2019-12-11 SM Agenda - Item 1 - Attachment 1 DRAFT 20191202-Noosa Plan Consultation Report

 Submitter   Submission and Grounds of Submission                                                                                  Planners’ response                                                                                            Recommendation
                     follow with booking conditions, contact information and clear communication between guests and
                     owners.
             •       Township location doesn’t lend itself to long term rental and Short-term accommodation has less
                     environmental impacts than beach camping.
             •       No consultation has been undertaken and no rational for the proposed approach has been provided.




8.1.4 Objection to new Noosa Plan regulating short term accommodation
 Submitter       Submission and Grounds of Submission                                                                              Planners’ Response                                                                                            Recommendation
 20737159        Not a matter for the planning scheme                                                                              Not a matter for the planning scheme                                                                          Short term accommodation is a defined use under the Planning Act and must be
                                                                                                                                                                                                                                                 regulated by the new Noosa Plan. It is therefore recommended the new Noosa Plan
 20823544        •    Suggest Planning Scheme is not the appropriate and most effective mechanism for managing (a                  •    In Queensland, planning schemes must be prepared in accordance with the State’s Planning Act             continue to include appropriate provisions to regulate short term accommodation as
                      perceived or real) issue of residential amenity and good neighbour relations.                                     2016 and Planning Regulation 2017. Under this legislation a dwelling house is limited to a               outlined below.
 20823651
                 •    Should be managed through a local law rather than in the planning scheme.                                         residence for a single household, being one or more individuals who live in the dwelling with the
 20825897                                                                                                                               intent of living together on a long-term basis. By distinction short-term accommodation is a             It is clear from the range of submissions that the short stay area map is not the right
                 •    This should not be a planning issue open to neighbour consultation - neighbours could unreasonably                premises for providing accommodation of less than 3 consecutive months to tourists or travellers.        approach for addressing short term accommodation because:
 20825899             dictate whether application are acceptable just out of spite.
                                                                                                                                   •    Under the legislative definitions there is no “right” to automatically use a dwelling house for short-   •    of the potential impacts to existing permanent residents within the map area that will
 20825900        •    We would argue that by renting an existing house to another family/ group of individuals to occupy for            term accommodation and the new Noosa Plan must address these two uses as distinct and                         occur because of the concentration of short term accommodation;
                      a short period of time that there is no material change in land use (i.e. still a residential use and also        separate land uses.
 20825906             no starting of a new use) and there is no material impact on amenity, the environment, services and                                                                                                                        •    the inequities across the Low Density Residential zone both for those wishing to
                      infrastructure (i.e. same number of people occupying the house, same number of car movements,                •    Planning schemes are the legally binding documents which outline the land-use aspirations for the             short term let and those impacted by short term letting; and
 20825912                                                                                                                               community and detail how development applications will be assessed. Planning schemes control
                      same draw on infrastructure and services etc).                                                                                                                                                                             •    the inequities associated with the approvals process across the Low Density
 20825912                                                                                                                               land use and development, such as preventing or regulating businesses in residential
                 •    Council will need to either monitor renting of properties (more compliance staff, establishment and               neighbourhoods. Controlling which land uses can occur in each zone is a fundamental aspect of                 Residential zone.
 20825913             maintenance of registers etc) or rely upon complaints from neighbours – if the latter comes into effect,          any planning scheme.
                      then this will set ‘neighbour against neighbour’ and by the time the complaint is received and
 20825913             processed by Council, the Short-term accommodation period will likely have concluded.                        •    To date the planning schemes for Noosa Shire have not regulated short-term letting of a detached         Therefore it is recommended that:
                                                                                                                                        house, however the new Noosa Plan must address how short-term accommodation be considered
 20826522        •    It should be the owners’ decision how they utilise their own property.                                            (either consistent or inconsistent) in each zone, whether it should be assessable and if so, what        •    in response to submissions regarding the short stay overlay map, the short stay
 20826927        •    We all pay rates and contribute to the local economy and segregating and taking away our right to do              level of assessment should apply.                                                                             overlay map be removed;
                      so, is not just.                                                                                             •   Code provisions should outline the expectations for the use and the expectations for each zone.           •    a local law be prepared to manage the day to day operations of short-term
 20828688                                                                                                                                                                                                                                             accommodation;
                 •    Council has no right to dictate what a property owner can do with their property or who they let stay in     Short term accommodation is not a problem
 20828690             it.                                                                                                                                                                                                                        •    the importance of residential amenity be valued within the Low Density Residential
                                                                                                                                   •    To date Council has not regulated holiday letting of dwelling houses. Holiday letting of detached             zone by making the levels of assessment for short term accommodation the same
 20828690        •    Impact and inconsistent for properties outside the mapped areas makes the likelihood of approval                  housing in particular, was not historically identified as a problem as they were limited in number and
                      being granted remote and open to 3rd party appeal rights.                                                                                                                                                                       for all properties within the zone, regardless of location; and
 20829050                                                                                                                               generally well managed.
                 •    Administratively, implementing and enforcing these new requirements would be problematic, difficult                                                                                                                        •    short term accommodation be made consistent, impact assessable in the Low
 20829050                                                                                                                          •    Since the unregulated on-line booking platforms have commenced a significant growth in full time              Density Residential zone
                      and expensive for the Council.                                                                                    holiday letting of dwellings has occurred and spread from mostly waterfront areas and tourism
 20829764        •    Make Short-term accommodation accepted development in the Low Density Residential Zone subject                    focussed areas into permanent residential neighbourhoods.                                                Allow principal places of residence to undertake short term accommodation for no more
                      to Acceptable Outcomes in the Low Density Residential Zone Code.                                                                                                                                                           than 60 days for no more than 4 occurrences as accepted development with relevant
 20829764                                                                                                                          •    Council has received ongoing complaints about the external impacts of holiday letting in residential     provisions to be met.
                 •   Good governance and an easy complaint pathway would be preferable to a blanket zone                                areas but has had little ability to assist complainants.
 20831256            implementation
                                                                                                                                   •    The new Noosa Plan is an opportunity to review this sector and allow for responsible home sharing
 20831259        Short term accommodation is not a problem                                                                              where it can be done without detracting from residential amenity.
 20831524        •    There is no problem.                                                                                         •    This is a land use planning matter and other Councils in Queensland and elsewhere already
                                                                                                                                        regulate short-term rental of dwellings as distinct from the use of a dwelling house or multiple
 20831524        •    Stories of party houses are unfounded.
                                                                                                                                        housing for permanent or long term residents.
 20832852        •    Holiday homes have existed for decades and cause no problem.                                                 Existing uses
                 •    Council can provide no evidence of there being problems with the current system other than
 20832852                                                                                                                          •    Houses that have a consistent history of holiday letting can continue to do so under Section 260 of
                      suggestion of a few complaints.
                                                                                                                                        the Planning Act 2016 which clearly states that existing uses are protected if lawful. Further a very
 20833648        •    If there are any problems arising they should be dealt with through an industry code of conduct and               large proportion of well-established units and town houses were approved as “multiple dwellings”
 20833917             not by the Council                                                                                                under the superseded planning scheme. Duplexes or multiple dwellings approved prior to The
                 •    Suggest this is just a means of Council trying to raise revenue and overregulate                                  Noosa Plan (3 February 2006) can be lawfully used for either permanent or short-term
 20835331                                                                                                                               accommodation and have existing use rights. Existing use rights tie to the property and not the
                 •    Nowhere else in THE WORLD does the council dictate where you can Airbnb. It’s anti-competitive.
 20835350                                                                                                                               owner.
                 •    This proposal is backwards thinking in a world that is embracing the share economy
 20835350                                                                                                                          •    Collectively these houses, units and duplexes represent a very large number of properties offering
                 •    Follow the lead of other cities around the world, which have embraced home sharing and are reaping                this accommodation option for guests.
 20835498             the benefits it offers.                                                                                      Not enough research, assessment or consultation has been done
 20835682        •    The share economy is an environmentally responsible phenomenon. Underutilised resources like
                      vacant houses are wasteful. Building more when there are so many going un-unused is not                      •    Research into the way comparable destinations throughout Queensland, Australia and the world
                      responsible use of the worlds limited resources.                                                                  deal with short term accommodation has informed the drafting of the new Noosa Plan.



Consultation Report - Consideration of Submissions on the New Noosa Plan                                                                                                                                                                                                                                                              Page 25