To Noosa Council nnpsubmissions@noosa.qld.gov.au
I am writing on behalf of the Peregian Beach Community Association Inc in response to the release of significant changes to the draft Noosa Plan. PBCA has a long track record of ensuring the wishes of residents of Peregian Beach (and now Marcus Beach) are appropriately considered by Council.
Short-term Accommodation:
Overall PBCA supports the proposed changed arrangements. These changes provide a more comprehensive and focused approach and are:
· likely to contain the rapid expansion of STAs,
· make the playing field more even by requiring similar levels of assurance of the safety of the premises to those required if the property is listed for rent with a real estate agent;
· significantly better protects the amenity of residents;
· ensure there is a contact to handle complaints about noise, parking etc, and
· provides scope for residents to engage in some STA provision.
Administrative burden
These arrangements, including the proposed Local Law, will be more administratively burdensome for all parties and that will no doubt attract criticism.
The need to establish existing use rights could require significant Council resources as well as some difficulties for residents intending to continue to provide STA.
However, PBCA considers the requirements, other than establishing existing use rights, are not significantly more burdensome than the current requirements for listing a property for rent with a real estate agent. The Residential Tenancies Authority of Queensland[1] outlines similar conditions for rental properties including those for smoke alarms and electricity safety requirements, a “pocket Guide” for tenants, a contact for emergencies, the need to keep records and the need to respect neighbours.
We support Council’s proposal to charge a fee for approval under the Local Law to cover costs. We note the enforcement provisions rely on a complainant pursuing resolution with the STA contact and where that fails pursuing the complaint with Council. We have made a separate submission on the Local Law.
STA Arrangements:
We support
· abandoning the concept of allocating areas where STA were permitted on the east side of David Low Way in the beachside communities and those on the west side were to seek approval. Neither side considered this satisfactory. Nor, in fact, did it address the issues of residents’ amenity;
· the requirement for a contact to be available to address any issues and deal with complaints;
· a code of conduct for STA guests and owners including banning swimming pool use between 10pm and 7am;
· the ability for residents residing in their principle place of residence to let their residence for up to 60 days and 4 occasions without the need for development approval;
· the requirement for all vehicles to be parked on site and not on the street; and
· the total ban on party houses.
The limit of 6 bedrooms and 12 visitors seems generous and the noise level with 12 adults is likely to be high – we appreciate that the requirement to park all vehicles within the site is likely to limit the number of visitors - however where that can be met the noise level may be a problem.
Low Density Residential Zone Code
PBCA also supports STA being categorised as an inconsistent use in the Low Density Residential Zone. This categorisation is consistent with the overall outcomes of this zone which include as the first outcome:
“low density residential neighbourhoods are home to permanent residents with minimal impact of visitors”[2]
We support the decision to protect residents from the impacts of short-term lettings.
We note that this view is further supported by the statement in the Medium Density Residential Zone Code at 6.3.2. Purpose and Overall Outcomes 2(h)
“Short-term visitor accommodation is predominantly provided through well-established resorts and holiday units”.
We support the other changes proposed for this code.
Tourist Accommodation Zone Code
PBCA strongly supports the inclusion of 215 David Low Way, Peregian Beach in PO7 as a site protected for a resort complex or short-term accommodation to the general exclusion of permanent residents and the elaboration of the options in PO8 in Table 6.3.4.2.
We note that the lot numbers in PO7 are different to those in PO8.
Also, P022 and AO22.1 indicate that the swimming pool is not to be used between 9,30pm and 6.30am which is different to the hours of use suggested for STA.
Visitor Accommodation Code
Table 9.3.5, AO 1.2 states that visitor accommodation should not be located within 100 metres of an educational establishment or a childcare centre. We query how this provision can be met at the 215 David Low site.
We support the inclusion of PO25 outlining the requirements for STA in a dwelling house so as “…not to cause unreasonable loss of residential amenity…” and the corresponding AO 25.1, 25.2, 25.3 and 25.4 although we do query whether 6 bedrooms and 12 people can meet the requirement not to cause unreasonalble loss of residential amenity.
We wish to acknowledge the work that has now been done to develop a much more comprehensive approach to STA and to strike a reasonable balance between the amenity for residents and the ability for short-term letting through the new style agencies such as AirBnB.
Yours sincerely
📷
Marian Kroon
Vice President
[1] Residential Tenancies Authority of Qld, “Managing General Tenancies in Queensland” downloaded from the RTA website 19/10/2019.
[2] Part 6.3.1 Low Density Residential Zone Code: Purpose and Overall Outcomes.
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