2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   9 MARCH 2021


3     Revised draft local law
The revised draft local law is now proposed for further public consultation which has considered:
     submissions received during public notification of the first draft local law;
     targeted stakeholder engagement with letting agents, onsite managers and Noosa Short
      Term Accommodation Association (NSTAA) representatives;
     further State government agency consultation;
     other local government approaches;
     options analysis and assessment; and
     legal advice.
3.1   Key changes proposed
A number of smaller changes have been made for clarification purposes in addition to the following
significant changes:
     inclusion of home hosted accommodation as part of the prescribed activity requiring an
      approval under the local law;
     one off application requirement and annual renewal;
     removal of exemptions for properties using onsite letting agent and manager resides
      overnight – and instead exemptions introduced for visitor only sites and precincts identified
      in Noosa Plan 2020 identified in Attachment 7, 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 the requirement for body corporate approval for properties in community title
      schemes;
     removal of planning scheme matters the local law cannot regulate - of 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.
A complaints procedure sitting outside of the local law has also been prepared and is contained in
Attachment 4.
3.2   Revised draft local law content
Application requirements
     applies to short stay letting and home hosted accommodation;
     one off annual application and annual renewal with exemptions for:
      o      sites and precincts identified in Noosa Plan 2020 as visitor only;
      o      holiday houses not being used for short term accommodation;
      o      hotels, motels, backpacker’s accommodation;
     site plan, floor plan, use of each room, number of persons per bedroom;

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