Planning & Environment Court Appeal No. D97 Of 2022 – Application For Short Stay Letting Under Local Law No. 1 & Subordinate Local Law NO.1 (Administration) 2015 For Unit 1, 12 Stevens Street, Sunshine Beach

Planning & Environment court appeal no D97 of 2022 – application for short stay letting under Local law No. 1 & Subordinate Local Law No. 1 (administration) 2015 for unit 1, 12 Stevens Street, sunshine beacH

Author	Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development

Index	ECM/ Application/ SSL22/0179/ & Case/ Escanaba Pty Ltd

Attachments	Nil

EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment Court Appeal D97 of 2022 and agree to defend the appeal.

REPORT
On 27 April 2022 Council officers under delegation refused an application under Council’s Local Laws for the use of 1/12 Stevens Street, Sunshine Beach for short stay letting for the following reason:
On 11 August 2015, the premises at 1/12 Stevens Street, Sunshine Beach was approved under the Noosa Plan 2006 for Multiple Housing Type 2 – Duplex, MCU15/0049.
Under the provisions of the Noosa Plan 2006, Multiple Housing Type 2 – Duplex did not allow for visitor or short-term accommodation use of the premises.
The use of 1/12 Stevens St Sunshine Beach Qld 4567 for short term accommodation is currently unlawful and an approval under the local law cannot be issued for an unlawful use.
The applicant was also advised at the time that as the use of the premises for short term accommodation is not lawful the use must cease within 6 weeks from the date of the refusal notice, with booking information detailing past bookings dating back to 2018.
The applicant subsequently requested the decision to refuse the application be reviewed as provided for under the Local Law, questioning the validity of the Local Law and suggesting the absence of an appropriate development approval for short term accommodation is not a valid basis for refusing the application. The review addressed the issues raised and confirmed the previous grounds of refusal.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal to the Planning & Environment Court maintaining that the use of the premises for short-term accommodation is lawful as Multiple Housing Type 2 Duplex (MCU15/0049) does allow the premises to be used for short term accommodation. The applicant seeks that the application be approved subject to appropriate conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable

Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal.  There will be costs associated with defending the appeal, particularly if the matter proceeds to trial.

Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb

Internal Consultation

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Director		Director
	Executive Support		Community Development		Financial Services
			Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Director		Director		Director
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	09 AUGUST 2022