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MCU23/0019 - SHORT TERM ACCOMMODATION AT 2A WOONGAR STREET, BOREEN POINT (Referred from Planning & Environment Committee Meeting dated 11 July 2023 - Item 5.6) · ATTACHMENT 1 - MCU23 0019 - PROPOSED CONDITIONS
ATTACHMENT 1 – MCU23/0019 – PROPOSED CONDITIONS PLANNING When Conditions must be Complied With 1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Plans and Documents 2. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date 9602 A01 B Site Plan, prepared by Harbour Project Pty Ltd Sept 96 9602 A02 B Ground Floor Plan and Section Plan, prepared by Sept 96 Harbour Project Pty Ltd 9602 A03 B First Floor Plan, prepared by Harbour Project Pty Sept 96 Ltd 9602 A04 B Elevations, prepared by Harbour Project Pty Ltd Sept 96 Currency Period 3. This development approval lapses if the use has not happened by 20 July 2026, unless an application to extend the currency period is approved by Council. Nature and Extent of Approved Use 4. The total number of bedrooms within the existing dwelling that are available for guest accommodation must not exceed 5. 5. The total number of guests accommodated at any one time must not exceed 8. 6. The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site. Amenity 7. All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm each night. 8. The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance. 9. The operation of the approved use must be in accordance with Administration (Amendment) Subordinate Local Law (No.1) 2021. *Refer Advisory Note. 10. Fires are prohibited on site (eg. fire pits, bonfires etc) except where in an appliance used for domestic heating or cooking purposes, which must comply with particular standards. Contact Person 11. Prior to the commencement of the use written confirmation must be provided to Council confirming: a. the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
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b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within a 20 kilometre radius of the premises; and
d. that the contact person is to be responsible for the supervision and management of
the premises, including addressing complaints about the use of the premises for short
stay letting and visitor queries.
Code of Conduct
12. A code of conduct must be developed and provided to all users and occupants of the short-
term accommodation, including any website or social media used to promote the use of the
premises for short-term accommodation.
The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to noise,
overlooking, light spill or odour) enjoyed by residents in the vicinity of the
premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by Queensland
Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent, caravan,
campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the separation of
recyclable waste) produced as a result of the ordinary use or occupation of the
premises in a waste container.
e. That each user of the premises must ensure that the premises, including the grounds
of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 5 to 8 of
this development approval.
13. The Code of Conduct must be displayed in a prominent location at the premises so that it
can be viewed by guests.
Complaints Management
14. The contact person must maintain a record of all complaints received, identifying how each
complaint has been resolved or addressed within a reasonable time.
15. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
16. The contact person, must keep and maintain a register of the use of the premises for short
stay letting or home hosted accommodation, and record in the register, each of the following:
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a. on each occasion on which the premises are used, or occupied, for short stay letting
or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay letting
or home hosted accommodation began and ended.
17. The contact person, must make available, for inspection by Council, within 5 business days
of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 16; and
b. the register referred to in condition 18.
Water Supply
18. The development must be provided with a potable water supply. The storage capacity of the
potable water supply must be a minimum of 5000 litres per guest.
Waste Water Treatment and Disposal
19. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Retention of Existing Trees
20. All existing native vegetation located on the site and in the road reserve must be retained
and protected.
Carparking
21. Existing car parking on site, as detailed on the approved plans, must be maintained and kept
available for guests of the short term accommodation use.
22. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Bushfire Management
23. No fires are permitted outside of the dwelling.
24. An accessible dam, swimming pool or water tank (in addition to day to day water supply) with
an onsite water volume of not less than 5,000 litres must be available for firefighting
purposes, located within reasonable proximity to building.
25. A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade
fitting must be connected to the water supply (other than where the water supply is in a
swimming pool or dam).
26. A bushfire evacuation plan for the site must be prepared by a qualified person* and submitted
to Council prior to the commencement of the short term accommodation use.
*(Refer to Advisory Note)
27. A copy of the bushfire evacuation plan for the development must be provided to the nearest
fire authority and all guests staying on site.