Short Stay Letting Approval Notice SSL22 0222 · SSL22/0222

Department: 	Short Stay Letting
Direct Telephone: 	5329 6429
Our Reference:		SSL22/0222
11 March 2022
GM Scudamore-Smith
PO Box 2126
NEW FARM  QLD  4005

Dear Sir / Madam,
Approval Notice
Subordinate Local Law No. 1 (Administration) 2015–Schedule 21A- Short Stay Letting or
Home Hosted Accommodation
I refer to your application for a Short Stay Letting - Dwelling House and advise that on 11 March 2022, Council decided to approve the application, subject to conditions.
Details of the approval are as follows:
Approval No:	SSL22/0222
Property Address:	22 Cooran Ct NOOSA HEADS  QLD  4567, situated at Lot 227 N 21857
Approval Type:	Short Stay Letting - Dwelling House
Lawfully Authorised by:	Limited Existing Use Rights The property has existing use rights for short term accommodation in accordance with the scale and intensity of its historical use. Therefore, the premises may continue to be used for short term accommodation, providing such use continues to operate generally at the scale and intensity of the historical use of the premises, including the number of bookings in any one calendar year and number of guests accommodated on site 9. In respect of the scale and intensity of the historical use, the following is noted from the information provided in support of your request: 2016 – 21 bookings 2017 –  23 bookings 2018 – 16 bookings 2019 – 16 bookings 2020 – 1 bookings prior to Noosa Plan 2020 commencing on 31 July 2020 Should the use of the dwelling for short term accommodation cease and be abandoned or the scale and intensity of the use materially change, then the existing use rights may also cease and a development approval would be required from Council for the new use to be considered lawful.
Contact Person Details:	Name: Jemma Morden	Name: Complex Security
	Business Hours No. 0413 198 100	After Hours No. 0400 187 325
Number of bedrooms in use	4
Number of persons	9
Conditions of approval
The approval is conditional on the following conditions being met at all times and only valid for the owner of the property at the time the application was made and is not transferrable to subsequent owners of the property.
residential amenity
1.1	The operation of the short stay letting must not detrimentally affect the residential amenity (including but not limited to noise, overlooking or light spill) enjoyed by residents adjoining, or in the vicinity of, the premises.
1.2	The operation of the short stay letting at the premises must not constitute a nuisance (including a noise nuisance).
1.3	Adequate provision must be made at the premises for occupants to enter and leave the premises without causing disturbance to adjoining residents.
VEHICLE MANAGEMENT
2.	Adequate provision must be made for the parking of vehicles, including boats, trailers, jet skis and the like, on the premises including a vehicle used by a person occupying the premises, and all vehicles 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.
cAMPING OR CARAVANNING ONSITE
3.	The operation of short stay letting must not make provision for any occupant of the premises to sleep or camp on the premises in a tent, caravan, campervan or similar facility.
Public liability insurance
4.	The holder of the approval must, at all times, hold and maintain a broadform public liability insurance policy which provides indemnity—
in an amount not less than $10,000,000.00 or another amount specified by the local government; and
in respect of the use of the premises for the operation of short stay letting.
Waste management
5.1	Waste containers that are provided as part of the operation of the short stay letting must, at all times, be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
5.2	Each of the approval holder and, if the contact person is not the approval holder, the contact person, must—
place the waste container for the premises on the kerb side frontage of the premises, for the collection of general waste from the container; and
ensure that the container is placed on the kerb side frontage for no longer than 24 hours before or after the scheduled collection day for the collection of waste in the container;
if the premises are not provided with a kerb side frontage general waste collection service—
ensure that general waste from the premises is removed from the premises and disposed of at a general waste facility.
Records management
6.1	The approval holder and, if the contact person is not the approval holder, the contact person, must keep and maintain a written record of each complaint received by the contact person including, as a minimum and for a period of not less than 2 years, the following information about each complaint—
details of the complaint; and
the date and time of receipt of the complaint; and
details of how the complaint was resolved or addressed; and
6.2	The approval holder and, if the contact person is not the approval holder, the contact person, must, for a period of not less than 2 years keep and maintain a register of the use of the premises and record in the register, each of the following—
on each occasion on which the premises are used, or occupied, on a commercial basis—
the number of adults who are occupants of the premises; and
the number of minors, an individual who is under 18, who are occupants of the premises; and
the dates when each person’s use, or occupation, of the premises for short stay letting began and ended; and
the number of guests of each person who uses, or occupies, the premises for short stay letting; and
6.3	The approval holder and, if the contact person is not the approval holder, the contact person, must make available, for inspection by the local government, within 5 business days of receipt of a written request given at any time, each of—
the written record of complaints
the register of use
Code of conduct for guest behavior
7.1	The code of conduct for guest behavior for the use, or occupation, of the premises must be—
displayed in a manner, and in a prominent location within the premises, so that it can be viewed by persons using, or occupying, the premises; and
made available by the holder of the approval, or the contact person, to all users and occupants of the premises, including on any website or social media used to promote the use  of the premises for short stay letting.
7.2	The approval holder and, if the contact person is not the approval holder, the contact person, must require each occupant of the premises to comply with each of the following conditions (collectively the code of conduct for guest behaviour)—
each vehicle used by an occupant 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;
each occupant of the premises who enters, uses or occupies the premises, including any outdoor area of the premises, for example, an outdoor entertainment area, deck, balcony, swimming pool or spa, must not—
detrimentally affect the residential amenity (including but not limited to noise, overlooking or light spill) enjoyed by residents adjoining, or in the vicinity of, the premises; or
cause a nuisance (including a noise nuisance); or
display unacceptable behavior, for example—
loud aggressive behaviour;
yelling, screaming, arguing;
excessively loud cheering, clapping or singing; or
create a level of noise which is in excess of the acceptable levels described by Queensland Government legislation for environmental protection (noise).
an occupant of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility;
pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance);
each occupant 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;
each occupant of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition.
8.	CONTACT PERSON AND COMPLAINTS MANAGEMENT
8.	An up-to-date contact person must be identified for the premises at all times (which may include an individual, letting agent, property manager, security firm or the like), who —
is available 24 hours a day, 7 days a week; and
resides, or has a place of business, within a 20 kilometre radius of the premises; and
is 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; and
is responsible for responding to each complaint within 30 minutes of receipt of notification of the complaint.
is responsible for resolving each complaint at the premises, including ensuring compliance with the requirements of the code of conduct for guest behavior.
9.	APPROVAL NOTICE
9.	The holder of the approval must prominently and permanently display a current, and up to date, written notice (approval notice) at the front of the premises; and
the approval notice must be visible to members of the public at all times; and
the size of the approval notice must be a minimum and maximum size of 0.2m2; and
the approval notice must specify, in letters and numbers not less than 50mm in height, the current, and up to date, contact details for a complaint and the approval number.
If the premises forms part of a community titles scheme, the approval holder must notify the body corporate of the approval and make available the contact details for Council’s 24/7 complaints hotline and the approval number for the premises at a location which complies with their by-laws.
The contact details for a complaints to be included on the approval notice is Council’s 24/7 complaints hotline number 5329 6466
Non-Compliance with Conditions of Approval
Enforcement action will be undertaken where the conditions of approval or the requirements of Subordinate Local Law No.1 (Administration) 2015 are not met. Please refer to the Non-Compliance with Conditions of Approval attached hereto.
Term of Approval
The term of the approval commences on the date the approval is granted and expires on the next 30th day of June. A renewal notice will be issued by Council prior to each 30th June anniversary.

Yours faithfully

Rachael Johns
Short Stay Compliance Officer
Development Assessment

cc	Noosa Holiday Rentals Tingirana Noosa 25 Hastings St NOOSA HEADS  QLD  4567 [email protected]

Enc:	Non-compliance with conditions of approval
Good Management of Short Stay Letting Guide
Example of Signage to be Displayed

	Non-Compliance with Conditions of Approval SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015-SCHEDULE 21A- SHORT STAY LETTING OR HOME HOSTED ACCOMODATION

Part 2 Approvals for prescribed activities
Section 17 Grounds for amending, suspending or cancelling approval
Each of the following is a ground for amending, suspending or cancelling an approval—
(a)	amendment, suspension or cancellation is necessary—
(i)	for the protection of public health or safety; or
(ii)	to prevent environmental harm; or
(iii)	to prevent property damage or loss of amenity; or
(iv)	to allow for works on roads or local government controlled areas; or
(v)	to improve access to a road; or
(vi)	to improve the efficiency of vehicle or pedestrian traffic.
(b)	another approval required for the prescribed activity under an Act has been suspended or cancelled;
(c)	in undertaking the prescribed activity, the approval holder has failed to comply with a local law or an Act;
(d)	the approval holder has failed to comply with a condition of the approval;
(e)	the approval holder has failed to comply with a notice under sections 26 or 27 that relates to the conduct of the prescribed activity or has failed to comply with a stop order under section 29;
(f)	the approval was granted because of a document or representation that was—
(i)	false or misleading; or
(ii)	obtained or made in another improper way.
Section 18 Procedure for amending, suspending or cancelling approval
(1)	This section applies if the local government considers there is a ground under section 17 to amend, suspend or cancel an approval (the proposed action).
(2)	Before taking the proposed action, the local government must give the approval holder a written notice (the show cause notice) stating—
(a)	the proposed action; and
(b)	the grounds for the proposed action; and
(c)	an outline of the facts and circumstances that are the basis of the grounds; and
(d)	if the proposed action is suspension of the approval, the proposed suspension period; and
(e)	that the approval holder may make written submissions, within a stated reasonable time of at least 21 days after the notice is given, why the proposed action should not be taken.
(3)	If, after considering all submissions made within the stated time, the local government decides that a ground no longer exists to cancel, amend or suspend the approval, the local government must take no further action about the show cause notice and give written notice to the approval holder about the decision.
(4)	If, after considering all submissions made within the stated time, the local government still considers there is a ground to take the proposed action, the local government may—
(a)	if the proposed action was to amend the approval—amend the approval; or
(b)	if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or
(c)	if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it.
(5)	If the local government decides to amend, suspend or cancel the approval, the local government must give the approval holder an information notice.
(6)	The decision takes effect on the day the written notice mentioned in subsection (3) or (5) is given to the approval holder, or if a later day of effect is stated in the notice, the later day. Noosa Shire Council Local Law No. 1 (Administration) 2015 14
(7)	This section does not limit the power a local government may have apart from this section to amend, suspend or cancel an approval.
Section 19 Procedure for immediate suspension of approval
(1)	Despite section 18, the local government may immediately suspend an approval if the local government believes that continuation of the prescribed activity by the approval holder poses—
(a)	an urgent and serious threat to public health or safety; or
(b)	an urgent and serious risk of environmental harm, property damage or loss of amenity.
(2)	The suspension—
(a)	can be effected only by the local government giving a notice to the approval holder about the decision to immediately suspend the approval, together with a show cause notice about proposed action under section 18; and
(b)	operates immediately the notices are given to the approval holder; and
(c)	continues to operate until the earliest of the following happens—
(i)	the local government cancels the suspension;
(ii)	the local government gives the approval holder notice under section 18(3) or (5) of its decision about the show cause notice;
(iii)	14 days have passed since the expiry of the stated time for the making of written submissions regarding the show cause notice;
(iv)	14 days have passed since the approval holder notifies the local government that it has made its final written submissions regarding the show cause notice.
Part 5 Enforcement
Section 26 Compliance notice for contravention of local law or approval condition
(1)	Subsection (2) applies if an authorised person is satisfied on reasonable grounds that—
(a)	a person—
(i)	is contravening a local law or a condition of an approval; or
(ii)	has contravened a local law or a condition of an approval in circumstances that make it likely the contravention will continue or be repeated; and
(b)	a matter relating to the contravention can be remedied; and
(c)	it is appropriate to give the person an opportunity to remedy the matter.
(2)	The authorised person may give10 a written notice (a compliance notice) to the person (the recipient) requiring the person to remedy the contravention.11
(3)	The compliance notice must state the following—
(a)	the particular provision of the local law or condition of an approval the authorised person believes is being, or has been, contravened; and
(b)	briefly, how it is believed the provision of the local law or condition of an approval is being, or has been, contravened; and
(c)	the time by which the recipient must remedy the contravention; and
(d)	that it is an offence to fail to comply with the compliance notice; and
(e)	the maximum penalty for failing to comply with the compliance notice.
(4)	The time under subsection (3)(c) must be reasonable having regard to—
(a)	the action required to remedy the contravention; and
(b)	the risk to public health and safety, the risk of damage to property or loss of amenity and the risk of environmental harm posed by the contravention; and
(c)	how long the recipient has been aware of the contravention.
(5)	The compliance notice may also state the reasonable steps the authorised person considers necessary to remedy the contravention or avoid further contravention.
(6)	The compliance notice must include, or be accompanied by, an information notice.
(7)	The recipient must comply with the compliance notice.12
Maximum penalty for subsection (7)—50 penalty units

[word/footer1.xml]
NOOSA COUNCIL
ABN: 97 969 214 121
PO Box 141
TEWANTIN QLD 4565
P. (07) 5329 6500
F. (07) 5329 6501
[email protected] www.noosa.qld.gov.au
NOOSA COUNCIL
ABN: 97 969 214 121
PO Box 141
TEWANTIN QLD 4565
P. (07) 5329 6500
F. (07) 5329 6501
[email protected] www.noosa.qld.gov.au

[word/footer2.xml]
10 See the Acts Interpretation Act 1954, sections 39 and 39A, regarding the service of documents on a person. 
11 Where a compliance notice is given to the owner of a property and requires action to be taken in relation to that property, then it will constitute a remedial notice under the Act, section 138(2). 
12 See also sections 17(e) and 18 regarding the local government’s power to amend, suspend or cancel an approval where a notice is not complied with, and the Act, section 142, regarding the local government’s power to enter property and take action that is required under a remedial notice.

[Attachment: image3.png (image text)]
ee) NOOSA COUNCIL