Planning and Environment Court to provide clarity on motel suite use
  • Tuesday 29 January 2019
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Sunshine Coast Council has filed an application with the Planning and Environment Court today, to seek clarity and certainty in relation to the lawfulness of the use of certain motel suites in the Sebel Pelican Waters Resort for permanent residential accommodation, rather than for the temporary accommodation of travellers.

The application follows notification by the Sebel Pelican Waters Resort operator regarding ongoing compliance and safety concerns occurring at the resort.

Council officers have been made aware that some of the privately owned motel suites on floors 2 - 4 of the resort are being occupied and advertised as permanent residential accommodation.

Council’s records indicate that the motel suites located on floors 2 - 4 of the resort are only approved for use as temporary accommodation of travellers and that their use for permanent residential accommodation is contrary to the approval granted over the premises.

It is also noted that the motel suites were not designed or built for long-term residency and are not fitted out for that purpose.

The units on floors 5 - 12 of the resort are approved for long-term residential accommodation and their use is not an issue in this matter and will not be affected by the current court proceedings.

Division 2 Councillor Tim Dwyer said council was seeking a court ruling in relation to the motel suites on floors 2 - 4 to provide a declaration that would provide further clarity regarding their lawful use.

“Like most motel rooms, the suites on floors 2 - 4 of the Pelican Waters resort are not suitable for long-term stays,” Cr Dwyer said.

“Many of these motel rooms do not have cooking facilities or kitchen areas and there are strong concerns about some tenants who may be forced to use make-shift kitchens which can involve bringing in camping-style or other cooktops and microwaves, causing safety concerns.

“Council anticipates that this application to the court will help make sure appropriate safety, health, amenity and other relevant standards are met.

“It’s important for our community and our businesses that we continue to ensure that property uses comply with the approval relating to that property.”

Council investigates all complaints relating to breaches of the Planning Act 2016 and the Sunshine Coast Planning Scheme 2014.