MCU26-0047 -Applicant's Response to Council's

Information Required by Council

    1. Provide confirmation of the mechanism by which the existing approval will be relinquished, cancelled or
       otherwise prevented from operating concurrently with the proposed development.


1. Applicant’s Response
The application material identifies that the existing short-term accommodation use applying to the main dwelling is
to cease as part of the proposed land use outcome. The intent of the application is not to create an additional or
concurrent short-term accommodation use on the land. Rather, the application seeks to relocate the short-term
accommodation activity from the larger main dwelling to the existing approved 46.5m² small dwelling.
For clarity, the applicant acknowledges that the existing short-term accommodation position for the main dwelling
involves two related but separate elements:
    1. the underlying town planning use rights relied upon for the use of the main dwelling for short-term
       accommodation; and
    2. Short Stay Letting Approval SSL25/0041 issued under Council’s Short Stay Letting Local Law framework.
The applicant confirms that both elements will be addressed before the proposed short-term accommodation use
of the small dwelling is able to operate.
It is important to distinguish between the MCU approval now being sought and the separate Short Stay Letting
Local Law approval required before the use can operate. The MCU approval, if granted, will establish the town
planning approval for the small dwelling to be used for short-term accommodation. It will not, of itself, authorise
the immediate operation of the small dwelling for short stay letting.
A separate Short Stay Letting Local Law application will still be required before the small dwelling can operate.
For that reason, the appropriate transition point is after Council grants the MCU approval for the small dwelling,
but before the applicant lodges the Short Stay Letting Local Law application for the small dwelling.
The applicant does not consider it reasonable or necessary to relinquish the existing town planning use rights or
Local Law approval for the main dwelling before Council has determined the MCU application for the small
dwelling. If the MCU approval were not granted, the applicant would have prematurely given up the existing lawful
planning position for the main dwelling without the replacement planning approval being in place.
Instead, the applicant proposes the following clear transition process:
    1. Council grants the MCU approval for short-term accommodation within the existing approved small
       dwelling;

    2. before lodging the Short Stay Letting Local Law application for the small dwelling, the applicant will
       provide written confirmation to Council that the applicant no longer relies upon, asserts, or seeks to
       exercise any existing town planning use rights for short-term accommodation in relation to the main
       dwelling;


                                                                          PO Box 1818        0438 210 182
                                                                          Noosa Heads        [email protected]
                                                                          QLD 4567           rgstrategic.com.au