#25701
Lady Penelope
Strataguru

    See here for the Brisbane City Council Fact Sheet relating to Short Term Accommodation:

    https://www.brisbane.qld.gov.au/sites/default/files/20160629_-_holiday_and_short-term_rentals_-_fact_sheet.pdf

    The language is not prohibitive. You will note phrases such as “is unlikely to be”, and “this would likely be”.

    Fines may be up to $2356 but so far BCC has not issued any infringements.

    See this comment from the Lynkim case: [22] The legislation does not define or qualify the term ‘residential purposes’ in section 180(3). The section does not say, for example, “if a lot may lawfully be used for a specific type of residential purpose”. I am satisfied that the plain English meaning of ‘residential purposes’ includes any type of residential purpose, including short and long term letting and permanent residency. There is no suggestion that lots in this scheme cannot lawfully be used for residential purposes. It follows then that the attempt to record a by-law to limit the type of residential use of a lot to only long term letting or permanent residency is a restriction of the type of residential use contrary to subsection (3).

    And: [24] Adjudicators have consistently held that by-laws which attempt to prevent the short term letting of lots (including where there are local government or building classification concerns regarding short term letting) were invalid.[8]