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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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