Objection MCU18

It is irrefutable that there is a significant problem with management and operation of these
premises. A phenomena not exclusive to Noosa. The problem is industry/worldwide. Mere
statements of intent to well manage the property are unfortunately, in light of the track
record of the industry, less than persuasive.

Even if we are to give the applicants the benefit of the doubt that the property will be well
managed; the fact it is a duplex and the obvious transference of noise inherent in the design
of the duplex, makes it inherently unsuitable for STA usage. The overall detriment to the
adjoining unit and surrounding residents is unable to be sufficiently mitigated.

The positioning of the rear balconies above the pools make these units particularly
vulnerable to guests jumping from 2nd storey balconies into pools. This extremely reckless
and dangerous practice is unfortunately not unusual amongst STA users. The practice has
been regularly observed and documented by (usually neighbouring) residents. I am aware of
it. I assert Council is or should be aware of this practice. Individual residents and resident
groups have documented and publicised this practice on websites and by representation to
Short-stay Managers and Council. If Council was genuinely unaware of this practice - it is
now fully cognisant. I assert this practice takes place. Council is, in my view, obliged to
consider and assess this risk.

AO6.3 Buildings are designed and oriented so that the majority of outdoor living areas face
away from the habitable areas of adjoining dwellings.

It is clear the intent of this provision is to protect the privacy and amenity of adjoining
residents. Whilst it may be argued these units may technically conform to this provision by
orientation, it is clear that lived practice would not meet the intended outcome of this
provision - preservation of neighbours’ privacy and amenity. As previously noted the units
are mirror images. The outdoor entertainment and pool areas are thus adjacent - side by
side. Significant overlooking both between the units and from the rear balconies of the units
to neighbouring properties is noted. Of particular concern is the ability of occupants in 1
unit to observe the pool and outdoor recreation area (likely be used for activities like sun
baking) by the adjoining unit and the outdoor and pool areas of surrounding neighbours.
Residents would be rightly entitled to be concerned and sensitive about privacy when
assessing overlooking of pool and sun baking areas. The documentation also suggests
Council has quite properly expressed concern over this issue.

The applicants, in the first instance, seek to rely on screening vegetation currently existing in
adjoining sites. Council should not accept the existence of vegetation on a site over which
the applicants have no control as an effective mitigating factor. The second mitigation
offered is to offer to install zip screens. Zip screens would not only not mitigate over-
looking, they would facilitate it. Zip screens allow the occupant to look out unobserved
which raises the rather unpleasant prospect of occupants in one unit observing the
occupants of the other unit or adjoining properties, whilst not being visible to persons being
observed. Put simply, zip screens allow one to look out unhindered whilst those outside
cannot look in. They are intended as an aid to privacy from external observers - not internal
observers.


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