of Schedule 21A – Operation of short stay
     letting or home hosted accommodation – section 3(e)(i) requiring confirmation the use of the
     premises is authorised by either a development approval, accepted development
     requirements in Noosa Plan 2020 or lawful existing use rights.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law submitting that the premises has existing use rights for short term
letting as the property prior to the introduction of the Noosa Plan 2020 was used for both permanent
and as a short term private holiday house for family and friends. The applicant acknowledges that
the house was never advertised commercially.
The review concluded that the property does not have existing use rights to operate short term
letting pursuant to the Planning Act 2016 as:
1.   Existing use rights under the Planning Act 2016 are a right to continue using your property
     for a lawfully established use regardless of changes to the planning scheme.
2.   To lawfully establish, the use must have commenced prior to the planning scheme changes
     being the 31 July 2020.
3.   Making the house available for family, friends or your son and his carer does not mean the
     property has existing use rights for short term letting as the 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 as defined by the Local Law.




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