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

 Submitter   Submission and Grounds of Submission                                                                              Planners’ Response   Recommendation
             •   Seek to actively support the development of experiences for visitors and residents such as tours and
                 activities set in suburbia.
             •   The definition of short stay within the Noosa Plan suggests a consecutive period of less than three
                 months. However the reality is that many guests using Airbnb etc stay for much shorter periods.
                 Council therefore needs to strike a distinction between very short stays such as 1-2 nights, 7-14 days
                 and longer.
             •   Under Sec 180 (3) of the Body Corporate Community Management Act Legislation provides that if a
                 lot may be lawfully used for residential purposes, the scheme bylaws cannot restrict the type of
                 residential use, including Short-term lettings. Most units within Noosa Shire are registered under
                 Body Corporate Community Management Act Accommodation Module. The Accommodation Module
                 is intended for schemes used for permanent residence and holiday letting. The BCCM Act was
                 amended in 2003, 2007 and 2009 to encourage the tourism potential of community titles schemes
                 without diminishing the rights and responsibilities of owners and intending buyers of lots in community
                 title schemes. Council’s proposed plan seems to conflict with state legislation.
             •   Changes to strata legislation to empower owner’s corporations to pass bylaws with a 75% majority
                 banning short-term letting in their building, but not on properties which are owner occupied.
             •   Short-term accommodation should be allowed as-of-right in medium and high density residential
                 zones, where it will be controlled through body corporate laws
             •   Body corporate holiday apartments should register and pay but should be allowed to holiday let
                 apartments in all zones as a Body Corporate is able to regulate its owners.
             •   There has been a plethora of court decisions and judgements where residential use has been
                 determined as well as suggestions by the Queensland Judiciary that they have had trouble making
                 sense of the Integrated Planning Act 1997. Based on these legal precedents it may be that Short-
                 term letting is legal and does not require permission.
             •   The Body Corporate and Community Management Act (BCCM) Act and standard by-laws clearly
                 outlines the processes and outcomes regarding disruptive behaviour, parking congestion and
                 negative impact on residential amenity. Local council do not have jurisdiction in these matters, nor
                 should they.
             •   Introduce a bed tax to derive some advantage form an existing resource
             •   My professional management agency has provided Noosa Shire Council with a recommended
                 management plan to assist owners who are short-term letting to do so with integrity and discipline so
                 that their guests can also have an amazing experience and respect their neighbourhood and the
                 environment. I believe the proposed Noosa Plan needs to take a responsible owner approach and
                 work with us to establish best practices in our short-term letting to continue to grow our tourism
                 industry, employment opportunities, property values and to preserve our natural environment. This
                 will not be achieved by taking a restrictive and punitive approach, causing owners to reduce their
                 income, sell down assets or undertake a laborious and costly application processes; and having to
                 build a policing regime to enforce this plan. I trust that Council will use its business and social
                 acumen to judiciously form and implement collaborative and business like solutions that gives choice
                 and allows it to continue to put rate payers’ resources into expanding our lifestyle and the vibrancy of
                 the Noosa Shire.
             •   Full cost recovery of regulation from the owners of these properties via Permit fee.
             •   Proactive annual inspections for safety and number of disclosed beds.
             •   Registration may be cancelled when: (a) Any material change occurs to the application details on the
                 basis of which the certificate of registration was issued. (b) Council receives no less than three
                 substantiated complaints concerning the activities taking place at the dwelling from residents located
                 within the proximity of the dwelling over a rolling period of 12 months. (c) A substantiated complaint is
                 of such severity that immediate cancellation is warranted.
             •   Tourism Noosa supports all forms of compliant accommodation offerings that can meet the rising
                 expectations of our valued Noosa visitors. It appreciates the current demand for self-managed STA
                 offerings and supports that notion that the entire accommodation-providing industry should be
                 regulated fairly and consistently.
             •   The owner must provide Council with the contact details for a designated person(s) for the dwelling
                 who can be contacted at any time, and that person must respond within 2 hours to any matter relating
                 to the dwelling. Contact details must be provided on the property and to all adjoining neighbours
                 (including those over the road)
             •   For short-term holiday letting, the limit of 10 guests is understandable given the concerns around
                 house parties, however impractical in its application particularly in situations of two families holidaying
                 together, or extended families where grandparents accompany the family as appears to be occurring
                 more frequently given the ageing population.



Consultation Report - Consideration of Submissions on the New Noosa Plan                                                                                             Page 33