Gold Coast council serves developer with enforcement notice for ‘illegal’ Broadbeach Airbnb stays

The developer of an apartment building in a popular beachside suburb has been accused by Gold Coast City Council of offering “illegal” Airbnb-style rentals.

The apartment building at 37 Brittania Ave Broadbeach which the Gold Coast City Council claims is illegally used as an Airbnb.

The developer of an apartment building metres from a Gold Coast beach, has been accused by council of offering ‘illegal’ Airbnb stays.

The Council of the City of Gold Coast (GCC) alleges Alchemist2 Property Group Pty Ltd, (AP) a company owned by Yadvinder Singh from the exclusive Isle of Capri, has committed a development offence by carrying out assessable development at the building named Verdelho on Britannia Ave, without all the necessary development permits.

AP denies it has committed the development offence alleged.

The council slapped AP, the owners of the four-unit building that sits within walking distance to the beach, Pacific Fair, convention centre, Star Casino and Oasis Shopping Centre, with the enforcement notices on December 13, court documents reveal.

The notice came five months after AP received a show cause notice dated July 24 issued by the council alleging they had committed a development offence on the 604sqm block.

The apartment building at 37 Brittania Ave Broadbeach which the Gold Coast City Council claims is illegally used as an Air BnB.

The December enforcement notice states that AP has failed to give council evidence that the site has been continuously used for short-term accommodation since before February 2016 when the City Plan started, which would give the site what is known as “existing use rights”.

Without “existing use rights” property owners are under the control of the City Plan and need to apply to the GCC for a development approval.

Details of the planning stoush were revealed in an appeal notice filed in the Planning and Environment Court in Brisbane on January 20.

AP argues that the court should set aside the enforcement notice because the GCC “has failed to recognise the existing lawful use rights afforded to” AP and which “are protected against newly enacted statutory planning instruments, including the introduction of the current City Plan”.

“The enforcement notice alleges that the appellant is carrying out assessable development on the land, without all the necessary development permits constituting a development offence, despite the existence of the extant development approval and which remains in effect,” the appeal notice states.

AP points to the 2002 development approval issued by council to build a multi-unit building.

“The enforcement notice grounds demonstrate that the approach of the (GCC) has been to require the appellant to demonstrate that the land has been continuously used for short-term accommodation prior to February 2016 when the City Plan commenced to prove the alleged offence is not occurring, despite it instead being incumbent on the (GCC) to prove the contrary if it believes that to be the case,” the appeal notice states.

No defence has been filed and no date has been set for hearing.

Originally published as Gold Coast council serves developer with enforcement notice for ‘illegal’ Broadbeach Airbnb stays