Original source · versioned page text
PM Submission - Alan & Karel Beech - MCU17/002.02
\
/ /
.J
(Xli /J//
\ « ^21
SUBMISSION OPPOSING SHORT TERM ACCOMMODATION IN RESIDENTIAL ZONING
1j
Proposed change to approval Iu>3
y> s.
Make a submission from 25 June -16 July 2021 ?- '
Change proposed. Inclusion of Short-term Accommodation use at the premises I-Vf ■
<9 Where 14 Ann Stroel. Noosaville OLD '
Q On
II
/-~A Lot 2 RP 69150
Existing approval
0 Material Change of Use for Mu III We Housing Type 2 Uupi®*
» For further information A submissions to > View the Application
' tioosa Cc .»»•» iTVi*it CixiUton.' Application mfonwit* MCUt7i0002 02
• m txn tA.'u • A cnpy o' Vp aojscpum tan P« otp-nmU Scm Nonw
«*iw-oriA5«%
This submission refers specifically to the applications at 14 Ann Street and 30-32 The Cockleshell,
Noosaville but should be read to include all applications of this type that attempt to subvert the designated
zoning such that Short Term Accommodation conflicts with the Residential Amenity expected in
Residentially Zoned locations.
Short Term Accommodation is the operation of a business in a residential location. It is a business that
detrimentally affects residential amenity for noise, lighting and parking and these negatives can occur 24
hours a day, 7 days a week. No other business can be so disturbing. Businesses in industrial areas (car
services including panel beaters, glaziers, metal fabrication, cabinet makers etc) operate only during
daylight hours and mostly 5 days a week.
Any claim to be providing a service is spurious. This STA push is driven solely by greed. The owner or
in this case the developer sees a greater financial return from offering STA. The operating model is to
appoint an agent who has no control or influence of the bookings that are made using an anonymous online
app. The agent organises cleaners and tradespersons. handles the monies and remits to the non-resident
owner net proceeds of the rentals. There is no consideration given to the neighbours' amenity.
Another consequence of the STA is that it limits the number of properties available for long term rentals.
Hospitality is finding workers hard to find and this has been attributed to the lack of affordable rental
accommodation. ST As only increase this shortage.
r
Box: sl
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
Large file: the download may take up to a minute.
Searchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 12 pages
Page 2
S'
and two SUVs. This truck parked on the street occupying 3 car spaces and one of the SUVs also street
parked because 2/22 Elizabeth Street has one only on-site carpark but bed-sleeping for nine persons.
We urge Council to reject these attempts to subvert the established zoning system and restrict Short Term
Accommodation to those areas currently designated for that use by the Noosa Plan 2020.
Alan Beech Karel Beech
20 Elizabeth Street, Noosaville, Qld 4566
07 54740 827 0428 740 827
12/07/2021
Page 3
Submission: Noosa Short Term Accommodation in a Residential Locality In this submission we will present evidence to support the case that Short Term Holiday Accommodation in a Residential area is not compatible with maintaining residential amenity. This submission relies on personal experience. We have lived at 20 Elizabeth Street for 27 years. The adjoining Duplex Unit at 2/22 Elizabeth Street has been used as a "Holiday Rental" since purchased in November 2019 by a Melbourne based owner and is managed by Noosa Holiday Rentals. The "Holiday Duplex" can be seen on their website: noosaholidayrentals.com.au The area is dominantly residential and occupied by Permanent Residents. The holiday accommodation at Regatta and Colonial Resorts has on-site managers, faces toward Gympie Terrace and is buffered from adjoining residents of Elizabeth Street by buildings and carparking area. We have never been disturbed by them. Some of the Units in these Resorts are Holiday let though many are occupied by Permanent Resident Owners who provide additional vetting of rentals. The outside dining area and pool of Unit 2/22 Elizabeth is located between 2 and 4 m from our bedroom. Picture 1: Aerial View History The Duplex was built in about 2008. The Units were mirror-images of each other except that Unit 1 had a double lock-up garage and Unit 2 had a single lock-up garage and adjoining carport. They were initially owner occupied. Unit 1 has been leased to a quiet couple and their daughter now aged eight since July 2017. Unit 2 has for the last few years been owned and used by Victorian based owners as their private family holiday house with occupancy of a few weeks per year. The units were designed for four or less people. When initially built they had 3 bedrooms, 2 bathrooms, office and 2 carparks. Unit 1 remains as built. See Picture 2: Unit 1 description, original layout Unit 2 has been extensively altered to maximise bed numbers. It is advertised as "Sleeps Nine (9) in four (4) bedrooms". There are now three (3) bathrooms and the carport has been enclosed and is designated as a store-room. That leaves one (1) car-space. If a second car parks in the driveway it blocks the garage. See Picture 3: Floorplan Unit 2 as built 2010, and Picture 4: Floorplan Unit 2, 2021. Attachment 1 is the advertising spiel from Noosa Holiday Rentals. There is a Note toward the bottom of the page that says "Weddings, parties, functions or schoolies are not permitted", nor is smoking permitted anywhere in this property including the balcony or the pool area". Our eastern windows overlook the "private north facing salt water pool" area and we have heard and seen parties and schoolies and observed and smelled smoking on the balcony, pool and dining area. We have also heard the cacophony of eleven occupants, 6 adults and 5 children. They came in three vehicles, one parked in the driveway, the other two parked in the street. The office hours of Noosa Holiday Rentals are 08:30 am to 5:00 pm. It is clear that vetting of type and number of occupants is not possible when the bookings are made on-line and no physical checks are made. I rang Noosa Holiday Rentals during the day on 30 April 2021 and after answering recorded questions by keypad, I spoke with a lady located in Byron Bay who connected me to Jemma in Noosa. I told Jemma about the 11 occupants and ruckus they were creating. She said there couldn't be eleven because they
Page 4
only had authorised eight (8) but they are allowed visitors. Jemma did contact the Unit and 3
occupants left and the noise lessened.
Between May 14 and May 18, 2021 a revolving group of party holiday renters occupied 2/22
Elizabeth Street; we observed 5 women, 3 men and one child coming and going at various times,
partying, smoking and leaving lights on all night. On the night of Sunday 16 May, the male and
female occupants were particularly loud, partying until we intervened at 00:35 hours on 17 May. We
went to the Unit and repeatedly pushed the buzzer, there was no response because of their party
noise. Finding the door open we entered and told them to shut it down. A recording of their party
noise is included in the digital copy of this submission.
On legal advice we have started to log occupancy and behaviour and will collect evidence as
required.
Expectations of Holiday Makers and Permanent Residents
Permanent Residents expect their neighbours to respect their amenity. In our case we are a quietly
living family, usually in bed by 9:30 pm. Our five neighbours on the western side are the same, one
is a Baker who sleeps between 06:00 pm and 02:00 am and we and other neighbours respect his
need for quiet during this time. The residents to the east in Unit 1 are similarly quiet living,
especially so as their daughter attends primary school and he leaves for work at 06:30 am; they are
not noisy and do not stay up late.
Holiday Makers have an expectation of change from their normal lives. They leave their inhibitions
at home. Our amenity has been and continues to be negatively affected. We can't sleep until the
holiday tribe stop their nightly conversation, often alcohol fuelled. People on holiday are known to
stay up late, partying and drinking and getting loud.
It seems that because they do not pay for electricity, they leave the gulag inspired lights on,
sometimes all night, necessitating that we use block-out sleep masks. We dread what the next
Holiday Renters will be like and it is detrimental to our health, both physical and mental. We are not
alone. See Attachment 2: Letters to Editor, Noosa Today, 14 May 2021.
1. Noise
Hyperactive children, encouraged by their guardians and sugar run amok. I can't count how
many times I've heard "Mum, Dad, Grandma, look at me" as they splash and frolic in the pool,
voices at maximum volume. Boys use the pool-noodles as hammers, bashing the water and each
other until fights break-out and then the parents attempt control with loud voices. Girls tend to
emit high pitched squeals. When bored with the pool the pathway from the garage to the entry
becomes the place to kick a soccer ball, the noise resonating like doof doof music.
The alfresco area is often used for meals and entertaining. The bi-fold doors can be opened
giving a bigger space. Unfortunately for Permanent Residents this creates an even more
effective sound shell. Refer to Picture 5: Outside Dining. The whole of this space is bounded by
hard surfaces, concrete walls, tiled floors, the pool water and glass which all act to amplify and
direct the noise outwards. There are no acoustic dampeners at all, the area is barren.
Page 5
This is the space where adults congregate especially in the evening to night, partying, conversing
loudly with the noise level increasing as the time progresses. Loud, raucous, cackling, laughing,
arguing, fighting, we get it all. Picture 5: Outside dining and pool area. Our neighbours from as
far away as 300 m they have commented on the noise, thinking it was us.
2. Lighting
There are three (3) spotlights along the wall separating the units plus another three (3) in the
alfresco area, all are bright white, high intensity and they are directed at us. There is also a blue-
light insect zapper. Often some or all these outside lights (and inside lights) are left on all night
requiring that we use block-out wraps to sleep. Picture 6: Pool with 3 spotlights at night.
3. Parking
There is only one on-site car park, either the garage or the paved area. Generally the garage is
not used, at 2.3 m wide only one side of the vehicle can open its doors. It tends to be used for
watercraft and scooter/bicycle temporary storage. One vehicle uses the driveway and all others
use the roadway. Boats and jet-skis with trailers are common and use the street. Any visitors
also use the street for parking.
Summary and Recommendation
2/22 Elizabeth Street should not be allowed to operate a Short Stay Operation Business in a
Residential locality. To be clear, this is a business, it seeks to exploit weakness in the Noosa Council
Plan and Zoning Rules and be operated as a Holiday Let Business all year. Council would not approve
of any other type of business operating in this residential location. Even a panel-beater would be
less disturbing. They would operate 5 days a week and only during the day. This Holiday Rental
Business aims for full 365 day/year, 24 hour per day operation in a Residential Zone, negatively
affecting the amenity of Permanent Residents.
2/22 Elizabeth Street was initially constructed and approved as a Residential Property of three (3)
bedrooms, two (2) bathrooms, two (2) car-space, with expected occupancy of four (4) or less. Since
construction it has morphed into a Holiday Rental with four (4) bedrooms, three (3) bathrooms and
one (1) carpark and occupancy rate of nine (9) though we have observed occupancy of eleven (11).
By design the property is unable to contain Noise and Light emissions, rather it's construction with
hard surfaces and no acoustic or light buffering to its neighbours acts to maximise the negative
impacts.
The rental agents Noosa Holiday Rentals are incapable of vetting the number or type of renters, their
mission is to maximise bookings for their and the owners' financial gain. Refer to their website for
future bookings. Bookings are made on-line through a Byron Bay based entity and no physical
checks are made. Out of hours contact is not provided, the owners reside in Victoria.
This Short Term Holiday Rental in a Residential Zone is not permitted and is detrimental to the
amenity rightfully expected by residents under the Noosa Plan and Zoning Rules and its operation
must cease.
Alan Beech Karel Beech 21st May 2021
Page 6
Attachment 1.
REFINED RIVERSIDE DUPLEX
Looking for a refined riverside living for your next Noosa holiday?
The Location - just 100 metres from the Noosa River foreshore, this immaculate holiday duplex is within easy walking distance to the restaurants
and boutique shops that Gympie Terrace is famous for.
In booking this great property, you will experience complete privacy from the street and you will feel relaxed within your own private sanctuary.
Or you can step outside and be part of the activity and energy of the vibrant riverside cafe strip that Gympie Tee and the Noosa River foreshore
are famous for.
The Unit - When you arrive you will find this property features a lasting classic Noosa style, with white floor tiles, beach style outdoor furnishings
and everything you need to relax and enjoy your Noosa holiday. Ideally designed to make the most of its northerly aspect, the pool and living
area are bathed in sunlight whilst cooling breezes deliver natural airflow throughout.
The unit has 4 Bedrooms and 3 bathrooms plus powder room. Upstairs is the Master suite that features a King bed, with private balcony, 2 walk
in robes, and ensuite featuring a corner spa bath and double bowl vanity. Downstairs bedroom features a Queen bed and ensuite with shower
and vanity and separate powder room adjacent. This is also fully fenced and secure including CrimSafe screens throughout on the lower level.
Sleeps 9 (but ideally 6 adults and 3 children).
Second and third bedrooms are also upstairs with the second bedroom featuring 2 King single beds joined as a King bed (these can be
separated to make 2 King Single beds but if required MUST be requested at time of booking) whilst the third bedroom features a bunk with a
double on the bottom and a single on the top (ideal for the kids!!). There are also built-in robes.
Plus a family bathroom is located upstairs with shower, vanity and toilet (sorry, no full bath in this bathroom).
Chefs kitchen is equipped with Smeg 6 burner gas cooktop, electric underbench oven, Samsung dishwasher, Smeg microwave, large capacity
F&P stainless steel fridge freezer, Delonghi Nespresso pod coffee machine; don't forget to bring your favourite pods!, plus a walk in pantry.
Dining area features a large timber dining table with seating for 6 plus 3 bar stools at the kitchen bar
Fully equipped laundry with top loading Inverter Direct Drive 5.5kg washing machine and electric drier (located in the garage) PLUS outside
clothes line.
Fully air conditioned with split system units throughout plus ceiling fans in all rooms except the bedroom with the bunk bed (fan disconnected
here for safety reasons).
Private north facing saltwater pool with solar heating (Note; temperature of the water is never guaranteed as the temperature will be dependent
on the sun). Pool area features a large sun umbrella and 2 sun lounges.
Through the bi-fold doors and adjacent to the pool is the al fresco dining area featuring a dining table and chairs for 8 people plus a WEBER
BBQ.
Entertainment includes a large Samsung wall mounted smart TV in the living area plus TVs in all 4 bedrooms, plus Free wifi
Secure garaging for ONE car only and driveway parking for one car are available.
Linen, bath towels and bed makes are supplied upon arrival.
Note:
This property is not pet friendly.
Weddings, parties, functions or schoolies are not permitted
Smoking is not permitted anywhere in this property, including on the balcony or the pool area
Duplex Features
Air Con Internet Kitchen
V
Pool
Q ^ &
Washer / Dryer Non-Smoking No Pets
Rooms
Four Bedroom, Three Bathroom Duplex. Accommodates:9 (Bedroom One: A King Bed; Bedroom Two: A Queen Bed; Bedroom Three: Two King
Single Beds - can be joined into King Bed; Bedroom Four: Tri Bunk, which is a Double Bed on the bottom & a Single Bed on top).
Page 7
Attachment 2:
Noosa Today 14 May 2021
STA Submissions according to the number of bedrooms in
the dwelling. Permits for STAs have already
Although until now residents’ submissions been granted to many houses in residential
have not been able to be received, there have areas. Neighbours need to be able to register
been robust discussions of this issue on social noise complaints that have involved police
media, with a lot of testimonials from people- call-outs with council, and tines be issued
living in close proximity to 'party houses'.ln to owners if it is found that the dwelling has
determining a council policy on Short Term breached acceptable standards. Should any
Accommodation the following points need to one residence have three such complaints
be considered: registered, then the council should have the
1. Should whole houses be allowed to be STA S? right to withdraw the owners STA permit.
Residents living next to houses that are rent Joy Ringrose,
ed out to visitors have found that: Pomona
■ Often excessive numbers use the house, for
accomodation and partying.
• Unacceptable noise levels, until late hours, is
a frequent occurrence.
■ Policing is often inadequate.
« l arge numbers of vehicles are frequently
parked in the street.
■ Community depends on neighbours sup
porting each other. Party houses undermine STA Confusion
this by removing proximity of neighbours. In the article'STA Deadline Extended' (NT 7/5),
■ If owners are not on site, they cannot moni when it comes to short term accommodation,
tor ST tenant behaviour. its seems that some lobby groups and even a
2. As Byron Bay AND Noosa have found: councillor are confused about the differing
■ STA’s make local rental accomodation too roles of the Noosa Plan and the proposed Lo
expensive for low paid workers. cal Law currently under consideration.
■ Businesses suffer staff shortages because T he Noosa Plan prescribes how properties
people cannot afford to live locally. arc allowed to be used. After much discus
■ Housing costs become out of each for first sion, consultation, consternation and debate,
home buyers. Noosa Council (in spite of my then objections)
decided to define ongoing short term letting of
» The character of the community becomes entire houses as 'inconsistent' and 'impact as
more transient, with these houses empty in sessable' in most low- density residential zones.
the low season, and occupied by high turn That means that although house owners can
over in the high season. theoretically make the required development
3. When a room in a residential house is rented applications and pay the hefty fees, their re
out, the Party House problems do not arise, quests are unlikely to be approved.For units
as the owner is present to monitor behav- in medium and high density zones, ongoing
iour.Conclusion: It is preferable to not have short term letting has been defined in the
whole houses rented out as STA. STAs should Noosa Plan as 'consistent' and 'impact assess-
be limited to: units where there is an onsite able', which also means the requisite applica
manager; individual rooms in houses where tions, fees and public notifications are a must.
the occupants are present for the duration of No shortcuts and no easy task.
the stay-; granny flats where the owners are So the worst-case-scenario concerns re
present on site during the stay. There should ported in the article - that neighbourhoods
be a strict limit placed on the number of will be overrun with short term letting of hous
people permitted to stay in any one STA, es and units - has already been firmly averted
by Council through the new Noosa Plan which
has only just been finalised and is not current
ly under review.
The purpose of the Local Law is simply to
put in place protocols and rules to manage the
potential noise, rubbish, parking and other is
sues that may arise in a minority of cases. Sen
sible.
Ingrid lackson,
Noosaville Former Noosa councillor
Page 8
Picture 1: Aerial view of unit 2/22 and 20 Elizabeth St. Pink line shows proximity of pool and entertaining area of 2/22 to the main bedroom of 20 Elizabeth St residence, of between 2-4 metres.
Page 9
Picture 2:
Unit 1/22 as built, 3 bed, 2 bath and 2 car.
1/22 Elizabeth Street, Noosaville QLD 4566
$750
3 Bed 2 Bath 2 Car
House • Leased on Wed 12 Jul, 2017
House
description
"Noosaville Hot Spot”
Fantastic duplex townhouse in the heart of Noosaville. Only one
street back from Noosa River and central to local restaurants,
shopping centre and all that Noosa has to offer.
Great floor plan spread over two levels and lots of space for everyone.
This property features:
* 3 bedrooms
* 2 bathrooms main with bath
* Study or office
* Large open plan living dining and kitchen area
* Large central kitchen with lots of storage
* Fully fenced property
* Solar electricity
* Double lock up garage
* Pets on application
Page 10
to
Tl TJ ro
to
O O Balcony m
O c mmmm »
N
O)
"9- CD D*
CD
CD
=3 CO
C/5
N)
O r Stairs down K IT M o
o
alcony
fTsrn ' n
' siL-'’
o
cn
Bed Bed 2 r¥ Bed 3
QJ
<
!
Entry p6:\ j CD
— Pool
Garage 1
1 i J I
Garage 2 c Stairs up | |
' k:
'
Drying
Courtyard Terrace Living
Dining Kitchen Family Terrace
Carport
Pool
jEntry Garden Terrace
Page 11
T|
O
O
TD
£D
ZD
ho
i o
CQ ro N)
—I IO
o *
cz • IO
=3 m I m
Q.
=t!
i
n"
O O)
o cr
<t>
O)
o
o
co V)
0>
Z±! <
o
o CD
[OCR of page images]
Picture 4:
Floorplan:2021
2/22 Elizabeth St, Noosaville
7.0X3.0m
ground floor
O22 38
metres
= 184m? DISCLAIMER : While every endeavour has been made to verify the correct details in this illustration neither the
agent, vendor nor the contracted illustrators/typesetters accept liability for any error or omission.
= 146m? Information intended to be relied upon should be independently verified.
Be advised that any measurements are made approx from the widest point to that area.
TOTAL = 330m?
ulc balcony
4.0X3.0m
bed
Ll
| 40X4.0m be
ee:
ie :;
spa
bed dn
3.5X 3.0m
ea ey
bed ys
3.5X3.0m | bath
N
A
first floor
weewpflogrplansplus.comau
4
k ms
4
Frconrsans rus]
+
"mM 0404 430 300
[email protected]
Page 12
Picture 5:
Outside dining and pool area
Note: hard surfaces, no acoustic or light
buffering to neighbours bedroom.
Bedroom
Page 13
E
Q_
O
05
05
0
<
O
O
CL
"O
05
05
. . C
CD
O)
0
■ mmmm
U)
[OCR of page images]
cod
Kanan
wdo| 1e eouy [00g puke pyeAynoy ul Bunybrq
(9 QIN