2022-10-11 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 11 OCTOBER 2022



3     PLANNING & ENVIRONMENT COURT APPEAL NO D130/22 OF 2022 – APPLICATION
      FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW
      NO. 1 (ADMINISTRATION) 2015 FOR 1/6 CRANK ST, SUNSHINE BEACH


Author            Manager Development Assessment, Kerri Coyle
                  Environment & Sustainable Development

Index             ECM/ Application/ SSL22/1334/ & Case/ MSJI Pty Ltd

Attachments       Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 October 2022 regarding Planning & Environment Court
Appeal D130/22 of 2022 and agree to defend the appeal.


REPORT
On 20 July 2022 Council officers under delegation refused an application under Council’s Local
Laws for the use of 1/6 Crank Street, Sunshine Beach for short stay letting for the following reason:
1.    On 2 October 2015, the premises at 6 Crank Street, Sunshine Beach was approved under
      Noosa Plan 2006 for Multiple Housing Type 2 – Duplex, MCU15/0068.
      Under the provisions of Noosa Plan 2006, Multiple Housing Type 2 – Duplex did not allow
      for visitor or short-term accommodation use of the premises.
      The use of 1/6 Crank Street, Sunshine Beach for short term accommodation is currently
      unlawful and an approval under the local law cannot be issued for an unlawful use.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law, questioning the validity of the Local Law and suggesting the
development approval given under the Noosa Plan 2006 permits the use of the property for short
term accommodation. The review addressed the issues raised and confirmed the previous grounds
of refusal.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court maintaining that the use of the premises for either long-term
or short-term accommodation is lawful. The applicant further submits that the premises has been
used for a duplex for short term accommodation since the construction of the premises. The
applicant seeks that the application be approved subject to appropriate conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.



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