30 Mar Keep your Existing Use Rights under the new Noosa town plan
Are you a Noosa homeowner in the low-density residential zone that has previously let your property for short-term accommodation (holiday let) for consistent use?
Then you can potentially maintain your Existing Use Rights because short term accommodation is an Existing Use Right under the 2006 Noosa Town Plan.
The new Noosa Town Plan 2020 came into effect on 31 July 2020.
Act now to obtain the right to offer short term accommodation.
How the new town plan affects your future right of choice
As an owner of a residential property in the low-density residential zone, the new Noosa Town Plan 2020 will permanently affect your properties’ usage rights as short term accommodation (holiday home) if you aren’t already doing so.
The town plan changes affect you if you live in your own home, rent to permanent tenants, or aren’t currently letting your property for short term accommodation.
This means that unless your Existing Use Right is maintained from the 2006 Noosa Town Plan, your property will never be able to be used for short term accommodation at any stage in the future.
This affects your future right of choice, and it affects the right of choice for future owners.
Don’t lose your Existing Use Rights for short term accommodation
If you or previous owners used to let the property for short term accommodation, but you no longer do, then you may have lost your existing rights under the new 2020 plan.
Changes to how your premises is operated means you could lose your existing use rights, for example:
- You purchased a “Detached House” that was holiday let and permanently resided in before 31 July 2020 and moved into it on a permanent basis
- You purchased a property after 31 July 2020 that was never holiday let, so under the 2020 plan, you no longer have the right of choice to long-term holiday let, unless you apply to the Superseded Planning Scheme
- You haven’t short term holiday let your property since March 2020
However, every matter will be based on individual circumstances and proof of intention and actions, so be careful not to unwittingly abandon your existing use rights!
Need more information on your existing use rights?
See the information booklet from Planning Law Specialist Lester Manning at P&E Law.
Keep the value of your property under the new Noosa town plan
Under the new 2020 town plan, your neighbour might have applied to retain their right to short term accommodation, but if you didn’t, you would have lost that right.
Therefore, when you come to sell your home, this could mean that:
- Your house may sell for a lower price because you have lost the valuable option of short-term accommodation.
- The banks may put a lower value on your house if you want to redraw against your home, as you don’t have the ability to holiday let.
Even if you have no intention of holiday letting your home again, you could change your mind, or your circumstances might change.
Under the 2020 town plan, you will no longer have a right of choice to holiday let your property in the low-density residential zone for more than:
- 4 occurrences in any calendar year; and
- 60 nights in any calendar year to be occupied by short-term guests
How to keep your right of choice
If your property has been used for short term accommodation in the past, in any capacity, prior to the new 2020 Town Plan, and you’ve not abandoned that use, then you may have an Existing Use Right.
You will need to provide some evidence (such as a tax return, receipt or statement from a managing agent or Airbnb).
Therefore, if you want to maintain your right of choice to consistently let your holiday property in the future, then –
You can submit the Written Advice Notice from Council. A fee of $631 will be charged in accordance with Council’s Fees and Charges Schedule 2020-21. Follow the steps below to have the council form and an additional form for your own records emailed to you.
Step 1: Read and understand all the relevant information and form your own opinion. Access your own legal advice if you wish.
Step 2: Enter your details in the form below and submit. The Written Advice Notice form and a templated form for your own records will be emailed to you. Complete, print and sign both documents.
Step 3: Scan and return the letter to council with all supporting documentation to firstname.lastname@example.org. Keep the Owner’s Statement in your own records.