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2021-03-09 Planning & Environment Committee Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    9 MARCH 2021




                                                  Page 123 of 173

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                              9 MARCH 2021

                                                       occupation is inherently detrimental to their potential letting pool stock and business    Holiday   Homes,   90   Beach   Road,
                                                       success.                                                                                   Noosa North Shore;
                                                       Noosa Plan 2020- Land use planning                                                      (xi)lot 2 on RP865533, 2 Halse Lane,
                                                       Noosa Plan 2020 sets out where visitor accommodation should and should not occur.          Noosa Heads (Halse Lodge),
                                                       Historical approvals however, also mean that most units/ townhouse complexes have       (xii) lot 4on SP178340, 61 Noosa Springs
                                                       approvals  for  both  visitor and   permanent   occupation   creating a   constant         Drive, Noosa Heads.
                                                       interchangeable mix of visitors and permanent residents.
                                                       Notwithstanding this, Noosa Plan 2020 specifically identifies sites and precincts within
                                                       the Tourist Accommodation zone with visitor only approvals or reserves land for visitor
                                                       only accommodation (to the exclusion of permanent residents) including the Hastings
                                                       St Mixed Use Precinct. These sites, and in particular Hastings St, are intended for
                                                       visitors not permanent residents with a range of commercial, tourist and entertainment
                                                       and late night uses. Notwithstanding there may be permanent residents residing in
                                                       some of these properties.
                                                       Given the main purpose of the local law is to manage the ongoing impacts of short stay
                                                       letting on permanent residents, and there are no permanent residents permitted in the
                                                       visitor only sites or intended in the Hastings St Mixed Use precinct, it is appropriate
                                                       they be exempt from the local law.
                                                       These exemptions align to the land use outcomes sought by Noosa Plan 2020, and
                                                       avoids potential inconsistencies, inequities and discrimination which may arise from
                                                       the first draft’s proposal to exempt onsite letting agents.

                     Body Corporate approval           Body corporate approval cannot be required for an owner to lodge an application under | Remove body corporate approval to make an
                     cannot be required                the local law and cannot prevent a lawful use operating in a premises.              application under the local law.

                     Local law is duplicating          The restrictions on occupancy of 2 persons per bedroom or maximum 12 people, | Remove planning scheme matter of occupancy
                     planning scheme matters           whichever the lesser, and the restriction on the hours of use of outdoor areas to | and hours of use of outdoor areas from the local
                                                       between 7am and 10pm are planning scheme matters and cannot be regulated by the | law.
                                                       local law.

                     Contact person notice on          The contact person notice requirements is contrary to body corporate bylaws for the | Remove the contact person notice requirement
                     community title properties is     placement of signs.                                                                 for properties within a community title scheme
                     ee                                The revised draft local law should instead require properties within a community titles  ee Wis             ee               een
                         ee                            scheme to notify the body  corporate of the local law approval and  provide contact ee ee                                  eee
                                                       details ina location consistent with their body corporate by laws  P                ee ee
                                                                                                 Mele         ¥     ;                      the body corporate bylaws.

                    Attachment 6 — 1* Draft local law 2019 — Short stay letting — public notification — summary and response to key issues and recommendations for revised draft local law

                                                                                                            Page 123 of 173
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