This Noosa North Shore holiday accommodation cannot be used as a permanent residence after an appeal court ruling in favour of Noosa Council.
This Noosa North Shore holiday accommodation cannot be used as a permanent residence after an appeal court ruling in favour of Noosa Council.

Council’s ‘no long stay’ plan has legal teeth

THE Planning and Environment Court has upheld Noosa Council’s decision to prevent 14 purpose-built holiday houses on Noosa North Shore from being occupied as permanent residences.

Acting planning director Kerri Coyle said the holiday home development welcomed the judge’s decision to dismiss an appeal of the 2017 Council decision, as the proposed change of land use was at odds with the planning scheme.

“The Beach Road Holiday Homes development is one of several sites identified in the planning scheme exclusively for visitor accommodation,” she said.

She said it was “approved and built on that basis and the zoning is still in place over the site today”.

In dismissing the appeal, Judge Nicole Kefford said the applicant hadn’t made a case for the properties to be used as permanent homes.

The judge found council “has made a deliberate planning decision to zone it for use for visitor accommodation and it’s not in the public interest to diminish the land available for visitor accommodation by allowing permanent residential use given the importance the Noosa Plan places on sustaining the tourism industry”.

Council originally refused the application on the basis the change of use was contrary to the Noosa North Shore Locality Code, would adversely impact viable tourism and increase infrastructure pressure in the area.

“Noosa has a strong track record when it comes to applying and defending our planning scheme,” Ms Coyle said.

“It’s helped make Noosa what it is today, so it’s pleasing to see the courts recognise and back our consistent approach to planning and land use,” she said.


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