Decision Notice - Council Meeting Decision MCU20 0119

Officer: 	Tara Norley
Direct Telephone: 	07 53296486
Our Reference:	MCU20/0119
Your Reference:	02791
24 March 2021
TM Townsend & JL Townsend
C/- Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 18 March 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU20/0119
Street address:	1/20 Nannygai Street, Noosaville Qld 4566
Real property description:	Lot 1 on SP297618
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use - Short Term Accommodation
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
18010 03 of 14	DA-02	Proposed Site Plan, prepared by Mercury Design	12.03.2018
18010 04 of 14	V2	Ground Floor Plan, prepared by Mercury Design	02.02.2021
18010 05 of 14	DA-02	First Floor Plan, prepared by Mercury Design	12.03.2018
18010 07 of 14	DA-02	Elevations (west), prepared by Mercury Design	12.03.2018
18010 08 of 14	DA-02	Elevations (east), prepared by Mercury Design	12.03.2018
18010 09 of 14	DA-02	Elevations (north and south), prepared by Mercury Design	12.03.2018
18010 10 of 14	DA-02	Sections, prepared by Mercury Design	12.03.2018
Currency
This development approval lapses if the use has not happened by 18 March 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The total number of bedrooms on the site must not exceed 4.
No more than 8 guests may occupy the premises at any time.
All outdoor areas, including balconies, decks, and the like, must not be used after 9pm each night and the pool area not to be used after 8pm each night.
The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
Built Form
The existing media room on the Ground Floor must be converted back to ‘bike parking’ only, as per approved plan Ground Floor Plan, prepared by Mercury Design (18010 - 04 of 14 – V2) dated 2 February 2021.
Amenity
The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short-term accommodation.
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Waste containers must:
At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container.
Contact Person
Prior to the commencement of the use written confirmation must be provided to Council confirming:
the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and
that the contact person is available 24 hours a day, 7 days a week; and
that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and
that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries.
A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times.
Code of Conduct
A code of conduct must be developed and provided to all users and occupants of the short-term accommodation, including any website or social media used to promote the use of the premises for short-term accommodation.
The code of conduct must advise all users of the premises:
That the use of the premises must not:
detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or
cause a nuisance (including a noise nuisance);
display unacceptable behavior including:
loud aggressive behaviour;
yelling, screaming, arguing; or
excessively loud cheering, clapping and singing.
create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise).
That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility.
That each vehicle used by an user of the premises must:
be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and
be parked within the parking facilities at the premises where provided.
That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container.
That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance).
The nature and extent of the approved use as detailed in conditions numbers 4 to 7 of this development approval.
The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests.
Complaints Management
The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time.
The contact person must respond to all complaints within 30 minutes of notification of a complaint.
The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following:
on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis:
the number of adults who are users of the premises; and
the number of minors, an individual who is under 18, who are users of the premises.
the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended.
The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of:
the written record of complaints referred to in condition 18; and
the register referred to in condition 20.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the window located on the upper level northern building face must either:
be fitted with translucent glazing; or
be fitted with a fixed external screen.
The ‘Alfresco’ balcony located to the rear of the Ground Floor must include fixed external screens on the northern side of the balcony, positioned in such a way to obscure direct views into the windows or private open space areas of adjoining properties to the west.
referral agencies
Not Applicable
advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
It is the responsibility of the owner and the identified contact person to operate the short term accommodation in compliance with the development approval conditions at all times. Should the development approval conditions not be met Council may issue an Infringement and/or take action under the Planning Act 2016 to enforce compliance.
Council is currently in the process of creating a new Local Law to assist in managing short term accommodation in the Shire. In this regard, an approval may be required under a Local Law for the continued use of short term accommodation in the future.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
variation approval details
Not applicable.
further development permits required
Not Applicable
submissions
There were 6 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
rights of appeal
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	List of Submitters
Appeal Rights
Approved Plans/Documents

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Colin & Linsey Ward	2/20 Nannygai St Noosaville 4566 [email protected]
Kevin & Merrin Hogan	18 Nannygai St Noosaville 4566 [email protected]
Melanie Avery	3 Anchor St Noosaville 4566 [email protected]
Geoff Pratt	1 Anchor St Noosaville 4566 [email protected]
Glenn Brooks	2/221 Weyba Rd Noosaville 4566 [email protected]
Paul Martin	1/19 Nannygai St Noosaville 4566 [email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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