2023-01-16 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                16 JANUARY 2023




Given the above reasons, it is requested that the Condition be revised to allow the outdoor area to
be utilised until 10:00pm by the short-term accommodation guests.
Furthermore, to restrict the use of the outdoor areas when the dwelling is being utilised by the
property owners is unreasonable. As such, it is recommended that the Condition be revised to
allow the owners of the property to enjoy their property without limitation.
It is proposed that Condition 6 of the Decision Notice is amended to read as:
6.   All outdoor areas, including balconies, decks, pool and the like, must not be used by those
     persons using the property for Short-Term Accommodation after 10pm each night.
Assessment of Representation
The applicant’s representation is not supported due to the proximity of the pool and outdoor areas
to the neighbouring properties. The outdoor pool area is located approximately 5 metres from the
side property boundary and 35 metres from the neighbouring dwelling. The use of outdoor areas
at night has the potential to impact on the amenity of neighbouring properties and as such it is
considered reasonable to restrict the use of outdoor areas to 9pm each night.
The example provided by the applicant (MCU22/0006) relates to land within the Rural Zone and
provides for at least 150 metre separation between the subject dwelling and neighbouring
dwellings.
The condition only applies to the use of the property for short term accommodation and not as a
private residence.


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