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MCU23/0019 - SHORT TERM ACCOMMODATION AT 2A WOONGAR STREET, BOREEN POINT (Referred from Planning & Environment Committee Meeting dated 11 July 2023 - Item 5.6) · ATTACHMENT 2 TO THE GC MINUTES DATED 17 JULY 2023 - MCU23 0019 - FINAL CONDITIONS
ATTACHMENT 1 TO THE GC MINUTES 17 JULY 2023 – MCU23/0019 – FINAL CONDITIONS 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. Plans and Documents 2. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date 9602 A01 B Site Plan, prepared by Harbour Project Pty Ltd Sept 96 9602 A02 B Ground Floor Plan and Section Plan, prepared by Sept 96 Harbour Project Pty Ltd 9602 A03 B First Floor Plan, prepared by Harbour Project Pty Sept 96 Ltd 9602 A04 B Elevations, prepared by Harbour Project Pty Ltd Sept 96 Currency Period 3. This development approval lapses if the use has not happened by 20 July 2026, unless an application to extend the currency period is approved by Council. Nature and Extent of Approved Use 4. The total number of bedrooms within the existing dwelling that are available for guest accommodation must not exceed 5. 5. The total number of guests accommodated at any one time must not exceed 8. 6. The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site. Amenity 7. All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm each night. 8. The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance. 9. The operation of the approved use must be in accordance with Administration (Amendment) Subordinate Local Law (No.1) 2021. *Refer Advisory Note. 10. Fires are prohibited on site (e.g. fire pits, bonfires etc) except where in an appliance used for domestic heating or cooking purposes, which must comply with particular standards. 11. Domestic dogs are permitted on the property provided that they are permanently confined within buildings and/or fenced enclosures. 12. Domestic cats are permitted on the property provided that they are permanently confined within buildings.
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Lighting Amenity
13. Any illumination resulting from direct, reflected or other incidental external lighting emanating
from the site must not exceed 8 lux when measured at any point 1.5 metres outside the
boundary of the Rural Residential zoned portion of the land.
Contact Person
10.14. Prior to the commencement of the use written confirmation must be provided to Council
confirming:
a. 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
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within a 20 kilometre radius of the premises; and
d. 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.
Code of Conduct
11.15. A code of conduct must be developed and provided to all users and occupants of the
short-term accommodation, including any website or social media used to promote the use
of the premises for short-term accommodation.
The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to noise,
overlooking, light spill or odour) enjoyed by residents in the vicinity of the
premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by Queensland
Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent, caravan,
campervan or similar facility.
c. That each vehicle used by a user of the premises 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.
d. That each user 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.
e. That each user of the premises must ensure that the premises, including the grounds
of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
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g. The nature and extent of the approved use as detailed in conditions numbers 5 4 to 8
6 of this development approval.
12.16. The Code of Conduct must be displayed in a prominent location at the premises so
that it can be viewed by guests.
Complaints Management
13.17. The contact person must maintain a record of all complaints received, identifying how
each complaint has been resolved or addressed within a reasonable time.
14.18. The contact person must respond to all complaints within 30 minutes of notification of
a complaint.
15.19. The contact person, must keep and maintain a register of the use of the premises for
short stay letting or home hosted accommodation, and record in the register, each of the
following:
a. on each occasion on which the premises are used, or occupied, for short stay letting
or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay letting
or home hosted accommodation began and ended.
16.20. The contact person, must make available, for inspection by Council, within 5 business
days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 17; and
b. the register referred to in condition 19.
Water Supply
17.21. The development must be provided with a potable water supply. The storage capacity
of the potable water supply must be a minimum of 5000 litres per guest.
Waste Water Treatment and Disposal
18.22. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Retention of Existing Trees
19.23. All existing native vegetation located on the site and in the road reserve must be
retained and protected.
Carparking
20.24. Existing car parking on site, as detailed on the approved plans, must be maintained
and kept available for guests of the short term accommodation use.
21.25. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Bushfire Management
26. No fires are permitted outside of the dwelling.
22.27. An accessible dam, swimming pool or water tank (in addition to day to day water
supply) with an onsite water volume of not less than 5,000 litres must be available for
firefighting purposes, located within reasonable proximity to building.
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23.28. A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire
brigade fitting must be connected to the water supply (other than where the water supply is
in a swimming pool or dam).
29. A bushfire evacuation plan for the site must be prepared by a qualified person* and submitted
to Council prior to the commencement of the short term accommodation use.
*(Refer to Advisory Note)
30. A copy of the bushfire evacuation plan for the development must be provided to the nearest
fire authority and all guests staying on site.