Queensland Numbered Acts

PLANNING ACT 2016 - SECT 276

276 Party houses

(1) A planning scheme or TLPI for the local government area may do all or any of the following—

(a) state that a material change of use for a party house is assessable development in all or part of the local government area;

(b) include assessment benchmarks for a material change of use for a party house;

(c) identify all or part of the local government area as a party house restriction area.

(2) The use of a residence as a party house, in a party house restriction area, is not, and has never been, a natural and ordinary consequence of a residential development.

(3) Neither of the following authorises, or has ever authorised, a material change of use for a party house to take place as part of a residential development in a party house restriction area—

(a) a development permit for the residential development;

(b) a planning scheme or TLPI that states residential development in the party house restriction area is accepted development.

(4) Subsection (3) applies whether the development permit was given, or planning scheme or TLPI was made, before or after the commencement.

(5) In this section—

"party house" means premises containing a dwelling that is used to provide, for a fee, accommodation or facilities for guests if—

(a) guests regularly use all or part of the premises for parties (bucks parties, hens parties, raves, or wedding receptions, for example); and

(b) the accommodation or facilities are provided for a period of less than 10 days; and

(c) the owner of the premises does not occupy the premises during that period.

"residence" means premises used for a self-contained residence that is—

(a) a dual occupancy; or

(b) a dwelling house; or

(c) a dwelling unit; or

(d) a multiple dwelling.

"residential development" means a material change of use for a residence.