Court shuts down Coast’s 17-bed hostel

The owner of a 17-bedroom home once illegally used as an accommodation building cannot rent rooms out of the Birtinya property following a recent court order.

A court has ordered the owner of a 17-bed home at Birtinya cannot rent out individual rooms. Picture John McCutcheon

The owner of a 17-bedroom home once illegally used as an accommodation building cannot rent rooms out of the Birtinya property following a recent court order.

Michael Gavin claimed his 17-bed and 17-bath home was for his extended family, but within months of it being built neighbours noticed new residents moving in.

Sunshine Coast Council instigated court action against Mr Gavin, claiming it was a development offence to use the property as an accommodation building.

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Last month Planning and Environment Court judge Glen Cash found in favour of the council.

Judge Cash ordered Mr Gavin pay council's court costs, no longer rent individual rooms out 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.

Cars outside the 17-bedroom property at Fortitude Pl, Birtinya in 2019.

The council's submission said more than 25 airconditioning units, 25 compressor units and 18 separate fuse sets were visible from the exterior of the home.

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 said in his joint submission to the court.

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"Having earlier seen Mr Gavin with members of his immediate family, I can say that the present occupants are not members of Mr Gavin's family."

Judge Cash said the property was built on land that did not allow an "accommodation building".

After it was built in November 2018 Mr Gavin's family moved from Yaroomba to the Birtinya home, but only lived there until early 2019.

Clayton Fiander and Helen Rodgers at Birtinya. Picture John McCutcheon

The rooms were then listed on shared accommodation and real estate websites for $220 per week.

Judge Cash pointed out the irony in Mr Gavin's initial reason for building the large home for his multi-generational family as being to escape overdevelopment at Yaroomba.

"There is an irony in the first respondent's claim to be motivated to leave Yaroomba to escape overdevelopment and its impact on amenity in that area, and the subsequent, admitted use of the building at Birtinya as an accommodation building," Judge Cash said.

"The unlawful use of the building has allowed the respondents to generate an income in excess of that which would have resulted from a lawful use."

Court documents said that after closing statements during the trial Mr Gavin accepted he was liable for a development offence.

The Fortitude Pl property was put on the market in December, but has been taken off while the owner considers the court orders.

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