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Deputations and public questions to council, each opening on what council's minutes record of it.

2023-08-17 Deputation Ordinary Council August 2023

Bob Hansen

Noosa Short Stay Letting Licence

Heard at the meeting. Council's recording has this deputation from 1:57; our transcript is below.

▶ Hear it — council's recording, from 1:57
The feed timestamps the whole deputation block rather than each speaker, so this starts at the top of that block.

What the minutes record

Topic Noosa Short Stay Letting Licence

In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter:

I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been used for Short Term accommodation rental. Given that the deputation is not for decision making I request to to stay in the room however, I will respect the decision of the meeting on whether I can remain and participate in the decision.

Council Resolution Moved: Cr Stewart Seconded: Cr Wilkie That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter as this is purely to hear the deputation and not a decision making process.

Carried unanimously.

The following material was presented to the meeting in relation to this item: Mr Bob Hansen – PowerPoint presentation - refer to Attachment 1 to the Minutes

That is all the minutes say. Council does not minute what a deputation says — not a summary, not a topic sentence. Across every deputation in council's published meeting feed, the minuted discussion field is empty. The agenda names the speaker and the subject, and the rest exists only in the recording, linked above.

Transcript of the recording

What this is. Transcript of council's recording, produced by automatic speech recognition and not checked line by line against the video. Names and figures are where this kind of transcript fails first. It is our transcript, not council's record. Recording © Noosa Shire Council. Council's own recording is linked above; where the two differ, the recording governs.

1:57 Speaker 2: My name is Bob Hanson. Sorry, Mr Hanson. Sorry.

2:01 Mayor Stewart: You don't have to describe what it's in.

2:04 Councillor Lorentson: I'll make a declarable move for a decision. In accordance, excuse me, Bob. Sorry. Sorry, Mr Hanson. In accordance with Chapter 5b of the Local Government Act 2009, I make the following declaration. I, Councillor Lawrenson, inform the meeting that I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heights. Since November 2020, this property has been used as short-term accommodation rental. So you want us to stay? Yeah. Given that the deputation is not for decision-making, I would like to just leave the decision to remain. I would like to remain in the room to the councillors in front of me. However, I respect the decision if they choose not to leave me in the meeting room.

2:59 Mayor Stewart: I move that, um, Councillor Lawrenson, um, that Council note the declarable conflict of interest of Councillor Lawrenson and that Councillor Lawrenson stays in the meeting and participates because this is purely to hear and digest the information of the deputation and it's not in a decision made. It's in a decision-making context and that, um, all councillors and even the public interest, um, that Councillor Lawrenson stays in the room. I'll second that. Thank you. Councillor Lawrenson, any questions?

3:33 Councillor Jurisevic: No, but I'll, I'll speak to what a nonsense this is. This is a, this is not a decision-making forum. The councillor can listen and hear anybody's opinion on any matter in any area of the, uh, of the, uh, of the, of the, of the Shire. So to have to declare this here is, uh, in my, uh, in my humble opinion, um, way beyond any of the, uh, uh, expectations of, of independent assessors with regard to declarations of, uh, of this nature.

3:59 Mayor Stewart: I, I'd agree, Councillor, um, jurisdiction. I think everyone has been coming into the season we are. Election season, everyone, everyone is being overly prudent. And I commend and thank Councillor Lawrenson for, uh, being so transparent in this, um, matter. Um, anyone else like to speak to it? We'll put it to vote. All in favour? Carriage unanimously. Thank you. Councillor Lawrenson stays in the room. Sorry, Mr Hanson. It's very long with the introduction to you. It's a new world we're operating in.

4:24 Speaker 2: Don't worry.

4:28 Um, the very last slide of this I give my congratulations. Um, uh, I graduated as a quantitative geneticist. I started work as a poultry breeder. You know, I graduated from family management. Went into business management. I'm now an agri-consultant for, mainly for banks. I help banks recover assets in the agri-business field. I'm, uh, I'm considered an industry expert. Uh, in, uh, in intensive lifestyle. Uh, but in addition to that, uh, we decided to retire in Noosa. And, uh, we've more management rights in, uh, Noosa. Sunshine Beach. I wouldn't say I did a very good job of retiring. I've probably taken on more work than when I was fully employed. Uh, I've put together a presentation of, uh, about twelve slides. I only intend to talk to six or seven people. Um, the reason being, I'm trying to keep it to, like, half and nine minutes. And then you can ask me questions if you'd like. Uh, so if we flick on to, um, uh, slide three, Cathy. So this is just the basic outline of what I'm going to talk to. I mean, basically, what I'm trying to figure out is why, um, Lumura, Sunshine Beach, and others, certainly in our area, aren't exempted, uh, like Hastings Street and Noosa Lakes.

6:00 Uh, so if you now flick on to, uh, the next slide. So, the other ones, this is straight off your, uh, website. The other ones are the property, properties that, or regions that are exempted. But why aren't, uh, Noosa built and Sunshine Beach? In Sunshine Beach, it's definitely, we have very similar dynamics. Uh, to what's happening on Hastings Street. Um, one of our owners is a judge. And he said to me, well, Bob, there's more noise that comes from the, uh, surf club than there is from any noise from any owners. So, and that is the reason I'm actually making the presentation, because he is the one that pushed me to do this. If you go on to the next one, we are in a, uh, multi-use, high-use area. Uh, we're in the red zone. You can see that the surf club is just down here. And this is, uh, Duke Street.

7:01 Keep going, please. In our DA approval, we're approved to have 20 car parks with five off-site for off-street parking, which, when the DA was done, we were approved. And there was to be, uh, no detrimental or effective parking.

7:24 This council approved that. So, the question to you is, why don't we have an exemption like everybody else? Because when I've been to your meetings that your staff have asked me to come to in the past, they say there are two reasons that you're bringing in these licences. One is noise from residents, or other nuisance like rubbish, car parking. And the second one is you're trying to get short term living out of residential areas. So, I don't understand how this licence actually achieves what you're wanting to do. And if it does, why aren't we exempted? Like Hastings Street or Noosa Lakes. Go to the next slide please, Cathy. So, this here is our bylaws. I just took an extract out and this is the ones for our noise. So, no owners to have a party on the property. We don't allow noise from 10am to 8pm. There's no excessive noise from radio, TV, piano, no child crying.

8:41 Guests who leave after 11 have to leave early. No extra cars. Now, in Noosa, sorry, in Lemur, the caretaker has the authority to police those matters. Now, of course, to do a breach, the body corporate committee must do a breach, but the caretaker is on site. We'll go to the next slide please, Cathy. So, these are my son, he's the manager. Leah is our office manager. That's my company and me. We all have an RE licence. We're all fully licensed. Now, that's not actually a requirement under the Act. The Act is only the person that is the nominee manager has to have an RE licence. But I felt it was best practice that we did that. The reason being is that I won't owe my staff a trade. Next slide. Complaints from our apartment are zero that I know of. I don't know that there's any issue of complaints from our apartment. So, one of the points made in the circular put out by the Noosa Shire a couple of weeks ago was that we were going to make a level playing field.

10:03 Well, how can there be more level when we've already got zero?

10:15 There are results with on-site management that's had issues from complaints, but I don't know who they are. I mean, at the meeting that you held here in February, I actually asked the question, how many complaints came from one resource with on-site management? And there was a lot of shuffling of papers, and somebody sort of muttered something like five, and said, how many are you entitled? 1,300. Is that correct? Do we know how many complaints were coming from on-site management resource?

10:49 Mayor Stewart: Good answer. And I notice we have some director of policy. Well, yeah.

10:53 Speaker 2: Can we all say that this is a level playing field?

10:55 Councillor Wilkie: We do, Bob. This is not a... Yeah. You have the right to ask. I'm asking the question. Yeah. It's a return. Yeah. We listen to you. Yeah. We can provide you information on other things.

11:07 Mayor Stewart: Yeah. Mr. Hanson, we're happy to take any questions, if you want to submit questions, we're happy to take them.

11:11 Speaker 2: Well, I think that is one of the primary ones that I would apply. What are the issues being generated from on-site management resource? We can find that out for you. Yes. Thank you. Next slide.

11:27 At Lemur, basically, all our apartments were built for short-term living. They're 112 square meters. They've all got minimal storage capacity. They're only got one car capacity. We do have two units where owners... Some owners stay there for up to six months and then let out their units still on a short-term living basis. So, at Lemur, we're 100% short-term living. Thank you. So, next slide. And that's the end. That's my qualifications.

12:01 The questions... The question I have for you then is, why can't we have an exemption? Why a pacing street? That's the main question. So, I'll take any questions from you.

12:16 Mayor Stewart: No. Any deputations to answer? We're not allowed to ask questions. Okay. It's an opportunity for you to put your case forward. And we can... As I said, we're happy to follow up with those answers to you in an email.

12:28 Speaker 2: Okay. A couple of weeks ago... And now, I didn't put this in my presentation. A couple of weeks ago, you used to send out a... What do you call it? A short-stay letting of home, posted accommodation, local law, annual renewal and fees. No. In it, I find that there are a number of... Issues that I believe are incorrect. Significantly incorrect. Firstly, it implies that on Hasting Street, Noosa Lakes and a number of these other ones that are listed on page two of that document, that there are no permanent residents. But we know there are permanent residents in there. The very last sentence of that document says that this will make a level playing field. Well, it's made an ill-level playing field. It's actually a discriminatory playing field. If you... If you have a management right on Noosa or Noosa Lakes or one of the other exempted facilities, you don't actually have to apply for a licence.

13:40 The effect of actually having a one-year licence means that, in reality, our caretaker agreements, which, by law, are up to 25 years, are effectively up to 25 years.

13:55 So you've made, you've made winners and losers in the Noosa Resort.

14:06 I have a paper copy of that, and I did put it onto a USB stick, so I'm happy to give you a USB stick.

14:21 And that's it. That's my presentation.

14:24 Mayor Stewart: Thank you very much, Ms Stanton. And we will have someone... We appreciate you coming in and stating your case. We'll have someone follow up with those questions that you have as well. But greatly appreciate your time.

14:36 Speaker 2: Thank you. I'll give these to Karen.

14:38 Mayor Stewart: Thank you. Thanks, Ms Stanton.

14:45 Thank you.

14:52 Thank you.

14:59 Thank you.

15:05 2023 Audit Committee Briefing Paper. Item 6, 2023 Interim Report, Mr. Council. Item 7, Interim Audit Update. Item 8, ICT Cyber Risk Update. Item 9, 2022-2023 Shell Financial Statements and End of Financial Year Update. We'll move over for these recommendations, please.

Others who spoke that day

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