Short stay accommodation

In earlier proceedings, Melbourne City Council had sought to argue before the Building Appeals Board, the Supreme Court and the Court of Appeal that use of the Watergate apartments was contrary to the Building Code of Australia classification approved in the occupancy permit. Council ultimately failed.

The Tribunal concluded that short term stays were not prohibited by the occupancy permit or the planning permit. It also held that the OCcould not make a rule to prohibit using the lot for short term stays.

An OC cannot prevent specific uses of a lot (for example, it cannot pass a rule prohibiting an owner using the lot for business purposes) but it can pass a rule that seeks to prevent hazard, nuisance or noise from a lot. To be valid, such a rule must focus on regulating the activities of lot users, not on regulating the use of the lot, or prohibiting certain types of use or occupation altogether.