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

    3. before lodging the Short Stay Letting Local Law application for the small dwelling, the applicant will also
       notify Council that short stay letting of the main dwelling is to cease and will request cancellation,
       surrender, withdrawal, expiry or non-renewal of Short Stay Letting Approval SSL25/0041;
    4. the applicant will then lodge the required Short Stay Letting Local Law application for the small dwelling,
       relying on the new MCU approval as the town planning authority for the use; and
    5. short-term accommodation will only commence in the small dwelling once both the MCU approval and the
       required Short Stay Letting Local Law approval for the small dwelling are in place.
This sequencing ensures that the existing town planning use rights and Local Law approval for the main dwelling
are not relinquished prematurely, while also ensuring that they are relinquished before any operational approval is
sought for the small dwelling.
The applicant accepts a condition of approval to give effect to this transition and to ensure that there can be no
concurrent operation of short-term accommodation from both dwellings.


Proposed condition
Prior to lodging any Short Stay Letting Local Law application for the approved short-term accommodation use
within the small dwelling, the applicant must provide written evidence to Council confirming that:
        a. 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, withdrawing those existing use rights; and

        b. Short Stay Letting Approval SSL25/0041 applying to the main dwelling has been cancelled,
        surrendered, withdrawn, expired, or otherwise ceased to have effect, or that a request has been made to
        Council for that approval to be cancelled or otherwise brought to an end.
        c. The approved Short-term accommodation use is limited to the existing 46.5m² small dwelling identified
        on the approved plans. The main dwelling and any other building on the premises must not be used,
        advertised, made available, or let for Short-term accommodation.


This approach provides a clear and enforceable mechanism to ensure that the existing town planning use rights
and Short Stay Letting Local Law approval for the main dwelling cannot operate concurrently with the proposed
short-term accommodation use in the small dwelling. It also secures the planning outcome relied upon in the
application, namely a reduced-scale short-term accommodation outcome on the land.


Information Required by Council

    2. Provide a legally enforceable mechanism to ensure that short-term accommodation is limited to the small
       dwelling only.



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