Planning & Environment Court Appeal 1576 Of 2026 - Short Stay Letting Local Law Review Decision - 8 Witta Circuit, Noosa Heads

Frank Wilkie377:51

Work that out okay uh further speakers uh Council wishes to close put it to the vote those in favour that is unanimous Thank you. Clint and it brings us to item 7.2.4 Planning & Environment Court appeal 1576 of 2026. Short stay letting local law review decision 8 Witta Circuit. Mr heads welcome Nick Bamford. Afternoon Councillors, hello, evening. Mr CEO under what circumstances will we need to take this into confidential if we're just discussing will.

Frank Wilkie421:28

Thank you, Councillor Wegener. All in favour? That is unanimous. Thank you, Nick. Next item is. For Nick as well. Planning & Environment Court appeal 1763 of 2026. Short stay letting local law review decision at five, unit five, seven, Peza Court, Noosa Heads. Is for Nick as well. Planning & Environment Court appeal 1763 okay.

This is, yeah, unit five, seven, Peza Court appeal on 15th of June, 2023. They apply for an application for short stay letting. Part of the criteria they had to meet is either a have a development approval which they haven't got, b accept development on the Noosa Plan 2020 which it was not, or c novel existing use rights which they believe they had. During the application process um they were given information as to supply um existing use rights to show that they had before 2026 to show that they had commenced short sale letting and up until the time of application this went backward forwards for quite some time until 15th January 2025 um trying to help them seek their existing use rights they failed to produce those documents so the application couldn't be assessed so the application elapsed on the um Friday 5th of March 2026 officers undertook a um audit of Peza Court and the surrounding area and noticed that there was a sign outside of unit 5-7 Peza Court on further investigation found advertising um on the uh internet for short stay accommodation a compliance notice was raised on the 1st of April com 260110 was issued to immediately stop their activity and or apply for an application um for short stay letting um that decision to stop was um then sent to a review decision again, I reviewed the evidence of that uh unit operating without short-stay letting approval um and no application um I upheld that decision um on the 15th of may I filed a response to affirm the decision um with a compliance notice 12th of June the appeal was lodged with planning environmental court so I see Council's agreement to defend that appeal.

Feedback okay thank you um so this is the appeal to a compliance notice um for eight with a circle um on the 24th of March 2022 hey which is circle circuit was granted um a short stay letting approval um on the 3rd of December 2025 after a number of complaints have been made to the 24 7 hotline a show cause notice was issued to the approval holder no time that approval holder that there would be amendment to their conditions or the approval specifically um they must not set conditions 7.2 use the outdoor entertainment area that premises or outdoor lighting after 9pm or before 6am and 7.26 b6 use the swimming pool after 8pm or before 7am uh show of course notice is as a time frame for a submission um for appeal on 19th December um the approval holders legal representative sought further information from Council and extension to that time on the 30th of January on 2026 um Council received that submission complaints were largely substantiate the complaints are largely substantiated came from a single neighbour the complaints expectations presidential media was unreasonable existing approval conditions are adequate the proposed of additional conditions are unnecessary using the app. Reasonable or unsupported by evidence. The correspondence also sought the Council to side on section 18.3 that local law not proceed to change the amendment to short-stay local law approval on the 26th of March 2006. Having reviewed that correspondence, Council officers decided to give amended approval to the approval holder. So there were changes conditions. So they decided to must not use the outdoor entertainment area, premises or outdoor lighting in those areas other than security lighting and the beam which is angled directly to the property after 9:00pm. And 6:00am. And use the swim pool after 9:00pm. And before 7:00am. On the 31st of March, the approval holder sought an internal review for that decision. In consideration of that approval request the Council delegate has regarded eight complaints received between the 3rd of September and the 28th of November 2025, complaints generally related to noise emanating from the guests located between the hours of 9:07pm. And 12:20am. Having considered that material and satisfied that the grants had taken its proposed action on the basis that prescribed activity actions are necessary to prevent a loss of immunity and demonstrate the non-compliance of the conditions of approval. Accordingly a letter was sent to the approval holder to confirm that decision to issue amended approval. The applicant has repealed that review decision and seeks additional conditions to be removed from the approval. I'm seeking Council's agreement to defend that appeal.