Owner ordered to alter 17-bed home despite appeal

The owner of a 17-bed home has been ordered to pull his operation apart before a court hears his appeal.

The 17-bed house at Birtinya. Picture: John McCutcheon

The owner of a 17-bed hostel has been ordered to make major changes before a court hears his appeal.

Judge Glen Cash last week gave Michael Gavin 45 days to make further alterations to his 17-bed and 17-bath house at Birtinya so it couldn't be used as to let out single rooms.

Mr Gavin claimed his home was for his extended family, but within months of it being built neighbours noticed new residents moving in.

Judge Cash in December ordered Mr Gavin could no longer rent individual rooms out after Sunshine Coast Council took him to court.

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Council officers submitted that after going through the home they found identical rooms on each floor, all with a shared kitchen, laundry and "identical" outdoor settings.

"There are between 12 and 15 people residing in the building," neighbour Clayton Fiander had said in his joint submission to the court.

Clayton Fiander and Helen Rodgers at Birtinya. Photo: John McCutcheon / Sunshine Coast Daily

Mr Gavin was ordered to pay the council's court costs and to make changes to the home's structure.

Some changes included removing stairwell doors, keyed internal locks and the solid-core doors and replacing them with standard domestic doors.

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In Gympie's Planning and Environment Court last week, Judge Cash refused Mr Gavin's application for a stay on the altercations being made until appeal proceedings were finalised.

"The orders in issue would require the respondents to carry out building work," Judge Cash said last week.

"None of it is of a kind that could not be undone if the appeal was successful and the orders set aside."

The Birtinya home. Picture: John McCutcheon

Judge Cash ordered Mr Gavin to pay the council's investigation costs of $21,666.51 and the costs of proceedings.

He also clarified the changes to be made, specifying the kitchen equipment to be removed and allowing Mr Gavin to keep all but one privacy screen.

The Birtinya resident initially had 30 days to make alterations that Judge Cash said would "make it less attractive for use as an accommodation building".

Upon review last week, Mr Gavin now has 45 days to make the changes.