2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     9 MARCH 2021


State government consultation on first draft local law 2019
As required by the Local Government Act 2009, 18 state government agencies were notified of the
amendments to Local Law No. 1 (Administration) to introduce short stay letting as a prescribed
activity.
Seven state agencies responded raising no comments or issues with the first draft local law.
2.2   State government proposal to introduce state wide approach
Following public notification, the first draft local law was not progressed as the Queensland state
government were proposing a state-wide approach for managing short stay letting. This was,
however, deferred given other state priorities due to COVID19 in March / April 2020.
2.3   Council resolution to complete and introduce local law
At its meeting on 16 July 2020, as part of the adoption of Noosa Plan 2020, Council resolved to
complete and introduce the local law for short stay letting, including an associated code of conduct.
As part of this process, the key issues raised in the public submissions to the first draft local law
were reconsidered, further options analysis undertaken, targeted stakeholder engagement
undertaken and further legal advice sought.
2.4   Key issues from submissions
Public submissions raised a number of issues which have been considered in the revised draft
local law. The key issues resulting in proposed changes are summarised below with detailed
response and recommendations outlined in Attachment 6:
     onerous annual approval requirements;
     home hosted accommodation should be included;
     onsite manager exemptions are inequitable and discriminatory;
     onsite managers with multiple management rights cannot meet overnight stay requirements;
     body corporate approval cannot be required to make an application under the local law;
     local law is duplicating planning scheme matters;
     contact person notice on community title properties is contrary to body corporate bylaws;
     contact person should include letting agents and the like;
     response time to complaints required;
     residential amenity and guest behaviour needs further clarification and expansion;
     can’t prevent cars from being legally parked in the street;
     there is overlap with bylaws for community title scheme properties;
     a complaints procedure is required.
Other issues that did not result in changes are outlined in detail in Attachment 6 and summarised
below:
     residents should be able to object to short stay letting applications;
     increase fees and allocate to infrastructure;
     mandate that qualified property agents manage short stay letting ;
     local law makes the contact person liable for actions and behaviour of others is not
      reasonable;
     additional requirements for safety, health, discrimination, state/ federal laws;
     employ security;
     residents should be notified of bookings;
     infringements to guests not approval holder;
     local law should be evaluated and monitored – this did not result in a change to the local
      law, but it will be evaluation and monitoring will be undertaken.




                                                                                    Page 85 of 173