2023-01-16 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                16 JANUARY 2023


3.   SSL22/1856 - PLANNING & ENVIRONMENT COURT APPEAL NO D174 OF 2022 –
     APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
     SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 52 DUNCANS LANE,
     NOOSA NORTH SHORE

Author            Acting Manager Development Assessment Patrick Murphy
                  Environment & Sustainable Development Department

Index             ECM/ Application/ SSL22/1856/ Case/ Laetitia Baker

Attachments       Nil


EXECUTIVE SUMMARY
Not Applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General Committee
Meeting dated 16 January 2023 regarding Planning & Environment Court Appeal D174 of 2022
and agree to defend the appeal.

REPORT
On 16 November 2022 Council officers under delegation issued an Approval Notice for Short Stay
Letting of a dwelling at 52 Duncans Lane, Noosaville subject to the standard conditions contained
in Council’s Local Law.
Council officers subsequently identified an error in this approval, due to the building approval
lapsing, and phoned and emailed the applicant on 22 November 2022 and 25 November 2022 to
discuss and advise. A Refusal Notice was later issued on 25 November 2022 based on the
following reasons:
1.   A review of Council’s development approval records has failed to identify any building
     approval to verify the approved use of the building as submitted in this Short Stay Letting
     application. The use of the property for short term accommodation therefore did not lawfully
     commence prior to the commencement of the Noosa Plan 2020 on 31 July 2020.
2.   The property does not meet the requirements of Schedule 21A – Operation of short stay
     letting or home hosted accommodation – section 4(b) of Subordinate Local Law No. 1
     (Administration) 2015 which requires that the short stay letting be lawfully conducted on the
     premises (i.e. is authorised by either a development approval, accepted development
     requirements in Noosa Plan 2020 or by lawful existing use rights).
The applicant has subsequently lodged an appeal to the Planning & Environment Court against
the conditions in the Approval Notice submitting that the conditions should be deleted as:
    The property has use rights for short stay letting having been let for the past 7 years.
    The conditions, while consistent with the conditions ordinarily imposed on an approval under
     the Local Law, they are not reasonably necessary to ensure the operation and management
     of the short stay letting activity will be adequate to protect public health, safety and amenity
     and prevent environment harm.
    There is no automatic requirement for conditions to be imposed on approval, as an approval
     can be granted unconditionally.
    The application assessment has not identified any potential impacts of the premises for short
     stay letting and therefore where no concerns are identified, the conditions should not be

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