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Gold Coast City Council Mediterranean Unit Owners Association of Queensland Inc. Gold Coast City Council - Mediterranean Date: 12/12/16 CITY OF Contact: Althena Davidson Location: Waterside East GOLD COAST: Telephone: 5582 8042 Your reference: Our reference: 58867067 Jana Koutova Chief Operating Officer Unit Owners Association of Queensland Level 6, 333 Adelaide Street Brisbane OLD 4001 DearJana Short term tourist accommodation Recently Council officers met with Wayne Stevens regarding Short term tourist accommodation. A number of points were discussed at the meeting, with officers needing to seek further information before responding in writing. Wayne has requested this response be sent to you on his behalf. Please find below responses to the outstanding matters raised during the meeting. What is the level of owner's consent required for a short term accommodation application in a building with body corporate? If this scenario is in relation to an existing building with an apartment approval, owner's consent would be required for a Material Change of Use development application to the premises. Even though particular rooms could be located within specif[c exclusive area, users of that room would need to utilise common area such as lifts, waste collection services, recreation services and car parking. Therefore, the body corporate approval would be required for such an application. What are the changes in the Material Change of Use requirements under City Plan? There is a significant change in the definitions from the 2003 Our Living City Planning Scheme to the City Plan, which commenced on 2 February 2016. Prior to the City Plan, there was no stipulation on whether an apartment use was limited to short term or long term accommodation. The City Plan definitions now require an applicant to specify whether the accommodation use is short or long term. Council have recently received Material Change of Use applications for multiple dwellings and short term accommodation - being two land uses within the one application. The application is required to identify exactly what units are to be used for short term and permanent accommodation. This does have assessment and decision making ramifications, such as car parking numbers and equitable access requirements. How can a complaint regarding a short term tourist accommodation use be made? The definition of apartment under the 2003 Our Living City Planning Scheme did not prohibit short term tourist accommodation. There were many approvals for apartments issued under this planning scheme where development has resulted in a hybrid of permanent and short term accommodation scenarios. Council officers consider that if the short term accommodation use was operating under such a scenario prior to the City Plan (which commenced 2 February 2016), it is unlikely that a development offence is being committed. City Panel - Have your say Council of the City of Gold Coast P 1300 GOLDCOAST (1300 465 326) Customer Service Centres Register at gchaveyoursay.com.au PO Box 5042 GCMC OLD 9729 Australia E [email protected] Rnd the closest centra or online service 8 Karp Court, Bundall W cltyofgoldcoa I com.au at cityofgoldcoast.com.au/conta Ius ABN 8485854 60 Page 1 of 25 ..... Unit Owners Association of Queensland Inc. Gold Coast City Council - Mediterranean Small scale tourist accommodation Page 2 PD98/1132/05/03 12 December 2016 In officer's opinion, the continued use of a unit for short term tourist accommodation that was operating prior to the City Plan commenced , where a Material Change of Use for an apartment was approved under the 2003 Planning Scheme, isn 't likely to be generating a development offence. A valid complaint regarding a short term tourist accommodation land use, could only be made if the use had not lawfully commenced prior to 2 February 2016. To clarify, officers would consider the scenario where an apartment was approved for permanent accommodation, and was changed to short term tourist accommodation use post 2 February 2016, may result in a development offence. A valid complaint can be forwarded to Council's Development Compliance section at http:/lwww.goldcoast.q ld.qov .au/report-a-problem-town-planning-building-compliance-2417 4. html or on 5582 8184. If you have any further questions, please contact Althena Davidson on 5582 8042 . Yours faithfully Amanda Tzannes Manager City Planning For the Chief Executive Officer Council of the City of Gold Coast Page 2 of 2 Page 2 of 25 Unit Owners Association of Queensland Inc. Gold Coast City Council - Mediterranean CITY OF Date: 17 July 2017 Contact Althena Davidson Location: City Planning, Waterside East GOLDCOAST. Telephone: (07) 5582 8042 Your reference Our reference PD98/1 1 32/08/01 Wayne Stevens Unit Owners Association of Queensland Inc GPO Box 2359 BRISBANE QLD 4001 Dear Sir/Madam LAWFUL USE OF PREMISES Thank you for your letter, dated 4 July 2017, to Mayor Tom Tate about lawful use of premises for short term accommodation. The Mayor has asked me to respond on his behalf We reaffirm the stance outlined in the letter to yourself, dated 10 March 2017. Uses established prior to 2 February 2016 continue to be lawful and cannot be further regulated by the City Plan. Many residential definitions under the previous 2003 Planning Scheme. such as the 'apartment ' definition, allowed short term stay in addition to long term occupation. This is consistent with s. 260 of the P/ann/ng ,4ct 2076 (note that the P/ann/ng 4cf 2076 replaced the Susfa/nab/e P/ann/ngAcf 2009 on 3 July 2017): 260 Existing lawful uses, works and approvals . , ,, (1) if, Immediatelybefore a planninginstrument change, a use or premises was a lawful use of premises, the change does not- (a) stop the use from continuing;or jb) furtherregulate the usd or lc) require the use to be changed. As you point out in your letter,the apartment(or other development)would have needed to be established lawfullyto benefitfrom protectionof use rights referenced in the clause above, includinglong term residentialuse rights. Uses could have been lawfully established (meeting s. 9 of the St/sta/nal)/e P/ann/ng Acf 2009 and Sch 2 of the P/ann/ng ,4cf 2076) through an approval from Council, or by meeting the self-assessable requirements at the time. Short term stay established prior to 2 February 2016 within a lawfullyestablished apartment (for example), will continue to be a lawful use of premises. We will be unable to take enforcement action in these instances. In relation to the issuing of enforcement notices for unlawful use of premises, these would need to be issued by Council to the offending unit owners. and not the body corporate. If Document: 63213175 Page I of 2 Surfers Administration Centre Nerang Administration Centre Council of the City of Gold Coast E mail@goldcoast:qld.g6v,ad 833 Southport Nerang Road, Nerang w cityofgoldcoast.com.ay 135 Bundall Road, ,Surfers Paradise PO B6X5042 GCMC; QLD 9729 Australia F +61,7 5596 3653 F : .'+61:7 5596 3653 ABN 8485854846Q P 1300 GOLDCOAST (1300 465 326) Page 3 of 25 Unit Owners Association of Queensland Inc. Gold Coast City Council - Mediterranean LAWFUL USE OF PREMISES Page 2 PD98/1 1 32/08/01 17 July 2017 you have a specific example of where this has not been the case, please provide further details and we can investigate. Your correspondence raises matters relating to building class. As noted in our letter dated 10 March 2017, the class of building under the Building Code of Australia (BCA) is a separate consideration to the land use definitions under the City Plan. The Bu//d/ng.4cf 7975 establishes the processes and obligations where the use of premises alters its BCA classification. Contacting us Should you wish to clarify any issues contained in this letter, please do not hesitate to contact Althena Davidson telephone (07) 5582 8042 Yours faithfully Dyan Currie FPIA HonRTPI FDIA Director Planning & Environment For the Chief Executive Officer Council of the City of Gold Coast AP Page 4 of 25 Unit Owners Association of Queensland Inc. Gold Coast City Council - Mediterranean Date: 18 June 2017 To: Gold Coast City Council – Development Compliance and Enforcement Re: AirBnB or Short Term Letting in places of residential dwelling Dear Responsible Officer – Development Compliance and Enforcement Request is hereby made that Council take immediate action to prevent further unlawful AirBnB or Short Term Accommodation use of the residential dwellings situated at 220-222 The Esplanade Burleigh Heads. The numerous offending properties are among those of The Mediterranean - East Tower (BUP 104532) and The Mediterranean - North Tower (BUP 105017) and identified in the attached schedule as derived from council records. Background The complainant purchased his unit as his home 15 years ago in 2002. At that time, all correct searches were performed whereby development approval as a Class 2 building purposed for residential Dwelling was confirmed. Council records further show no application for any Material Change of Use for Class 3 building use has ever been sought by or approved for any of the 112 registered lots. During the first 10 years this home of mine became increasing disrupted, costly and lost much of the amenity expected when purchased due to absentee owners increasingly but unlawfully engaging in short term letting of their units. I was a single father trying to raise my daughter in an environment of foul language emanating from adjacent balconies and pool area, doors banging at all hours and holiday makers up for a party at any time. Building management were rarely available and would do nothing as they also profiteered handsomely from letting to short term guests. The Council eventually took some action to address the obvious incompatibilities between residential dwelling and short term accommodation via the state government ‘Party House’ amendments to the Sustainable Planning Act 2009 in 2014.
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