PM Submission - Ross Phillips & Diane Boeyen - MCU15/0069.01

Subject: Objection to STA Application Reference : MCU15/0069.01
From: Ross Phillips
Date: 2021-04-27T11:13:51+00:00
To: Mailbox Council Mail

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Noosa Council
[email protected]<mailto:[email protected]>
Re: Objection to STA Application Reference : MCU15/0069.01
Address: Unit 1, 39 Duke Street Sunshine Beach Qld 4567
Dear sir/madam,
We hereby strongly object to the approval of the STA application MCU15/0069.01 at the above address.
This building is a duplex and we are the owners of the unit directly above. Normally we would respect an owners desire to rent their property to holiday makers. However in this case, the owners of unit 1 have shown a complete lack of respect and a belligerent attitude about the amenity of the street, our rights and those of neighbouring residents and the peace of the local neighbourhood. They have had ample opportunities to control their STA tenants (by utilising a local agent) but this has failed and we have no confidence they will do any better in the future due to their lack of interest in co-operating and following common sense courtesies.
Here is some background of what has already been happening with STA accommodation in this unit:-
Noise:- In the past, Unit 1 occupiers have had both noisy parties and also wild parties. And also sometimes its not a party but just frequent loud entertaining with loud music and/or large numbers of guests. The building is concrete and noise amplifies more than normal throughout the entire area. Our unit is only a couple of metres above theirs and we can hear everything they say. So can you imagine when they have parties with loud music and people yelling & screaming until 2am – it even reverberates through our pillow and bed. Sleep is certainly not an option. There have been two such instances of really loud parties just in the last 2 months. And the property owners have shown a belligerent attitude towards us and our neighbours by blaming us for living in a holiday area – when in fact, we actually live in a high density residential zoning, which by definition implies that people live here and it is not simply an area for visitors to come and let their hair down at the expense of residents (as they suggest). Rather than empathising with us and working towards controlling their tenants, the owners prefer to blame us for living here in the first place. This is very distressing because we worked hard all of our life to buy a nice home where we could enjoy living in Sunshine Beach in peace. It's all become very stressful for us to the point where we would consider selling and moving.
Guest Numbers:- In the past, Unit 1 occupiers have had up to 16 guests staying in the 3 bedroom apartment. This even included guests sleeping overnight in cars with the garage door open.
Invitees:- Noisy parties on the front verandah sometimes have had around twenty or so guests and this increases the noise levels. In the past, Unit 1 occupiers (younger girls) have invited strangers (guys) whom they met out on the town and invited back. They have been coming and going from the building, partying with loud music until 2:30 in the morning, yelling out, slamming doors, having loud sex etc… and we believe this is not only a great annoyance but also a security risk by allowing such free & easy access to strangers inside our building (which normally would be locked to any strangers.)
Point of Contact:- During the last party, we rang the advised point of contact and also texted them (in the middle of the night). They did not respond until around 9am the next day (which was obviously too late to stop the music and noise.) Their point of contact is ineffectual.
Security:- In the past, on several occasions (and as recently as last week) Unit 1 occupiers have left the garage door open all night, and also at other times during the day, meaning anybody could walk off the street and enter the building and enter our personal home. Entry to the building through garage doors needs to be for occupiers only and closed at all times.
Pool:- In the past, Unit 1 occupiers have been drinking and swimming in the pool around 1 or 2 am. And leaving a mess for us to clean up.
Parking:- In the past, Unit 1 occupiers have had up to 4 cars plus a jet ski parked at one time in the communal driveaway area. Making it difficult for us to access our own property and impossible for visitors to come and park.
Smoking:- Cigarette smoke filters easily through the louvres and into our unit above. To non-smokers in their own home, it’s very annoying.
Damage:- In the past – Unit 2 owners (us) have had to make repairs on behalf of Unit 1 occupiers because nobody is around to take responsibility and clean up/repair after the STA tenants have departed. These have included broken garden lights, damaged pool lounge covers, broken plants, skid marks on the driveway etc etc…)
Garbage & Litter:- In past – Unit 1 occupiers have left beer bottles, champagne bottles/corks, cigarette butts, pizza boxes, plastic rubbish etc… in the gardens, pool, pool area etc…  and Unit 1 owners (us) have had to clean it all up because nobody else is there to manage this.)
Cleaning of Common Areas (pool, foyer, lift etc…):- In past – Unit 2 owners (us) have had to clean the lift, staircase, foyer and remove sand from the pool shower and pool etc… on behalf of Unit 1 occupiers because nobody is around to take responsibility and clean up/repair after the STA guests leave. We asked Unit 1 to have their cleaners attend to such matters however they don’t bother and only specifically clean the inside of their apartment – leaving us to deal with the rest because nobody else is there to manage this.)
As we have stated, normally we would respect the right to rent a property. However the owners of unit 1 (who live in Melbourne) have demonstrated a degree of hostility towards us and don't like to be challenged on issues like this. And on occasions when they have received our complaints, they have not made many effective changes to improve the situation (as we have witnessed as late as last week with yet another loud party, litter in the pool, parking infringements and so on…)  It seems they believe this property is a getaway for holiday makers and not a place where residents live with the right to exist in peace.
If, despite our objection, Council still determines to grant STA approval for this property, then we hereby request that Council adds conditions to their permit such as :-
Noise:- Local government has a key role in implementing federal and state environmental laws and Qld Government’s Environmental Protection Act 1994, stipulates that no noise (including amplified music) greater than 10dB(A) above the normal ‘background noise level’ be permitted between:

•  7am-10pm on a business day.

•  8am-6pm on any other day.
One of our main concerns is loud parties with music. This condition would help control this complaint by limiting amplified music and gatherings with loud noise.
Guest numbers: – limit to either 6 or 8 guests (commensurate with the layout of the 3-bedroom apartment that it is.)
Invitees :– Limit persons on the property to occupiers only (ie: 6 or 8 occupiers maximum.) Or – alternatively any additional invitees (non-occupiers) must be accompanied by the approved occupiers at all times and obey all of the conditions listed herein.
Point of Contact:- Must have an authorized person on call who can effectively respond to noise complaints within 20 minutes – and this contact information must be kept updated and made available to neighbours. And neighbours should be advised of any changes to this point of contact.
Security:– Keep garage and exterior front doors (ie: entry to the building) closed at all times - unless entering or exiting at that immediate time.
Pool :– not to be used after sunset.
Parking:– Occupiers must only park in the allocated owners parking area – which is the internal garage for unit 1 (contains 2 spaces).
Damage:– Damage caused to the property grounds or communal areas by the STA renters must be rectified at the owners trouble and expense.
Smoking – not permitted inside the unit or on the balcony. Smoking is permitted only outside in the body corporate areas such as the driveway, parking or pool area.
Cleaning of Common Areas – pool area, main foyer, lift etc… - Unit 1 to have their cleaners also clean the communal areas including pool area, main foyer and lift after the STA tenants depart.
This is our position on this matter and thank you for your consideration. We also field complaints from our neighbours about the noise, parties and numbers of invitees from unit 1. No doubt you will probably be hearing from some of them too. We believe that the unit 1 owners have had adequate opportunity to control their tenants but have chosen not to.
Yours faithfully,
Ross Phillips & Diane Boeyen
Owners Unit 2, 39 Duke Street, Sunshine Beach