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NOOSA PLAN 2020 PROPOSED AMENDMENT NO. 2 - POST PUBLIC NOTIFICATION FOR FINAL STATE GOVERNMENT MINISTERIAL APPROVAL · Attachment 1 Table of submissions

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Original PDF page 24, section 1. The text section number identifies this passage in the reader.

 Your Say     ECM          Submitter comments                                                                                                Response                                                                                             Recommendation
 Reference    reference
                           This is effectively a confiscation of the value of the owner’s property by Council without compensation
                           and follows on from Council's recent interventionalist role in the rights of long term private property
                           owners, with (perversely) the Retreat owners receiving notices of operating a prescribed activity (short
                           term letting) without approval! (This despite the Retreat's long term operation and legal use of the
                           property for both residential and short term letting.) We were then forced to pay a licence fee to do what
                           we have always been legally able to do, triggering Form 29 building requirements from Council to spend
                           thousands of dollars to upgrade properties to meet new compliance rules, despite the long held view that
                           Houses built to comply with the regulations at the time of construction did not have to be continually
                           updated to meet new codes and regulations.
                           The proposal seeks to limit options for redevelopment, which directly contravenes the stated intent of the
                           Noosa Plan 2020 – "Amendment No. 2 is a major amendment that seeks to support housing supply,
                           housing choice, housing diversity and housing affordability." In our case it lessens options.
                           Once the proposed zoning change occurs and it is zoned short term tourist accommodation and any
                           development changes occur to the property the short term tourist accommodation conditions will apply to
                           the site e.g. owners can only stay for up to 90 days per year. This will devalue the properties as they will
                           be unable to be sold to any buyer who intends to stay at the property for in excess of 90 days per year.
                           Surely this decision will affect the resale value.
                           The loss of value would be reflected in a lower land value and rates and taxes as well as an unfair
                           reduction in owner values without compensation."
                           We purchased our House in 1994 whilst it was still at the building stage. A visit when just the framework
                           had been erected convinced us to cancel our proposed investment in a Sydney unit and proceed to
                           purchase House 9, at The Retreat. The reason for the purchase was two fold; one to have a Queensland
                           property and enjoy the fabled weather and beach and secondly as an investment property. Over the
                           ensuing years we have greatly enjoyed our time on the Sunshine Coast and two visits in particular were
                           to recover from major surgery. The possibility of limiting our visits to 90 days precludes this possibility in
                           the future with my husband scheduled for yet more surgery going forward. At all times since our purchase,
                           our house has been put in the letting pool via the onsite managers.
                           I have lived as a permanent, full-time resident at The Retreat for more than 10 years, and object to this
                           proposed change, which from the information I’ve received, has not been sought by any property owner
                           at The Retreat and which appears to fundamentally change my rights in respect to my property and its
                           use in future to my detriment. The proposal includes no compensation for the loss of these rights or the
                           likely impact on the future value of my property because of the proposed zoning change to Tourist
                           Accommodation Zone. It removes a substantive option from me for the future disposal and development
                           of my property and offers no compensation in view of this loss, nor any explanation for why such a change
                           should be necessary or desirable. I am shocked, dismayed and angry that such an amendment would be
                           proposed by Council without thorough and proper consultation with the property owners affected,
                           including discussion of Council’s compensation of property owners for what amounts to confiscation by
                           Council of the value of their property.
                           People have the right to do what they want in their own home, and other people or the state have no right
                           to interfere in people’s private lives. This extends to determining who lives in our home, who visits our
                           home and certainly who stays at our home. In the past we have occasionally let out our home but if in the
                           future we choose to live permanently that rightfully and properly should be our decision and no-one else’s.
                           Indeed a number of people whose homes are at the Retreat have already taken the decision to live there
                           permanently. These places are their homes and no-one else should have a right to determine much less
                           dictate otherwise.
                           The adoption of this amendment would place Retreat residents who live full time in their homes in
                           jeopardy, their permanency in peril. And indeed any other owners who like us are contemplating making
                           our place at 2/390 David Low Way our permanent home. Who lives, resides, stays or visits our home is
                           our business no-one else’s. Those who live permanently or are considering doing so should not under
                           any circumstances have to fear for their future security of tenure. The prospect of anyone who has bought
                           their home at the Retreat in good faith, in the belief that it is their property until they choose otherwise is
                           not to be undermined by the whim or caprice of others.
                           Every one owning a home at 390 David Low Way would be forced to relinquish their legal right to
                           permanent occupation - a legal right every owner currently enjoys. A move to change this would certainly
                           have many owners contemplating legal action to protect and preserve their present legal right.


2. Short-term accommodation
2.1. Support for short term accommodation amendments
 Your Say     ECM         Submitter comments                                                                                                 Response                                                                                             Recommendation
 Reference    reference
              23101126    PBCA supports amendments to the Noosa Plan 2020 that prioritise residents and protect residential                  Support for the proposed amendments around short-term accommodation is noted.                        That no change to proposed
                          amenity                                                                                                            The currency period is the time period within which actions must occur before the approval lapses.   amendments be made as a result
                                                                                                                                                                                                                                                  of this submission

                                                                                                                                               22
Table of Submissions made regarding Noosa Plan 2020 Proposed Amendment No. 2, 2024
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