Noosa Council is set to consider whether to continue defending a Planning and Environment Court appeal over additional operating conditions imposed on a short-term holiday rental.
A report to the August 11 general committee meeting recommends the council defend an appeal lodged by the owners of a property at 8 Witta Circle, Noosa Heads, who are seeking to overturn conditions added to their Short Stay Letting approval following a council review prompted by complaints from neighbouring residents.
According to the report, the property was granted a Short Stay Letting approval in March 2022.
The report says council considered eight complaints received between September 3 and November 25, 2025, relating to alleged guest noise between 9.07pm and 12.20am. The complaints pertained to the use of outdoor entertaining areas, swimming pool and spa activity, and lighting impacts that affected nearby residents.
The report states that council subsequently issued a Show Cause Notice proposing to amend the approval by introducing additional conditions aimed at protecting the amenity of neighbouring properties.
In submissions to council, the property owners argued the complaints were largely unsubstantiated, were predominantly made by a single neighbour and that the existing approval conditions were already sufficient to address any issues. They also contended the proposed restrictions were unreasonable.
Following its review, council amended the approval to include new conditions restricting the use of outdoor entertaining areas, outdoor lighting, the swimming pool and spa during specified night-time and early morning hours.
The conditions prohibit use of outdoor entertaining areas and outdoor lighting after 9pm and before 6am, except for appropriately directed security lighting, while the swimming pool and spa cannot be used after 9pm or before 7am.
Officers concluded the additional conditions were necessary to protect residential amenity and were justified due to what the report describes as demonstrated non-compliance with the existing approval conditions.
Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name and suburb.
The owners have appealed the amended decision in the Planning and Environment Court, seeking to have the additional conditions removed.
Council officers are recommending councillors authorise the chief executive officer to continue defending the appeal on the basis that the amended conditions are appropriate and should remain in force.
