Noosa holiday rental: Council prepared to defend short-term accommodation application decision that owner says is lawful

The Noosa Council is preparing to defend its decision to refuse a short-term accommodation application that the owner claims is a lawful use of the property.

The Noosa Council is preparing to front the Planning and Environment Court to defend its decision to refuse a short-term accommodation application in Sunshine Beach.

It is the first time a short-stay letting application refusal has been lodged with the court.

Noosa Mayor Clare Stewart said the case was a “litmus test” and would set a precedent.

Council documents showed that on April 27, 2022, council staff refused an application for 1/12 Stevens Street in Sunshine Beach because the property was approved in 2015 under a duplex provision that did not allow for short-term accommodation use.

“The use of (the property) for short-term accommodation is currently unlawful and an approval under the local law cannot be issued for an unlawful use,” the documents state.

12 Stevens Street, Sunshine Beach.

Court documents lodged by the appellant, Escanaba Pty Ltd, stated that the use of the premises for short-term accommodation was lawful.

“The development approval approved a material change of use of the premises to the use of “type two - duplex” as defined in the Noosa Plan current as at September 16, 2013 (the Planning Scheme),” the court documents stated.

“Under the provisions of the planning scheme, the approved use ‘type two - duplex’ did allow the premises to be used for short-term accommodation.”

The court documents stated that the premises had been used as short-term accommodation since its construction and the appellant wished to maintain that use.

During a council Planning and Environment Committee meeting on August 9, 2022, development assessment manager Kerri Coyle said the duplex approval of the property under the 2006 Noosa planning scheme only allowed permanent occupation of the home.

Under the 2006 plan, visitor accommodation and permanent occupation were separately defined.

“This is our first appeal against a refusal of a short-stay letting application under our local law,” Ms Coyle said.

She said the appeal had implications for a number of other properties throughout the shire.

Ms Coyle said the Planning and Environment Court application had only “just been lodged” and council staff were still discussing the case with solicitors.

Noosa Councillor Tom Wegener asked if the appeal had implications for the short-stay local laws as a whole or if it was a “narrow” appeal.

Ms Coyle replied that there was no challenge against the local law in the appeal at this stage.

The committee voted unanimously in support of the staff recommendation to defend the appeal.