By Rowland Hill, Noosa Resident
To address the housing shortage, the State Government has enabled secondary dwellings (eg granny flats) to be built on the property of existing buildings provided they meet usual building requirements such as setbacks, height limits, floor area, etc.
Previously Noosa Council allowed granny flats to be occupied only by members of the same household living in the main house and could not be used for Short Stay Letting. (See Sandy Bolton's clarification here).
Noosa’s Short Stay Let Local Law was clear – the letting of an entire dwelling in a low-density residential zone required an impact assessment.
So what happened when the owner of a four-bedroom short stay dwelling in a low-density residential zone sought approval for the garage to become a secondary dwelling? The garage became a temporary home not a granny flat, subverting the State regulation– and Council regulations ignored. The outcome met the objectives of neither authority.
In this case a garage in a low-density residential zone was converted to a granny flat – a secondary building – with Council approval. The owner moves into the garage/granny flat, each time the main building is occupied by turning the entire main dwelling into a Short Stay Let paying visitors.
This new arrangement
flaunts the council commitment to no new approvals in the low density residential zone;
Ignores the relationship between occupants of a main house and secondary dwelling on the same property;
Does not meet off-street parking requirements of one car space per bedroom in the let dwelling;
Compromises the privacy and amenity of neighbours; and
Further overloads a low density zoned block that’s meant for a single family (on average fewer than three people in Noosa).
The arrangement was approved by Council with no impact assessment process involving neighbours.
So, what happened when a neighbour complained as this saga unfolded? The Council advised – maintain a ‘Visitor Activity Log’ – a Stasi-like East German ‘dob a neighbour’ response! This appears to be not so much a loophole as a blatant disregard of the regs by the owner, and an unexpected Council approval. The ‘Visitor Activity Log’ advice is apparently a common response when residents complain about ‘illegal activity’.
Neighbours ask if the process is meeting Councillor intentions?
Once again, the circumstances don’t pass any reasonable person’s pub test. The lack of transparency around the approval process raises significant questions. How many other such delegated approvals have been granted?
Editor's Note:
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