30 Mar Confused about your property rights under the new Noosa town plan?
Are you a Noosa homeowner in the low-density residential zone who’s never let your property for short-term accommodation (holiday let)?
If you are, don’t miss the chance to keep your property rights, so you can decide how you use your property in the future?
By completing the Superseded Planning Scheme form by 31 July 2021, you will be able to make a request to apply for short-term accommodation, under the provisions of the superseded planning scheme, which is the Noosa Plan 2006.
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.
The new town plan affects you if you live in your own home, rent to permanent tenants, or aren’t currently interested in letting your property for short term accommodation.
Therefore, if your property hasn’t been used for short term accommodation in the past then you don’t have an Existing Use Right. However, if you want to maintain the right of choice that you had under the Noosa Town Plan 2006, you can apply under the superseded planning scheme.
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 owner.
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, you could change your mind, or your circumstances could 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
Need more information on your existing use rights?
See the information booklet from Planning Law Specialist Lester Manning at P&E Law.
How to keep your property rights
Even if your property has never been let for short term accommodation, but you want to maintain your right of choice to consistently let your holiday property under the 2006 town plan, then –
You can apply to Council to ask for short-term accommodation uses under the Superseded Planning Scheme – the Noosa Plan 2006 until 31 July 2021.
Council can approve your application under the superseded planning scheme; however, this will be at Council discretion. The cost of the application is $1380.
If Council approve, then you have six years from the date of Council’s Decision Notice to let your property for short term accommodation for the approval to remain current.