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

 Your Say    ECM         Submitter comments                                                                                                Response                                                                                                       Recommendation
 Reference   reference
                         PBCA is strongly supportive of the range of proposed amendments that restrict the further spread of               Approvals generally specify the currency period. The currency period for material change of use under
                         Short-Term Accommodation (STAs) in residential and rural areas. We have concerns, however, regarding              the Planning Act 2016 is 6 years for the first change of use to start, although a different period can be
                         Council’s ability to police these measures. The community is largely in the dark concerning detailed data         applied in an approval if reasonable / justifiable.
                         on the number of STAs approved and how many have prior approval but are yet to be registered.                     Before a development application lapses, the proponent may apply to extend a currency period of a
                         Apart from a few isolated pockets, most of Peregian Beach and Marcus Beach is currently zoned Low                 development approval. Council re-evaluates such applications based on current day considerations.
                         Density Residential. PBCA is supportive of the objective that this zone provides housing for permanent
                         residents, in a low rise and low-density format so that there will be little impact from visitors.
                         Supports the proposed amendments to the Overall Outcomes for the MDR & HDR zones that reinforces
                         it’s for multiple dwellings for local residents, rather than visitors, and limiting STA to four times / 60 days
                         per calendar year, within the resident’s principal place of residence.
                         PBCA is supportive of the concept that visitor accommodation should be restricted, wherever possible, to
                         the Tourist Accommodation zone. Residential areas should exclusively be for residents - not visitors.
                         Noosa currently appears to regularly grant DA’s with a six year currency period to commence and a further
                         two years to complete. This can allow developers to argue for approval on the basis of need and then sit
                         on the approval without acting for several years. It can also result in some of the conditions becoming
                         outdated by the time they are implemented. Implement the requirements of the Planning Act differently
                         Under s85 of the Planning Act the period stated for the approval should be two years to commence two
                         years to complete (S 65 2d) especially where “need” is cited. Under s 86 Noosa Council has a “form” for
                         Extension to Currency Period applications but it should specifically require justification for the delay
                         (especially where “need” was cited) and, to assist the Assessment Manager, should specify how the
                         conditions could be updated to meet the current requirements.
             23076589    NPA supports all efforts to make Noosa Shire a place where resident amenity takes precedence.                     Support for the proposed amendments around short-term accommodation is noted.                                  That no change to proposed
                         We support all efforts by council to prevent further STA premises across residential areas, noting that           It is noted that some residents have lived with the impact of neighbouring short term letting for some time.   amendments be made as a result
                         STAs have an impact on resident amenity, sense of community, and also the availability of homes for               The introduction of the Short Stay Letting and Home Hosted Accommodation local law in 2022 seeks to            of these submissions
                         residents, particularly long-term rental stock for key workers.                                                   ensure that short term accommodation is lawful and that their operation not impact on residential amenity,
                         We support wording in the Planning Scheme that reinforces the stipulation that secondary dwellings are            with a code of conduct for guest behaviour and 24 complaints hotline.
                         not to be short-term let.                                                                                         The Short Stay local laws team consists of a co-ordinator, 3 x assessment and compliance officers and
                         Request that Council further investigate grey areas of existing use rights fr pre-2006 units that may not         an administration officer. The team are dedicated to the implementation of the local law and protecting
                         have been used for STA since that time.                                                                           our community’s residential amenity, this has included proactive compliance audits in relation to properties
                                                                                                                                           operating without an approval, signage, and compliance with conditions. Proactive compliance will be an
                         Urge Noosa Council to better resource its local law department so that the monitoring and controlling of          on-going priority of the team.
                         STAs meets resident expectations.
                                                                                                                                           The proposed amendments are not retrospective, and therefore can only restrict future short term
                         Support that in Rural Zones STAs can only occur where owners are in residence however would like                  accommodation. It is noted this is a long term solution, but will ensure that future development in
                         assurance that developments for up to 24 guests will remain impact assessable. Our concern is with large          residential zone will be for permanent residents only.
                         numbers of people occupying rural lots, particularly where this may lead to impacts on neighbours,
                         detriment to the environment and impacts on public infrastructure such as roads. Whilst appreciating that         The Planning Act protects existing use rights, and a local government cannot remove these rights.
                         council wishes to foster rural enterprises that encourage tourists away from the coast and into the               Further, the Planning Act allows applications to be made under the superseded planning scheme, after
                         hinterland, we would like council to consider how it may assess such developments.                                any change to the planning scheme is made. It does not follow however that this will result in approval of
                                                                                                                                           the use if it was already subject to impact assessment.
                         NPA supports the allowance of STAs in the Tourist Accommodation Zone and support the rezoning of
                         existing resorts into this zone.                                                                                  Council’s position on existing use rights pre 2006 and pre 2020 has been published in the Short-Term
                                                                                                                                           Accommodation Guide, available online for some time. Completion and publication of this guide met a
                         Support efforts to move some existing land zones currently identified as Tourism Accommodation (e.g.              condition of the Minister who approved the Noosa Plan 2020. Should proposed amendments proceed
                         behind Gympie Terrace) into the Residential Zone. NPA supports this move to consolidate housing for               and be adopted this guide will be updated.
                         residents and better define areas where tourist activities including STAs are acceptable.
                                                                                                                                           Since 2006 clear distinction between visitor accommodation residential units have meant units approved
             23087018    Support restriction on the letting of homes for tourists in the residential zones only operate 4 times per        after 2006 cannot be used for short term accommodation unless development approval was specifically
                         year or 60 days in total per year, restricting non-hosted, full-time STAs whilst allowing homeowners to let       given. The proposed amendments do not support the use of dwellings in centre zones or medium and
                         their principal place of residence when they go away on holiday.                                                  high density residential zones for short term accommodation.
                         However, given no aspects of the scheme can impact on the existing use rights of properties that are              Statements that secondary dwellings contribute to housing choice for permanent residents and are not let
                         being let on the STA market prior to the scheme’s adoption, the above restrictions on letting of properties       to short term guests is clear.
                         in the residential zones do not impact on the thousands of properties that can demonstrate they were              As with any element of development, Council needs to be aware it is occurring before compliance action
                         being let prior to 2020. I request that Council further investigate existing rights to check if legal advice      can be taken and then, compliance action must follow due process.
                         received by Council is still valid given varying treatment by other local government areas.
                                                                                                                                           Council has a differential rating system and owners of transitory accommodation pay more that what
                         I fully support the registration system and local laws concerning STAs in Noosa. However, Council has             permanent residential properties pay.
                         been slow in policing and implementing those local laws. I urge Noosa Council to better resource its local
                         law department so that the monitoring and controlling of STAs meets resident expectations. I support              Global trends in short-term accommodation are observed with interest however Noosa Council ultimately
                         Council's use of data scraping services to identify unregistered properties which are being illegally short       operates within the planning legislation applying to Queensland.
                         term let.                                                                                                         Noosa Plan 2020 already made the use of short-term accommodation inconsistent in the Low Density
                         I support the proposed planning amendments that will see more land leaving the Tourism Accommodation              Residential Zone. The proposed amendments seek to make short term accommodation inconsistent in
                         Zone than being newly incorporated into that zone. This move will consolidate housing for residents and           the Medium and High Density Residential Zones. In the rural and rural residential zones, short term
                         better define areas where tourist activities including STAs are acceptable.                                       accommodation can only occur where the resident remains on site in the form of cabins and the like and
                                                                                                                                           does not take up the main permanent residential dwelling.
 5773225     23124789    I support Amendment No 2 to the Noosa Plan to restrict short term letting in residential areas.                   There are many self-contained dwellings in Noosa Shire which are not being used for the permanent
                                                                                                                                           housing. Likewise, there are many which are used for housing but which are underoccupied. Both these
                         A more considered approach would be applying deterrents to STAs through differential rates, bed taxes             elements are contributing to the local housing shortage.
                         and inspection fees to recoup some of the existing housing stock, balanced with less extreme regulation
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Table of Submissions made regarding Noosa Plan 2020 Proposed Amendment No. 2, 2024