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

2. Applicants Response

The proposed development seeks approval for short-term accommodation within the existing approved 46.5m²
small dwelling only. The application does not seek approval for short-term accommodation within the main
dwelling, or within any other building or part of the land.
The legally enforceable mechanism to secure this outcome is through conditions of the MCU approval and the
approved plans.

The applicant accepts that any approval issued by Council should include a clear condition limiting the approved
use to the small dwelling only. The applicant also accepts that the main dwelling and any other building on the
premises must not be used, advertised, made available, or let for short-term accommodation.
This mechanism is enforceable because the restriction will form part of the development approval itself. It will not
operate merely as an applicant statement, intention or personal undertaking. Once imposed as a condition of
approval, the limitation will attach to the premises and bind the owner, successors in title and occupiers while the
approval is in effect.
Accordingly, if the main dwelling were later used, advertised, made available or let for short-term accommodation
contrary to the approval, that would constitute non-compliance with the development approval and would be
capable of enforcement action by Council.
The applicant also accepts that the approved plans should identify the small dwelling as the only building
approved for short-term accommodation. This will ensure the scope of the approval is clear and removes any
ambiguity about the buildings or parts of the land to which the approval applies.
The mechanism is further reinforced by the separate Short Stay Letting Local Law approval process. The MCU
approval, if granted, will establish the town planning authority for the small dwelling, but the use cannot operate
until a separate Short Stay Letting Local Law approval is obtained. That subsequent Local Law approval process
provides Council with a further operational checkpoint before the small dwelling can be used for short-term
accommodation.

The applicant therefore proposes that the following conditions be included on any approval issued by Council.


Suggested condition – Use limited to small dwelling
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.

Suggested condition – No concurrent short-term accommodation use
No more than one Short-term accommodation use is permitted to operate on the premises at any time. For the
avoidance of doubt, the approved Short-term accommodation use is limited to the small dwelling only, and the
main dwelling must be retained for permanent residential occupation.



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