By Rowland Hill, Noosa resident
About 1500 dwellings continue to be offered for short term rent in Noosa without approval – 200 more than were operating unregistered and unapproved in February this year at the time of the Local Law review, according to the Noosa Council
Council estimated that 5200 dwellings are available for short term rent of which 4000 located outside the tourist zone must be registered and approved. It has approved 2554.
Eighty-three applications have now been refused, according to the council.
Court Ruling on Duplex at Sunshine Beach
One of these was for a Sunshine Beach duplex that the owner wanted to short stay let. When council refused, the owner appealed to the Planning and Environment Court
Noosa Mayor Clare Stewart said the outcome of the appeal would be a litmus test for the Council’s Short Stay Accommodation Local Law, and no doubt she was relieved when Justice Cash supported Council’s refusal.
But some Noosa ratepayers long opposed to the commercial development of residential properties for short stay accommodation say the decision has opened another can of worms for council.
The approval was sought for a Multiple Housing Type 2 duplex based on the Noosa Plan 2006 and Justice Cash examined whether that authorised short stay letting. He found that Multiple Housing Type 2 duplex provides for permanent or semi-permanent residents but not for short stay accommodation.
(Link to full judgment at https://www.queenslandjudgments.com.au/caselaw/qpec/2023/14)
Now these ratepayers say these findings call into question all Short Stay Accommodation approvals for properties where development approval is based on the 2006 Noosa Plan. They have discussed their interpretation with council staff who are considering the need for further advice.
Council Short Stay Accommodation statistics also show that hot line complaints have increased. The Local Law review last February was told there were 612 calls in the first 12 months of the hot line’s operation, an average of two calls/day. In the 10 months to October there were 799 calls – approaching an average of three calls/day, or the complaints level only previously reached at peak holiday times. Hotline callers, put on hold, report they are told they must provide names and addresses to lodge complaints whereas the Local Law provides for complainants to be anonymous.
But despite nearly 1500 dwellings offered for short-term accommodation operating without approval, just 78 compliance letters were issued to their owners. As well three compliance notices were issued; and one notice to show cause.
Editor's Note:
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Similarly, could SPS approvals in
low density also be questionable on similar grounds? It seems we have a Council-unable and unwilling to do
anything to protect our communities
from being converted to giant tourist resorts.