Whitsunday Regional Council rejects short term accom proposal despite legal risk

A council in one of Australia’s premier holiday destinations has stood up to holiday homes encroaching on residential suburbs, despite a warning they may be sued.

A council in one of Australia’s premier holiday destinations has stood up to holiday homes encroaching on residential suburbs, despite a warning they may be sued.

A council in one of Australia’s premier holiday destinations has stood up to holiday homes encroaching on residential suburbs, despite a warning they may be sued.
In May, multiple residents were slamming council decisions to approve short term accommodation developments despite residents’ concerns as ‘disgraceful’.

Now the Whitsunday Regional Council seem to have heard the outcry and have made a point to reject a STA application for a four-bed home at 52 Traders Crescent in suburban Cannonvale.

However at the executive meeting on Wednesday councillors were warned their stand against the housing crisis could cost them.

Whitsunday Regional Council planning director Neil McGaffin did not see a good reason to reject the subdivision proposal.

“If the applicant wishes to take this matter to appeal it will be similar to the other applications council has refused ... the legal advice that we have is that the likelihood of success is minimal,” regional strategy and planning director Neil McGaffin said, noting the department’s recommendation to approve the proposal.

“And that’s come through in our recommendation.”

But long-term councillor Jan Clifford stood to retort that “the fact that we might get sued has got nothing to do with it”.

Whitsunday Regional Council considered, and rejected, a short term accommodation proposal at 52 Traders Crescent, Cannonvale despite warnings they may be sued. Photo: Contributed.

“What’s right is right and what’s wrong is wrong, and to have STA in a dormitory suburb, in my opinion, is wrong,” Cr Clifford stated, saying some rental agents “get away with murder”.

Both Cr Clifford and fellow councillor Clay Bauman, who raised the motion to refuse, have been vocal about protecting housing for Whitsunday locals amid rampant investment in tourism.

The Traders Crescent site was operating illegally as an accommodation and would have been the first STA in the area if approved, with five submissions received from neighbours noting ongoing concerns over noise, garbage overflow, and unlawful parking.

Jan Clifford

In “what might be a surprise to Cr Bauman”, Cr Gary Simpson also supported the refusal motion despite noting he had almost never opposed a director’s recommendation.

“Most of them (STA applications) have something to do with tourists ... sea views, the big house on the coast ... rainforests, but this one’s right smack in the middle of a residential suburb,” Cr Simpson said.

At Mr McGaffin request that council provide reasons for their refusal, Cr Bauman stated the proposal did not meet the Planning Scheme requirements due to STAs “far” outweighing dwellings for long-term residents.

The development proposal was rejected with five votes to two, with deputy mayor Michelle Wright and Cr John Collins opposing.

Whitsunday MP Amanda Camm (centre) with LNP candidates Glen Kelly for Mirani and Nigel Dalton for Mackay outside Mackay Base Hospital on July 24, 2024. Photo: Zoe Devenport

Whitsunday MP Amanda Camm was outside Mackay Base Hospital the same day decrying the State Labor government’s record on retention for health workers, noting housing was a key component in staff turnover.

“Whether you’re a police officer, whether you’re a doctor, a nurse, a teacher, every industry and every service is telling me that housing is fundamental to being to attract and retain staff,” Ms Camm said.

When asked about Whitsunday council’s decision to reject the STA application, she said that councils were “under pressure to pull the levers that they can” to deliver affordable housing for ratepayers.

Ms Camm claimed Mackay Health and Hospital Service had the highest rate of turnover against comparable organisations in Townsville, Rockhampton, or Toowoomba.

“I’m hearing from long-term staff that have been a part of this health service (who) are under so much pressure they don’t want to hang in there anymore,” she said.

“These numbers are very concerning because it has a real impact on the frontline service that we know is already under pressure, and demonstrates a failing by this Labor government and, in particular, a failing by the member for Mackay.”
An MHHS spokesperson said “people in our communities can be assured that they will always receive care from dedicated clinicians”, despite a slight increase in staff attrition.