Does The Use Of A Dwelling House For Short Term Rental Accommodation Require A Development Approval?

In the recent Queensland Planning and Environment Court decision of Sunshine Coast Regional Council v EBIS Enterprises Pty Ltd [2009] QPEC 3591 the Court made enforcement orders sought by the Council in relation to the owner's use of a large dwelling house for short term rental accommodation. The Court held that the use of the premises was properly classified as an 'accommodation building' rather than a 'detached house' and was therefore unlawful in the absence of an effective development approval.

FACTS

The Sunshine Coast Regional Council had received noise complaints from residents that a large house at Little Mountain in Caloundra was being used for short term rental accommodation. The house was located within a rural residential precinct and was being rented by the owner to large groups of up to 20 people, typically for short periods of 2-3 days at a time. The use of 'Accommodation Building' was a defined use under the 2004 Caloundra planning scheme, but no