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

 Submitter   Submission and Grounds of Submission                                                                             Planners’ Response                                                                                                    Recommendation
 21004556    •    has the potential to somewhat distort the property market and will ultimately change the demographics            previous Planning legislation and the Noosa Plan did not anticipate the proliferation of this use in
                  of the region;                                                                                                   residential areas.
 20992901
             •    will establish several different categories of homeownership rights across the Shire – those who can        •    Properties lawfully undertaking short term accommodation prior to the commencement of the new
 21004137         freely participate in STRA (given existing rights), those who can participate in a restricted way (due to        Noosa Plan, for a consistent period for 12 months or more, will likely have existing use rights.
 21004792         limits on use for primary places of residence) and those who are effectively shut out by a complicated      •    Existing use rights continue until such time it is abandoned, which is generally when the use ceases
                  and restrictive approval process.                                                                                is abandoned for 12 months or more.
 21004797
             •    residences will have a “land use” different to those neighbours that haven’t had been used previously       Distorted property values
 21003670         as short term accommodation.
                                                                                                                              •    When landuse changes or planning regulation change, lawful uses continue when the changes
 20992717    •    Discriminates between those that do and don’t have existing use rights.
                                                                                                                                   occur even if they are different to the new requirements. In this regard, a property with existing use
             Expiry of Existing Use –                                                                                              rights may enjoy a different landuse to properties without existing use rights.
 20992908
             •    existing use rights should not be passed to new owners;                                                     •    It is acknowledged that changes to landuse planning can affect development potential and therefore
 20992783
                                                                                                                                   potentially property values which attract different investor interest.
             •    if the use changes to residential for a time, or the pattern does not continue, then those existing use
 20994791         rights should be extinguished                                                                               •    It is acknowledged the range of uses available to properties with existing use rights will be different
 20997392                                                                                                                          to those properties without existing use rights.
             •    does not allow for flexibility and situation changes;
                                                                                                                              Expiry of Existing Use
 20998883    •    rights lost if lived in it for 12 months- prevents houses going back into permanent letting pool for fear
                  of losing existing use rights;                                                                              •    Existing use rights applies to the property/land not the owner and continue with changes in
 20999830
             •    no certainty of existing use rights if renovations occur or knock down and rebuild;                              ownership, providing the use is not abandoned.
 21002692                                                                                                                     •    Generally, if the use has ceased during a rebuild or renovation process or is permanently tenanted
             •    significantly decrease in short stay accommodation when low density houses stop short-term letting;
 21001770                                                                                                                          for greater than 12 months then existing use rights have also ceased.
             •    requirement to continuously maintain existing use rights and new development applications for
                  ‘inconsistent’ low density residential zone that are unlikely to be approved will slowly drain the short-   •    The statement that there will be a significant decrease in short stay accommodation when owners
 21004158
                  term house rental pool until it eventually disappears and drive high value tourists away;                        in Low Density zone stop short term letting is not something that can be controlled by the Planning
 21004843                                                                                                                          Scheme. The owner’s financial or personal intent, possibly influenced by the market, will determine
             •    a number of the premises to which existing use rights might apply may have previously been used                  whether a property with existing use rights will remain as short term accommodation or permanently
 20971298         unlawfully (e.g., no DA application for change of use, laws and regulations surrounding fire, disability,        tenanted.
                  discrimination, food handling, insurance etc)
 20973605                                                                                                                     •    There has been an exponential increase in the number of dwellings that have been made available
             •    support the acknowledgement of a continuation of existing use rights for properties that have been               for short term accommodation in Noosa since the advent of on-line booking platforms that were
 21003374         conducting short term letting;                                                                                   previously never used for visitor accommodation. Any loss to this number through a ceasing of
 21004611    •    have to short term let to keep status of asset and not lose rights;                                              existing use rights, will largely be driven by the market levelling out and supply and demand factors.
 21002225    •   should have flexibly rights to permanent and short term let without losing use rights.                       •    Houses used for short term accommodation are only are portion of the visitor accommodation
             Ongoing impacts from existing use rights properties                                                                   offering, and if there is any loss to this stock in the low density residential zone , it will likely redirect
 20985618                                                                                                                          visitors to take up purpose built visitor accommodation and will likely result in higher occupancy
 20971302    •    How will amenity loss through existing use rights properties be managed where by default, the                    rates for all purpose built visitor accommodation providers.
                  intensity is greater?                                                                                       •    Dwelling houses in low density residential zones were never intended for visitor accommodation as
 21004813    •    Party houses are going to be able to continue operations under “existing use” rights, which surely               The Noosa Plan specifically designated areas elsewhere in the Visitor Accommodation zones and
 21004805         defeats the purpose of the changes.                                                                              allowed for a mix of visitor and permanent in attached housing zones.

 21004446    •   Trust I will be able to continue the use of my holiday unit in Peza Court into the future.                   •   Only multiple dwelling and duplexes approved prior to The Noosa Plan 2006 have the flexibility for
             Resources                                                                                                            the interchangeability of both permanent and short term accommodation.
 21004990                                                                                                                     Ongoing impacts from existing use rights properties
             The need to establish existing use rights could require significant Council resources as well as some
 21001109    difficulties for residents intending to continue to provide STA.                                                 •    Amenity impacts associated with properties operating under existing use rights are proposed to be
 20996485                                                                                                                          managed through the proposed short stay letting local law.
             Less than 12 months use
                                                                                                                              •   “Party houses” as defined under the Planning Act are prohibited in every zone in Noosa Shire.
 21004466
             •    Properties purchased for the sole purpose of short term rental (in particular Duplexes purchased this       Resources
 20996483         calendar year and should be considered as having existing use rights).
                                                                                                                              •    Assessment of existing use rights comes from a request from a property owner to Council to
 21004480    •    Requirement to be renting premises 12 months prior to the new Noosa Planning Scheme in order to
                                                                                                                                   confirm existing use rights or may come from a compliance matter. Assessment of existing use
                  obtain approval for Short Term Rental is unfair and not consistent with current practices and it gives
 21004621                                                                                                                          rights will also be done by Council staff through the local law approvals process.
                  unfair value to some properties over other properties.
                                                                                                                              •    Resource requirements have been planned to support this process
 21004841    •    Apart from existing rights and precedence, there needs to be 6-12 month 'period of grace' following the
                  implementation of the New Noosa Plan for residents to choose whether the residence should be                Less than 12 months use
 21003435         eligible for any type of STR accommodation. This is extremely important to allow all residents an
                                                                                                                              •    The establishment of existing use rights requires the use to have commenced for a consistent
 20993391         equitable choice about where they live and to ensure that resident's property values are not impacted.
                                                                                                                                   period over the previous 12 months, and does not include an “intent” to commence.
 21004817
             •  Want consideration for existing use rights if intention to short term let
                                                                                                                              •  Under the provisions of the Planning Act as person may make a request to apply a superseded
             Compensation                                                                                                        planning scheme to the carrying out of development under the superseded planning scheme (The
 20991724                                                                                                                        current Noosa Plan).
             •    Premises in low density zones that do not have existing lawful use rights for short term letting. These
 21004854         owners have common law rights to the free use of premises other than to the extent controlled or            Compensation
 21004785         diminished by law. Any planning changes that fetter these rights may constitute a compensable                   The Planning Scheme (Noosa Plan) regulates land use and development of all land across the Shire.
                  Adverse Planning Change, under section 30 of the Act.
 21005777                                                                                                                          Premises cannot be used freely for any use as defined in the planning scheme. All land is zoned and
                                                                                                                                   has a range of acceptable, consistent and inconsistent uses specified against each zone.



Consultation Report - Consideration of Submissions on the New Noosa Plan                                                                                                                                                                                             Page 49