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MCU23/0101 Application For Short-term Accommodation At 561 Gympie Kin Kin Road, Kin Kin · Attachment 1 – (MCU23/0101) – Proposed Conditions

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                     11 JUNE 2024


              ATTACHMENT 1 – (MCU23/0101) – PROPOSED CONDITIONS
      When Conditions must be Complied With
1.    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.
      Currency Period
2.    This development approval lapses if the use has not happened by 16 May 2030, unless an
      application to extend the currency period is approved by Council.
      Approved Plans
3.    Development authorised by this approval must be undertaken generally in accordance with
      the Approved Plans listed in the table below.

        Plan No.      Rev.     Plan/Document Name                                  Date

        18247         A        Site Plan prepared by Local focus Design            03.11.2000

        AO2           H        Floor Plan – Upper prepared by Delta                07.11.2016

                               Upper and Lower Floor Plan

      Nature and Extent of Approved Use
4.    The total number of bedrooms that are available for guest accommodation must not exceed
      four (4).
5.    The total number of guests accommodated at any one time must not exceed 8.
      Amenity
6.    All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm
      each night.
7.    The premises must not be used to host events, functions or parties (e.g. bucks parties, hen’s
      parties, raves, or wedding receptions).
8.    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.
9.    The operation of the approved use must be in accordance with Administration (Amendment)
      Subordinate Local Law (No.1) 2021.
      (*Refer Advisory Note)
      Street Identification
10.   The street address of the development must be clearly visible and discernible from the
      primary frontage of the site by the provision of a street number and, where appropriate, the
      building name.
      Car Parking
11.   Existing car parking on site, as detailed on the approved plans, must be maintained and kept
      available for users of the short-term accommodation.
12.   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.
      Contact Person
13.   Prior to the commencement of the use, written confirmation must be provided to Council
      confirming:
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Page 2

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                        11 JUNE 2024

      a.         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
      b.   that the contact person is available 24 hours a day, 7 days a week; and
      c.   that the contact person resides within a 20 kilometre radius of the premises; and
      d.         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.
      Code of Conduct
14.   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:
      a.          That the use of the premises must not:
           i.           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
           ii.          cause a nuisance (including a noise nuisance);
           iii.         display unacceptable behavior including:
                  a.    loud aggressive behaviour;
                        b.    yelling, screaming, arguing; or
                        c.    excessively loud cheering, clapping and singing.
           iv.        create a level of noise above the acceptable levels described by
                  Queensland Government legislation for environmental protection (noise).
      b.   That a user of the premises must not sleep or camp on the premises in a tent, caravan,
           campervan or similar facility.
      c.          That each vehicle used by a user of the premises must:
           i.     be stored in a manner that does not cause a nuisance or inconvenience to
                  adjoining premises; and
           ii.          be parked within the parking facilities at the premises where provided.
      d.         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.
      e.        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.
      f.         That pets occupying the premises must be managed and not cause a nuisance
           (including a noise nuisance).
      g.         The nature and extent of the approved use as detailed in conditions numbers 4
           to 9 of this development approval.
15.   The Code of Conduct must be displayed in a prominent location at the premises so that it
      can be viewed by guests.

Page 3

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                    11 JUNE 2024

      Complaints Management
16.   The contact person must maintain a record of all complaints received, identifying how each
      complaint has been resolved or addressed within a reasonable time.
17.   The contact person must respond to all complaints within 30 minutes of notification of a
      complaint.
18.   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:
      a.          on each occasion on which the premises are used, or occupied, for short stay
           letting or home hosted accommodation on a commercial basis:
           i.          the number of adults who are users of the premises; and
           ii.        the number of minors, an individual who is under 18, who are users of the
                 premises.
      b.          the dates when each person’s use, or occupation, of the premises for short stay
           letting or home hosted accommodation began and ended.
19.   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:
      a.   the written record of complaints referred to in condition 16; and
      b.   the register referred to in condition 18.
      Water Supply
20.   The development must be provided with a potable water supply. The storage capacity of the
      potable water supply must be a minimum of 5000 litres per guest.
      Waste Water Treatment and Disposal
21.   The development must be provided with an on-site waste water treatment and effluent
      disposal system having a capacity sufficient for the use.
      Waste Management
22.   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.
23.   Waste containers must:
      a.   At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic
           condition.
      b.   Be placed on the kerb side frontage of the premises, for the collection of general
           waste from the container; and
      c.   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.

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