2021-10-12 P&E Agenda - Item 2 - Attachment 9 - Consolidated version of Subordinate Local Law No. 1 (Administration)

               Noosa Shire Council Subordinate Local Law No. 1 (Administration) 2015                             21


4   Additional criteria for the granting of approval
    (1)   For all approvals, the additional criteria are that –
             (a)   an adequate water source will be available to the proposed temporary home;
                   and
             (b)   there is adequate means of waste disposal and sanitation to ensure the
                   reasonable standards of health and hygiene can be maintained; and
             (c)   the temporary home can be suitably screened by means of landscaping, natural
                   vegetation or trees so as not to adversely affect the amenity of the area; and
             (d)   the temporary home conforms with one of the following structural criteria in
                   the circumstances described –
                   (i)      in the case of a tent – the maximum approval period will be for a term of
                            no more than 3 months; or
                   (ii)     in the case of a vehicle designed or modified as a place of residence – the
                            maximum approval period will be for a term of no more than 6 months;
                            or
                   (iii) in the case of a bus designed or modified as a place of residence – the
                         maximum approval period will be for a term of no more than 12 months;
                         or
                   (iv) in the case of a self-contained caravan or motorhome – the maximum
                        approval period will be for a term of no more than 18 months; or
                   (v)      in the case of a shed or class 10A building on the property – the shed or
                            building is not intended to be used permanently as a habitable building –
                            the maximum approval period will be for a term of no more than 24
                            months; or
                   (vi) in the case of any other proposed temporary home – the applicant can
                        demonstrate to the local government’s satisfaction that the health, safety
                        and aesthetic standards will not be adversely affected for the term of
                        approval applied for.
    (2)   For an approval relating to a residential caretaker, the additional criterion is that the
          owner is liable to demonstrate an ability and capacity to construct a permanent dwelling
          within the period of the building approval.
             Example -
                   The applicant has a contract with a registered builder and sufficient funds are available. However, this
                   criterion may not be satisfied if –
                   •      a genuine application has not been made for building approval of a proposed permanent residence;
                          or
                   •      the proposed erection of a permanent residence has been approved and there is less than 90 days
                          left in the period fixed for finishing the relevant building work.



    (3)   For an approval relating to a site caretaker –
             (a)   the applicant must be able to demonstrate that a temporary caretaker is required
                   to reduce the risk of theft, vandalism or damage to buildings and facilities on
                   the property; and