2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       9 MARCH 2021


certifiers and is contrary to the Building Act 1975 because the local law purports to change one of
the building assessment provisions.
Response
The local law does not change the effect of any relevant provisions of the NCC as the NCC deals
with the classification of buildings and specific requirements about the undertaking of building work.
The classification of a building is irrelevant in the context of the application of the local law.
The local law focuses on buildings used in a particular manner not the way a relevant building is
actually constructed or the undertaking of building work in a building having a specific classification.
Compliance with the relevant building assessment provisions is an entirely separate matter to the
regulation of the ongoing use of the building after the completion of construction, in the matter
contemplated in the local law.
No change is proposed in response to the state’s comments.
Department of State Development, Infrastructure, Local Government and Planning
The Department of State Development, Infrastructure, Local Government and Planning (SDILGP)
raised no state interests with regard to the revised draft local law, however suggested we consult
state agencies further on the subordinate local law for areas of planning and building controls.
They encourage Council to consult with SDILGP and the Department of Energy and Public Works
(Building Services) for consistency with existing frameworks.
Response
Whilst Council is not obliged to consult with state agencies on the content of the subordinate local
law, it will be forwarded to SDILGP and Building Services for comment during the public
consultation period.
7.2   Stakeholder consultation on revised draft local law
As part of the review of the draft local law, further consultation was undertaken with a targeted
stakeholder group of six representative including holiday letting agents, onsite managers and the
Noosa Short Term Accommodation Association (NSTAA). Consultation included three workshops
and further email consultation on possible directions for the local law, including the directions
outlined in this report.
The revised draft local law was amended in response to some detailed comments raised by the
NSTAA. Key concerns raised by the NSTAA can be summarised as:
    Exemptions – do not support exemptions
    Funding – Tourism levy should be considered
    Local law should having ongoing input from industry and residents with ongoing review
    Complaints procedures
The NSTAA will also have further opportunity to provide feedback during the public consultation
period.
7.3   Public consultation
As noted in section 2.1 public consultation was undertaken on the 1st draft local law in late 2019
and targeted stakeholder consultation was undertaken with a group of residential letting agents,
resort managers and the NSTAA in the preparation of the revised draft local law.
Further public consultation will be undertaken on the revised draft local law for an extended period
of 4 weeks commencing late March/April subject to Council endorsement of the revised draft local
law for public notification.
Notification will include public notices, your say webpage, Facebook notifications and media
releases.




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