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

 Submitter   Submission and Grounds of Submission                                                                                  Planners’ response                                                                                               Recommendation
             •    The housing affordability issue that continues to be raised publicly by the Mayor existed in the Noosa           •    It is acknowledged that changes to landuse planning may affect development potential and
                  area a long time prior to the advent of on-line booking platforms for short-term accommodation.                       therefore property values which attract different investor interest.
             This point is further reinforced by reference to the Noosa Council Social Plan (2006-2016) where in 2001 it           •    It is acknowledged the range of uses enjoyed by properties with existing use rights will be different
             was noted Noosa Shire experienced a higher level of accommodation stress in terms of rented and                            to those properties without existing use rights.
             mortgaged properties, compared to the population of Queensland.
                                                                                                                                   •    It is acknowledged housing affordability has been a concern in Noosa Shire for some time, the New
             •    Councillors have asserted publicly that short-stay accommodation "disrupts" local community. The                      Noosa plan seeks to try and address these challenges in a number of ways, including via the
                  same argument applies equally to permanent rental properties where tenancy rights are heavily                         regulation of the increase in short term accommodation in dwelling houses, it also encourages new
                  skewed in favour of the occupant. We further note that Council will typically not be exposed to long                  and smaller dwellings, provides for increased densities around centres and allocates a number of
                  term tenancy issues/disputes due to the State Government legislating and regulating in this area.                     new sites to small dwellings. Housing affordability is a complex issue and the planning scheme is
                                                                                                                                        only one tool in addressing this challenge
             •    Council is unable to produce any statistical evidence regarding complaints sourced from short-stay
                  rental properties.                                                                                               •    The growth in dwelling houses moving out of permanent tenancy and into short term
                                                                                                                                        accommodation has removed a significant number of properties from the market. This has resulted
             •    We contend responsible property owners will manage their property having regard to community                          in less supply of housing for rental or purchasing. It is well known that the return on investment is
                  standards whether they are let on a short-term or long-term basis.                                                    considerably higher for short term accommodation than permanent rental.
             •    The economic benefits (both direct and indirect) of short stay accommodation properties to the local             •    Short term accommodation of a whole property un-hosted is a different use (essentially operates as
                  area have not been assessed by Council in arriving at their position in the Draft New Town Plan.                      a commercial use) to permanent residency with different impacts, higher occupancy and increased
             •    Council is again exposing itself to litigation by restricting the income earning capacity of residential              activity levels which together has a level of impact on residential communities.
                  property owners and fracturing the property market with the "haves" & have-nots".                                •    Council has produced a discussion paper on the Issues associated with the rapid increase in on
             •    Whilst we are in agreement short stay property owners committing to a Code of Conduct, further detail                 line booking platforms and short term accommodation, and has also drawn on well documented
                  is required to ensure the interests of all parties are protected in the event of frivolous claims.                    research, papers and case studies from around Australia and the world in considering its response
                                                                                                                                        to this issue for its community as well as substantial feedback from the community.
                                                                                                                                   •    The new Noosa Plan has been prepared in accordance with the requirements under the Planning
                                                                                                                                        Act 2016 with legal input as required.
                                                                                                                                   •    Issues associated with a proposed code of conduct are noted and will be considered as part of the
                                                                                                                                        Local Law on short stay letting
 21001974    Object to short term accommodation being inconsistent                                                                 Object to short term accommodation being inconsistent                                                            That no change be made to the New Noosa Plan as a result of these submissions.
 20985497    •    Strong objection to the proposed amendment to the zoning rules deeming short stay accommodation                  Short term accommodation is proposed to be inconsistent in the Low Residential Zone and equitably
                  as an inconsistent use within low density housing areas.                                                         applied where this zone applies throughout Noosa Shire.
 21005803
             •    It is difficult to ascertain why, the exclusion of low density residential from short stay letting is required   Short term accommodation is not considered a consistent use within the Low Density Residential Zone
 21003922         code and impact assessable requirements of short term stays and to categorise low density residential            as it does not meet the purpose and outcomes of the zone. The main purpose of the Low Density
 21004639         zones as inconsistent is opposed                                                                                 Residential zone is for permanent residential uses. Therefore any future application for the use would
             •    Very difficult for Council to substantiate its current approach of imposing development assessable               require a full impact assessment.
 21005223
                  restrictions, given that the Council’s Housing Needs Assessment Report 2017 recommends against                   The Housing Needs Assessment 2017 was endorsed by Council for the purpose of informing the drafting
 21003969         code or impact assessments in any form.                                                                          of the new planning scheme. The Housing needs assessment was not soley about short term
 21005074    •    If all such properties not currently holiday-let were forced to only, in future, be operated as residential-     accommodation and where this should or shouldn’t occur and this issue is further considered in the
                  let properties, it would do nothing to affect property affordability as the rental values in these               context of a range of other planning matters.
 21004918         properties would be too high to support that sector anyway.
                                                                                                                                   Dwelling houses in low density residential zones were never intended for visitor accommodation as The
 21003717    •    Owners in zones allowed for Short Term Stays having competitive advantage over owners in a low                   Noosa Plan specifically designated areas elsewhere in the Visitor Accommodation zones and allowed for
                  density residential zone where individual right of choice is being removed and that are now non-                 a mix of visitor and permanent in attached housing zones.
 20987115         compliant with the prescribed activity.
                                                                                                                                   Should an owner wish to short term let their whole property in the Low Density Residential zone where
 21005926    •    Short Stay changes to the Noosa Plan regarding the requirement of a DA with Impact assessment is                 they have not previously then, a planning application has to be made and a full impact assessment
 21006031         an over reach by council and will have consequences that might be irreversible                                   undertaken against the new Noosa Plan. The costs associated with this application ( application fees) are
             •    Disband the unnecessary regulation of a short stay lets that includes banning an entire planning zone,           based on cost recovery only and directly relate to the application assessment and processing
 21006032         require complicated and expensive development approvals and an unnecessary annual application                    requirements and time.
 21006034         process.
                                                                                                                                   When landuse changes or planning regulation change, lawful uses continue when the changes occur
 21006109    •    The entire Noosa region and all rate payers should be subject to the same, easy application and                  even if they are different to the new requirements. In this regard, a property with existing use rights may
                  approval process, with standard nominal fee to short stay let their homes;                                       enjoy a different landuse to properties without existing use rights.
 21003491    •    Unfair that can’t short term let if not already doing so.                                                        It is noted that it may seem unfair to some that if they aren’t already doing so, they are unlikely to be able
 21004843    •    Noosa’s existing planning scheme and development policies have not kept pace with market demand                  to short term let their dwelling in the future in the Low Density Residential zone, however the making of a
 20996367         for holiday accommodation within the local government area.                                                      planning scheme requires that broader strategic issues of landuse planning, community and housing to
             •    Council has not made sufficient land available in the New Noosa Plan, or proposed policies to support            be considered across the Shire.
 20995288
                  new short-term accommodation developments that will be required to meet increased demand for                     Various submissions have objected to the level of red tape and costs associated in seeking approval for
 20999561         accommodation over the life of the new planning scheme.                                                          short-term accommodation and ongoing fees even if no development approval is necessary. These
             •    Amend the purposes and outcomes for the Low, Medium and High Density zones (in Part 6) to                        concerns are noted.
 21004877
                  recognise that, in addition to permanent residents Short Term Accommodation may be allowed where                 Development application fees are set on an annual basis as part of Council’s budget review.
 20996492         impacts on the amenity of the area can be managed.
                                                                                                                                   Under the current scheme the code assessment application fee for Visitor Accommodation Type 1 Home
 20996375    •    Amend the relevant Tables of Assessment so that Short Term Accommodation which is not Accepted
                                                                                                                                   hosted (a bed and breakfast) is $2,917. If it requires impact assessment it is $3,647. These are
                  Development requires a Code Assessable application.
                                                                                                                                   equivalent to the fees for Home-based businesses which are limited in visibility and have no employees.


Consultation Report - Consideration of Submissions on the New Noosa Plan                                                                                                                                                                                                                                                             Page 57