2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    9 MARCH 2021


    one off application requirement and annual renewal;
    removal of exemptions for properties using onsite letting agent and manager residing
     overnight, and instead exemptions introduced for visitor only sites and precincts identified in
     Noosa Plan 2020, motels, hotels and backpackers;
    removal of reference to cancelled or suspended approvals and convictions within the last 2
     years and instead broaden to consideration of the applicant’s history of operating short stay
     letting or home hosted accommodation at the premises or other premises, including any
     suspensions or cancellations;
    removal of body corporate approval for properties in community title schemes;
    removal of planning scheme matters the local law cannot regulate (occupancy and hours of
     use of outdoor areas);
    an expanded definition of a contact person;
    inclusion of a 30 minute response time to complaints (or response time required under onsite
     management agreement, whichever the lesser time) and reference back to compliance with
     code of conduct;
    further clarification that the use of the premises includes use of outdoor areas, including
     decks, balconies, swimming pools and spas and must not detrimentally affect residential
     amenity;
    further expansion and definition of residential amenity impacts and what constitutes
     unacceptable guest behaviour;
    removal of requirements that guests cannot legally park outside property boundary;
    consistency with Information Privacy Act 2009 requirements for guest and complaints
     registers; and
    removal of overlap with body corporate responsibilities and bylaws for community title
     scheme properties regarding signage and garbage requirements.
In addition, a complaints procedure has been prepared which sits outside the local law.
The revised draft local law is now presented to Council for endorsement for the purpose of public
notification and the preparation of a public interest test plan.

RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 9 March 2021 and:
A.   Resolve to make:
     1.    Administration (Amendment) Local Law (No. 1) 2021 as contained in Attachment 1;
           and
     2.    Administration (Amendment) Subordinate Local Law (No.1) 2021 as contained in
           Attachment 2;
B.   In accordance with Council’s Local Law Making Policy, further consult with the public about
     the revised versions of Administration (Amendment) Local Law (No.1) 2021 and
     Administration (Amendment) Subordinate Local Law (No.1) 2021;
C.   Pursuant to section 257 of the Local Government Act 2009, delegate to the Chief Executive
     Officer its powers under section 38 of the Act and section 15 of the Local Government
     Regulation 2012 to decide—
     1.    how the public interest test of Administration (Amendment) Local Law (No. 1) 2021
           contained in Attachment 1 and Administration (Amendment) Subordinate
     2.    Local Law (No. 1) 2021 contained in Attachment 2 is to be conducted; and

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