1.   Amend Byron LEP 2014

1a.   Insert exempt provisions in Schedule 2 for Short Term Rental Accommodation (STRA), as detailed in Table 1 below.

Council prepares a Planning Proposal to amend the Byron LEP 2014, refer to the Department of Planning and Environment for gateway determination, and publicly exhibit and report to Council as required under the EPA Act 1979 and Regulation 2000.

Time frame: May to December 2015.

Cost: existing budget

1b.   Insert new clause 6.10 Short Term Rental Accommodation, as detailed in Table 2 below to enable development applications.

1c.   Insert Serviced Apartments in Zone B4 Mixed Use as permissible with development consent.

        Serviced apartments are already permitted in the B3 Medium Density, B2 Local Business and the SP3 Tourist zones. The B4 Mixed Use zone permits a range of commercial and residential uses including shop top housing, residential flat buildings and hotel and motel accommodation. Given the range of uses that are already permitted in the B4 zone it is appropriate to permit serviced apartments.

1d.   Insert Tourist and Visitor Accommodation in the RU2 and RU1 Zones as permissible with consent, and list motel and hotel accommodation, Backpackers and Serviced Apartments as prohibited.

        This will enable rural cabin type proposals which don’t fall into the category of ‘farmstay accommodation’, which means a building or use that provides temporary or short term accommodation to paying guests on a working farm as a secondary business to primary production.

1e.   Amend clause 5.4 (1) Bed and Breakfast Accommodation to increase the number of bedrooms from no more than 3 to no more than 5 bedrooms.

1f.    Insert exempt provisions in Schedule 2 for 1 bedroom bed and breakfast establishments, as detailed below, to enable development such as Air B&Bs.

1g.   Prepare draft conditions of development consent, as detailed below.

2.   Amend Byron DCP 2014

2a.   In Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access, Table B4.1, include car parking rates for STRA and include reference to stacked parking for bed and breakfast, as detailed in Table 3 below.

Council prepares the relevant DCP amendments, publicly exhibit and report to Council as required under the EPA Act 1979 and Regulation 2000

Time frame: May to December 2015.

Cost: existing budget

2b.   Chapter D3 Tourist Accommodation:

i.    include new clause D3.3.8 Short Term Rental Accommodation, as detailed below,

ii.    amend clause D3.3.7 Serviced Apartments to include prescriptive measures, as detailed below,

iii.   amend clause D3.3.2 Bed and Breakfast Accommodation to enable 5 bedrooms and 10 guests.

2c.   Amend Part A, Appendix A.1, to include new definition for STRA.

2d.   Amend the Byron Shire Development Control Plan 2014 – Part A – Preliminary, Table A3 – Level 1 Notification to include STRA requiring notification to adjoining property owners and 14 days exhibition period.

3.   Develop a register

3a.   Investigate whether a nominal fee can be charged for registration and to cover the cost of establishing and maintaining the register in accordance with appropriate legislation.

        A requirement for all exempt development and development approvals is that the dwelling be registered on Council’s register prior to the initial period used.

Council’s Development Assessment and Compliance Section with IT.

Timeframe: May to September 2015.

Cost: development of the register may require additional funding.  If required this will be reported to Council post the scoping analysis.

3b.   Undertake a scoping analysis to determine register design and what’s feasible within Council’s IT systems.

3c.   Develop web based register for STRA.

4.   Investigate rating of properties

4a.   Councils Finance Section to be kept up to date on changes to Councils planning controls and advised of any applications approved for STRA including properties registered.

Council’s Environment and Economic Planning Section and Development Assessment and Compliance Section within the Sustainable Environment and Economic Directorate

Timeframe: Ongoing

Cost: existing budgets

5.   Compliance

5a.   With adoption and implementation of Controls, Council will need to ensure compliance with planning provisions. Additional Council resources may be required during peak holiday periods to respond to after hour complaints and to collect evidence.

Council’s Development Assessment and Compliance Section within the Sustainable Environment and Economic Directorate

Timeframe: Ongoing

Cost: funds may be required to provide additional resources

5b.   Land owner or appointed property manager must be contactable 24 hours 7 days a week and to be able to respond within 30minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity

Land Owner or appointed property manager

Timeframe: Ongoing

5c.   Neighbours of separate dwellings located within 40m of the subject dwelling can contact the land owner or appointed property manager in the first instance to report any complaints.

        In the event that the land owner or appointed property manager does not respond to the complaint, neighbours should call the police or Council.

STRA neighbours

Timeframe: Ongoing

6.   Holiday Rental Code of Conduct

6a.   Council acknowledges that the Holiday Rental Code of Conduct was developed by a consortium of stakeholders.

Council

Timeframe: April 2015

Cost: existing budget

6c.   Council reference the Holiday Rental Code of Conduct endorsed by NSW Department of Planning and Environment (DoPE) in the planning controls.

        Council write to the DoPE requesting to be consulted on any future reviews of their endorsed Holiday Rental Code of Conduct and that further wording be included in section 3.4 Security Deposits or Bonds as follows: ‘Make effective and fair use of security deposits and bonds to produce compliance.  Bonds should not be less than $250/adult per letting’

7.   Moratorium

7a.   Council allow a one year moratorium upon the LEP amendment being made for land owners/managers of existing STRA to comply with exempt or development consent provisions.

        The moratorium is for applying to use the dwelling for STRA.  Complaints relating to noise or amenity issues are not covered by this moratorium.

        A Council resolution will be required to direct Council’s Compliance Staff to take no action at the point of council resolving to make the LEP amendment for the first 12mths.

Council

Timeframe: one year post gazettal of the LEP amendment

Cost: existing budgets

8.   Develop information sheets and website content

8a.   Develop information sheets to assist land owners, property managers and neighbours understanding of the planning controls 

Council

Timeframe: prior to LEP amendments being gazetted

Cost: existing budgets

8b.  Update information on Council’s website in relation to STRA

8c.   Provide information to various holiday rental organisations eg. HLO, STAYZ, WOTIF, real estate agents etc on Councils STRA Action Plan and Planning Controls.

9.   Review Action Plan and effectiveness of planning controls

9a.   Twelve months from adoption of the Action Plan prepare a status report to Council on the progress of implementing the actions.

Council

Timeframe: April 2016

Cost: existing budgets

9b.   Review the effectiveness of planning controls within 18months of their gazettal.

Council

Timeframe: 18mths post gazettal of planning controls

Cost: existing budgets

9c.   Develop an Authority Data Report on key indicators such as number of registered properties; number of exempt and DAs; number of complaints and action taken etc for reporting to Council in line with the 18mth review of the Action plan

Council

Timeframe: prior to LEP amendments being gazetted

Cost: existing budgets

(1)   In this clause short term holiday accommodation is tourist and visitor accommodation in a dwelling that provides short term accommodation on a commercial basis, but excludes backpackers accommodation, bed and breakfast accommodation, farm stay accommodation, hotel or motel accommodation, and serviced apartments.

Definition simplified and broadened

(1)   In this clause short term rental accommodation is an existing dwelling that provides short term accommodation on a commercial basis,

(2)   The subject dwelling house must be located in a zone where dwelling houses are permitted under Byron LEP 2014,

Minor change

(2)   The subject dwelling must be located in a zone where dwellings are permitted under Byron LEP 2014,

(3)   Only during Australian public school holiday periods and for less than 90 days in any one calendar year,

Deleted

New

(3)   The dwelling must not contain more than 3 bedrooms,

Note – where dwellings are designed with studies/ offices and other areas capable of being utilised as separate sleeping quarters these may be counted as bedrooms

(4)   To facilitate family holidays:

I.       The maximum number of occupants is 10

II.      The number of occupants 16 years or over is restricted to 2 per bedroom up to a maximum of 8 occupants for 4 or more bedrooms

Changed

(4)   The maximum number of occupants is 2 per bedroom,

(5)   Garbage and recycling bins to be provided, serviced and managed on a regular basis,

No change

(5)   Garbage and recycling bins to be provided, serviced and managed on a regular basis,

New (as per Wyong’s LEP 2013)

(6)   If the development is part of a community or strata scheme, the development must have the prior written approval of the owners’ corporation for that scheme,

 (6) If the dwelling is located in a bush fire prone area, a bush fire evacuation plan must be attached to the dwelling in a prominent location,

(7)   Prior to commencement a Bushfire Safety Authority under S.100B of the RFS Act 1997 is required on land identified as bush fire prone,

Comment: Any approval from the RFS under this section of the act would require investigation of the need for an evacuation plan

(7)   The dwelling house must have hard wired smoke alarms, evacuation lighting, fire blanket and extinguisher in kitchen.

No change

(8)   The dwelling must have hard wired smoke alarms, evacuation lighting, fire blanket and extinguisher in kitchen,

No change

(8)   Carparking to comply with Part B4 Byron Shire DCP 2014

Provisions would need to be included in DCP Chapter B4 Table B.41 as follows:

Stacked parking, one vehicle behind the other, can be used to achieve the parking requirements.

No change

(9)   Carparking to comply with Part B4 Byron Shire DCP 2014,

No change

(9)   There must be no more than 2 substantiated complaints to the Council concerning the holiday letting activities taking place on the property from the occupiers of separate dwellings located within the proximity of the subject dwelling within the preceding 12 months

Minor change

(10) There must be no more than 2 substantiated complaints to the Council concerning the short term rental activities taking place on the property from the occupiers of separate dwellings located within 40m of the subject dwelling within the preceding 12 months,

No change

(10)   Only where use does not interfere with the amenity of the neighbourhood to the extent that Council could issue a Notice, Order or Direction. 

Change

(11) The use of the dwelling for short term rental is to not impact on the residential amenity expected to be enjoyed by surrounding residents. Use to comply with the Protection of the Environment Operations Act 1997 and associated Noise Regulations,

Comment: consistent with controls that may be applied to STRA that requires a development application.

(11) The owner/manager must register the use of the dwelling house for short term holiday accommodation on Council’s register prior to the initial period used and then updated for each subsequent period used.

Minor change

(12) The owner/manager must register the use of the dwelling for short term rental accommodation on Council’s register prior to the initial period used,

(12) The use of the dwelling house for short term holiday accommodation must abide by the REINSW Holiday Rental Code of Conduct

Minor change

(13) The use of the dwelling for short term rental accommodation must comply with the Holiday Rental Code of Conduct endorsed by the Department of Planning,

(13) The land owner or appointed property manager (eg Real Estate Agent) must be contactable 24 hours 7 days a week and to be able to respond within 30minutes in person to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity. 

Minor change

(14) The land owner or appointed property manager (eg Real Estate Agent) must be contactable 24 hours 7 days a week and to be able to respond within 30minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity,

(14) A sign with an area of 0.5 m² to be placed on the front gate, letterbox or some other location which can clearly be seen from the public domain (eg footpath) advising the public of the land owners or property managers details including telephone number to enable complaints to be readily made and wording to advise that the property is ‘Registered with Byron Shire Council’.

Minor changes

(15)  A sign with an area of min 0.1m² to max 0.2m² be placed where it can clearly be seen from the public domain (eg footpath) advising the public of the land owners or property managers details including telephone number to enable complaints to be readily made and wording to advise that the property is ‘Registered with Byron Shire Council’,

(15) The land owner or appointed property manager must maintain a logbook to record the number of quests and their dates of stay.

Delete

Comment: Required by Holiday Rental Code of Conduct

Additional clauses from 26 March 2015 Councillor workshop to ensure consistency with controls that may be applied to STRA that requires a development application.

(16) Additional accommodation is not to be provided on site by way of tents, (including tee pees) caravans, campervans or the like,

(17) Outdoor areas including swimming pools, spas, outdoor decking and balconies are not to be used between the hours of 10pm and 8am,

(18) Visitors permitted at a property are not to exceed 6 persons between 8am and 10pm and no visitors are permitted after 10pm.

(1)  The objective of this clause is to require development consent for the temporary use of a dwelling house as short term holiday accommodation.

Minor change

(1)The objective of this clause is to require development consent for the temporary use of a dwelling as short term rental accommodation,

(2)  The subject dwelling must be located in a zone where dwelling houses are permitted under Byron LEP 2014.

Minor change

(2)  The subject dwelling must be located in a zone where dwellings are permitted under Byron LEP 2014,

(3)  In this clause short term holiday accommodation is tourist and visitor accommodation in a dwelling house that provides short term accommodation on a commercial basis, but excludes backpackers accommodation, bed and breakfast accommodation, farm stay accommodation, hotel or motel accommodation, and serviced apartments

Definition simplified and broadened

(3) In this clause short term rental accommodation is an existing dwelling that provides short term accommodation on a commercial basis,

(4)  Despite any other provision of this Plan, development consent may be granted for the use of a dwelling house as short term holiday accommodation.

Minor change

(4) Despite any other provision of this Plan, development consent may be granted for the use of a dwelling as short term rental accommodation,

(5)  The maximum number of occupants is 2 per bedroom with no more than 8 occupants 16 years or older for 4 or more bedrooms and with no more than 10 occupants in total.

Change

(5) The maximum number of occupants is 2 per bedroom with no more than 10 occupants in total for five or more bedrooms.

Comment: Five or more bedroom homes will be capped at a maximum of 10 occupants.

Short Term Rental Accommodation

Stacked parking permitted for 1 vehicle.

No specific rates

Type of rate

Rate in the dollar

Business

0.004245

Residential

0.002830

Noise source

Time restrictions

Swimming pool and spa pumps

8 pm to 8 am on Sundays and public holidays

8 pm to 7 am on weekdays and Saturdays

Music

Midnight to 8 am on Friday, Saturday or any day preceding a public holiday

10 pm to 8 am on any other day

Air conditioner or water heater

10 pm to 8 am on weekends and public holidays

10 pm to 7 am on weekdays

Motor vehicles (except when entering or leaving residential premises)

8 pm to 8 am on weekends and public holidays

8 pm to 7 am on weekdays

NSW Rural Fire Service

Considers short term holiday accommodation as tourist development for the purposes of Section 100B of the Rural Fires Act 1997

Cannot support exempt and complying development on bushfire prone land as it would negate the need for an approval from the Rural Fires Service

Staff have liaised further with NSW RFS and they have advised for exempt of complying development in bushfire prone land they would require an approval (Bushfire Safety Authority) under S.100B of the RFS Act 1997 before proceeding and would be a pre-requisite to being exempt. 

The exempt planning controls have been amended to include this as a requirement

NSW Planning and the Environment

General Comments

a)         Remove the words tourist and visitor accommodation from the definition (p23 Table 3)

b)        The wording under Subclause 5 (p23 table 3) regarding number of occupants is complex and difficult to enforce and may exclude family orientated accommodation

c)         Need to consider resourcing and financial implications in enforcing exempt and complying development including officers for afterhours and during peak holiday periods

d)        Short term letting contributes significantly to the state and local tourist economy. We support Councils wishing to clarify this use although any approach should not be overly restrictive. Examples of other Councils controls adopted are provided which have approached the matter in a more simplified manner

a)         Agree, as this will simplify the definition. Additionally, broaden the definition to ‘rental accommodation’ not ‘holiday accommodation’ to reflect potential wider use of the dwelling including short term workers, and replace ‘dwelling house’ with ‘dwelling’ to clarify use of multi dwelling housing and residential flat buildings for short term rental accommodation.

Definition amended to: Short term rental accommodation means an existing dwelling that provides short term accommodation on a commercial basis.

b)        The number of occupants stipulated in the Holiday Rental Code of Conduct is ‘a maximum of 2 adults per bedroom ’.

The wording regarding number of occupants has been simplified.

c)         Whilst intent is for self management, Council will still need to consider how this will be resourced especially during holiday periods when compliance staff are attending to other matters such as parking and illegal camping.

Compliance resources especially during holiday periods will need to be reviewed. Examine whether fines derived from compliance matters can be used to support additional resources.

d)        Noted. Controls have been simplified.

Exempt controls

Inequity of exempt provisions for landowners who let outside of these periods

Wording of facilitating family holidays should be removed – may be discriminatory

Planning controls have been simplified and equity improved by consolidating the exempt and complying provisions as follows:

·        Allow short term rental accommodation throughout the year, at any time, with a maximum of 90 consecutive days for any one tenancy

·        Cap number of bedrooms at 3.  Around 67% of all dwellings in the Shire are 3 bedrooms or less.

HRIA, (Holiday Rental Industry Association – formed in 2013 as Australia’s national peak industry body for holiday rental industry), supplied data from Stayz indicting that approximately 57% of all enquiries sought 3 bedroom or less accommodation in Byron Shire.

·        Define proximity of complainers to 40m

·        Complaints should be substantiated. Other councils require ‘written complaints’ however it is important to differentiate between substantiated and vexatious complaints. Substantiating a complaint requires that an investigation into the complaint is conducted by Council or the police to ensure due process and procedural fairness.

·        Provide examples of what a substantiated complaint is in the fact sheet eg. generally, complaints that the owner/manager have acted on within 30mins and have resolved are not substantiated complaints. Repetitive complaints, on the same night or consecutive nights, maybe considered to be substantiated upon investigation by Council compliance staff or police.[s1] 

·        Include information on POEO Act in the fact sheet relating to amenity and noise

·        Retain requirement to register dwelling with Council  prior to use with minor amendment

·        Amend Holiday Rental Code of Conduct to the one endorsed by the Department of Planning.[s2] 

·        Retain response time of 30mins for complaints to be attended to by the owner or manager.

·        Amend Sign Size (min 0.1m²  to max 0.2m²) Sign to include state it’s a short term rental accommodation property, provide managers/ owners contact number and ‘Registered with Byron Shire Council’

·        Delete requirement to maintain a Log Book as this is a requirement under the Holiday Rental Code of Conduct for dealing with complaints 

The exempt controls will allow for property owners of 3 bedrooms or less, who want to rent their property out for short periods any time throughout the year and live there for the remainder of the year, or make available for short term renting on a permanent basis.

Complying controls

Complying more restrictive then exempt in terms of numbers of occupants and bedrooms – this should be reconsidered

Substantial complaints – onerous and Council needs to consider how far proximity extends from a dwelling house (Subclause 9)

Subclause 10 – Council needs to clearly define circumstances when amenity of the neighbourhood is reduced

Subclause 14 – signage requirements with owners details for making complaints may breach privacy

See comments against ‘Exempt’ above

Delete Complying controls

Development control plan

a)         Performance Criteria regarding compatibility with streetscape may not be relevant for change of use proposals to an existing dwelling house

b)        90 days needs to be clarified as its intended that houses will be let throughout the year and will potentially exceed 90 days

c)         Many of the conditions for a management plan will be difficult to measure – inequitable unreasonable.

d)        Prohibiting bucks and hens nights, weddings and functions – is this is a reasonable and balanced approach for governing this land use?

Heading amended to - Short Term Rental Accommodation

a)         Agree, delete streetscape performance criteria

b)        Agree, clarify 90 day provision in DCP controls

c)         Many of the management plan provisions are similar to the Holiday Rental Code of Conduct requirements.  However some of the Code of Conduct provisions are broad in nature and don’t specify exact requirements that council and community expect in terms of good management. Whilst there needs to be some flexibility to customise specific property management measures, certainty is required on some matters.

d)        The management measures have been refined and applicants will be required to submit the Complaints Handling Policy, House Rules and contact details for the land owner or appointed property manager to Council.

e)        The use of Short Term Rental Accommodation for ‘party houses’ is prohibited by the Code of Conduct (cl 3.7(b)). Planning approval can be sought for function centre in some locations.  Where approved the property could be used for weddings etc. Other gatherings or celebrations will need to comply with the Code of Conduct and other relevant planning provisions.

Strategy

Like after 9 years we do have a strategy, step in right direction (but not there yet)

It is good that there is a structure

Like Council & industry are going to have legislated responsibilities on this issue

Needs to be simplified

Strategy is a waste of Councils (ratepayers) resources and only put forward to appear that Council is doing something

Strategy must have widespread support from owners and operators of holiday let properties and not affect the capacity of Byron Shire to provide short term accommodation.    

Noted.

Definition

Replace the word dwelling house with dwellings so it includes houses through to units

Defining units that are used for tourist accommodation is not a serviced apartment due to limited services provided

Some of the definitions are unclear. E.g. Dwelling and dwelling house. Where do units fit, serviced apartments, commercial basis, inequitable with permanent rental

Need additional definitions for – guest, visitor, noise, party/ parties, function/ functions and offensive noise

Change definition to read:

Short Term Residential Accommodation

self-contained residential accommodation provided for the exclusive use of an individual, family or household group for a temporary period of time usually not exceeding three consecutive months where the owner or manager does not reside or have an office or reception desk in the building during the occupancy.

And insert definition into the Land Use Tables as permissible without consent

Definition has been simplified and now refers to ‘dwellings’

New Exempt provision included to ensure that if the development is part of a community or strata scheme, the development must have the prior written approval of the owners corporation for that scheme.

Exempt

Exempt provisions will restrict holiday rentals to school holiday periods creating a peak period of congestion and low periods of activity – resulting in ghost communities as opposed to sustainable levels of business and employment activity year round.

Dislike exempt should be all dwellings up to 4 bedrooms & more than 90 days per year

Dislike exempt restricting to Australia Public Hols, let them (owners) choose when it (property) can be let

Development rules are far too onerous. ie. exempt development applies to a group who historically cause more problems

School holiday period needs to reference relevant state government Board of studies websites

Why should 10 occupants be allowed as exempt when complying and DA provisions will limit you to less

Exempt should be a max of 8 occupants but children under 2 not included

Max number over 16 should be 6 for 3 or more bedrooms

Max of two families

Max of 6 unrelated people

Open to abuse by landlords who permanently rent then evict tenants for school holiday periods – should be clarity that its only the owners who lives in the property can holiday let the house while they are away

Number of occupants too many – should be 6

Is the garage included as a bedroom

90 day exempt period encompasses every holiday period and potential disturbance on working population is significant

School holiday period too restrictive

Will restrict number of houses available for holiday letting and be counter productive to goal of increasing tourism numbers for various organizations (eg Destination Byron)

No to Exempt due to greater amount of work and compliance for Council

School holiday period is 134 days which exceed 90 days -  how will this be managed – Log book required – if exceeds 90 days it should be deregistered.

Amend exempt requirement (f) page 14 to read “land, the nearest boundary of which, is within 100 metres…..”

Must reference dwelling houses – not dwellings.

Change complaint regime to read (9) There must be no more than 2 written complaints to the Council concerning the holiday letting activities taking place on the property from one or more occupiers of separate dwellings located within the proximity of the subject dwelling within the preceding 12 months. – And adopt the Same wording for complying development

Change (13) The land owner or appointed property manager (eg Real Estate Agent) must be contactable 24 hours 7 days a week and to be able to respond within 30 minutes in person to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity and resolve problems to satisfaction of neighbours.  – And adopt the Same wording for complying development

Exempt provisions have been refined and consolidated with complying – see above comments

Complying

Complying Certificate – inequitable for all year round for a difference of one bedroom

Larger houses shouldn’t be penalized

should be changed to – not more than 3 bedrooms are to be used for holiday rental – rooms to be nominated on approved plans

Change complying to 4 bedroom dwellings

Complying provisions are onerous and wont catch the majority of houses currently used for STHA – will force them to use there dwellings under exempt provisions and take them out of the  market during the remainder of the year.

Controls limit dwellings to 90 days a year – prevent year round use

Change Complying for more than 6 bedrooms, Exempt for up to 6 bedrooms and remove the need for DA provisions

Time frames unclear in terms of 90 days/year

Complying provisions have been deleted.

DA Provisions

Precincts preferred/not preferred (debatable) (uncertainty for residents)

Council should introduce the R1 Zone and zone more land R3 Medium Density where holiday letting and purpose built accommodation could be sited leaving the R2 Zone for general housing purposes – Keep it prohibited in R2 Zone

Look at models used in WA including Denmark Shire of preferred holiday let areas

DA should be required  for bigger houses

DA 4 bedroom – Conditions = requirements same as guesthouses

Will DA’s be advertised and will residents be able to object? Issues and objections raised by neighbours must be considered and addressed. 

Number of occupants should be lessened

How long is period of consent?

Does the consent go with the land or the owner?

Four bedrooms too small – should be 5 or more for DA

DA’s will provide income stream to Council

Should only be a DA for all holiday lets – no exempt or complying

No open model – use precincts/zones to discourage opportunistic buyers trying to holiday let across entire residential area

Open model will only work if manager is responsible for guest behavior so that it doesn’t impact on neighbourhood amenity

Use of the word open model and open development consent has created fear amongst community – please change to “additional” or find other word

Department of Planning don’t support a precinct model.

Under Clause 80(1) (d) of the EP&A Act 1979 Council may impose time limited development consent. Approval may be initially granted for a period of 1 year to ensure the property is managed effectively and there are minimal impacts on neighbours. At the end of the period, consent may be sought for a longer timeframe.

Consent is attached to the land.

Amend the Byron Shire Development Control Plan 2014 – Part A – Preliminary, Table A3 – Level 1 Notification to include short term rental accommodation requiring notification to adjoining property owners and 14 days exhibition period.

Number of bedrooms

70% houses 3 bedroom in Byron Shire = explosion holiday lets

3 bedroom verses 4 bedroom arbitrary & not fair

Exempt development is for up to 3 bedroom dwellings which constitute around 67% of all dwellings in the Shire. Three bedroom dwellings unable to comply with the exempt provisions would need to lodge a development application.

Demand for tourist accommodation is driven by market forces and their location to beaches and services.

Number of People

Numbers need to be monitored to stop subletting to additional guests and use of back and front yards for camping, caravans and campervans

Emergency and health services already overstressed with the influx of illegal dwellers

Numbers to be restricted at all times

Maximum of 8 people for all types of accommodation.

Age restrictions difficult to enforce

Guest numbers should correspond with any effluent disposal system (eg rural housing)

Children under 2 should be exempt

Planning controls that restrict occupancy based on age is discriminatory

Bedroom numbers shouldn’t be used, but occupant numbers should be

4-5 bedroom houses can swell to 20-30 people

Live next door to holiday let property that accommodates 14 people – fines issued by HLO are not a deterrent when split up between 14 guests – Owners should take responsibility for guests and duty of care so permanent residents can live in relative peace.

6-8-10 bedrooms houses become party houses – shouldn’t be allowed

Maximum of 10 people is too many

Reduce numbers for DA’s to 2 per bedroom to no more than 6 occupants 16 years or older for 4 or more bedrooms with no more than 8 occupants

Number of occupants has been simplified and capped at 2 per bedroom to a maximum of 10 occupants for 5 or more bedrooms. Exempt will be limited to a maximum of 6 occupants.

Other forms of tourist and visitor accommodation

Don’t like that it confuses other forms of holiday let. i.e. Air B&B

Need clarification, needs to be split

Make B&B less requirements. E.g. Fire requirements. Rather then holiday lets

“Air B&B” should not be DA unless all are DA’s

Advent of Air BnB has led to an increase in Bed and Breakfast Establishments – but with no Council Approvals

One bedroom B and B’s shouldn’t be exempted from paying some sort of fees or license costs

B and B’s should be limited to 8 people and 4 bedroom

One bed B and B’s shouldn’t be exempt – reduces share housing availability

Breakfast should be provided

Rural accommodation – shouldn’t be used for weddings and functions

More research needed on air bnb before changing LEP

Serviced Apartments

Serviced apartments should not be used to categorize dual occupancy, units and flats. Definition for short term holiday accommodation should be changed to reference dwellings instead of dwelling house.

Council has no understanding of what a serviced apartment is and is confusing this with holiday units. If Serviced apartment rules introduced – could affect 30%  of current holiday rental stock

Exemption should be provided for Units that are holiday let, abide by code of conduct and have an onsite manager. Properties that have been properly managed already abide by the various conditions and restrictions proposed.

Section 49(1) of the Strata Schemes Management Act 1996 may remove any restriction or prohibition that an Owner Corporation (“Body Corp”) seeks to impose on an individual unit owner as to its use for short term holiday letting.

If dwelling is in community title or strata arrangement then it should have written approval of owners corporation or body corporate.

Ability for Strata units to holiday let unclear and may exclude units?

Not suited for units and strata title/community title development – Should be for single detached dwelling houses only.

It is proposed to increase the number of bedrooms to 5 and insert exempt provisions in Schedule 2 for 1 bedroom bed and breakfast establishments

The definition of short term rental accommodation now refers to ‘dwellings’.

The provisions under s49(1) of the Strata Schemes Management Act 1996 relate to the creation of bylaws affecting mortgages and the like. Council will require that the development have the prior written approval of the owners corporation prior to its use for short term rental accommodation. This provision is similar to Wyong Council’s LEP.

General planning

Strategy should note previous historical attempts to control, manage and regulate holiday letting by Council

Like there are 3 levels of compliance

Adopt planning models like Kiama, Eurobadalla Councils etc where no DA is required and voluntary code of conduct introduced

Dislike one size fits all approval. Brunswick Heads collateral damage has it’s own characteristics

Secondary dwellings and granny flats should be excluded from holiday letting as they are provided as affordable housing and have been given exemptions for S94 and Headworks contributions

Use of Secondary dwellings for holiday letting – can this be banned – needs to be discussed with Dept of Planning

Our property containing a dual occupancy is already approved for use as holiday letting by Council. 

We bought our property on the understanding we could legally holiday let

Council should have a referendum on the issue

Strategy wont restore residential amenity and could lead to depopulation of permanent residents, and is at expense of the amenity, community adhesion and lifestyle of permanent residents. Strategy biased against residents who want to live in a residential area and not a tourist zone.

Key Strategies(p8) need to reference the wellbeing of permanent residents as being important

Small time operators who live on property with guests never cause problems and helps supplement income to keep living in Byron Shire

Large houses are like up-market back packers and should have onsite manager/ care taker

Planning controls should not result in reduced capacity for Byron Shire to provide Short term overnight accommodation and needs widespread support from owners and managers

Use of outdoor areas too draconian and hard to police

Consider controls for positioning of outdoor areas/ bbq’s centrally to the property and away from boundaries, noise fencing, walls or screens, additional onsite parking, provision for outdoor noise monitoring stations – there are affordable domestic monitors available

Strategy is too broad brushed – better tools would be well documented rental agreements, significant bonds and use of security guards and police if required.

Serviced Apartments with more than 10 units should have onsite manager or living in adjacent premises

Should not be permitted in Gated Communities  

B and B’s are a better model with onsite manager – car parking should be the same for holiday letting to encourage this type of accommodation

Operators should be given 6 months to get approvals in place once controls adopted

Houses run as holiday lets should be subject to same scrutiny as B and B’s and rural tourist facilities etc

Proposal will create subzone which wont be supported by state authorities. State government will only support unfettered holiday letting

Controls are too onerous on small 3 bedroom houses used on a casual basis through the year. Dual Use of properties by owner and family – would they need to abide by strategy

Tourist operators in B2 zone and tourist zone have had to pay appropriate costs for land and contributions whilst holiday letting have not had to pay or abide by planning and building laws

If HLO Code of Conduct used then it needs to be considered carefully and any amendments reviewed. Noise controls were more appropriate under 2012 version and these should be reinstated. 

VOHL does not agree with statement on page 13 – Summary Discussion Paper Workshops Outcomes – disagrees with STHA open to all zone and did not agree with STHA in rural and village zones

Party Houses are a problem that exists broadly across the community – Should be a separate strategy to deal with this matter.

Lack of planning controls and an approval process has resulted in no quality control which impacts on the reputation of local tourism industry and area. Planning controls and regulation will protect integrity of local tourism sector by not legitimizing poorly managed properties

Festivals – will see growth of holiday letting in Brunswick and Ocean Shores – planning mechanism or controls needed

Exempt and complying applications to notify neighbours – surrounding 50 metres and in local papers and request neighbours to provide detail on any problems

Size of land – 600m² or greater for all properties being holiday Let

Holiday letting should be exempt for all dwellings. If Development approval is required then it should only be for large houses of 7 bedrooms or more and fall into complying category.

Noted

Holiday letting already regulated by LEP and should remain prohibited

Holiday letting is a form of tourist and visitor accommodation which is prohibited in residential zones and is incompatible in residential areas

Council should enforce current laws and is negligent/ corrupt in failing to do so.

Legalizing holiday letting unfair on existing legal tourist operators

Support current prohibition by LEP

Holiday letting of a dwelling house is not an illegal activity, Council has not taken action in the past to stop it and the strategy does not provide any planning certainty to enable land owners to continue letting and using their properties as they wish.

The aim of the draft strategy was to discuss planning controls that could permit and regulate holiday letting.

Is regulating holiday letting and anti social behavior through town planning mechanisms the right approach

Strategy is a blanket solution to address minor anti social behavioural issues – support greater policing through existing regulations. Strategy to complicated and is an issue that should be resolved by self management

Planning controls and regulation should only apply to those not managed by professional organizations such as HLO, real estate agents etc. Where small 3 bed properties abide by Code of Conduct and managed by RE Agents they achieve good management results as per objectives of the strategy.

Many of the proposed controls are in place through REINSW Code of Conduct.

Anti social behavior are subject to regulatory and criminal law and existing agencies reluctant or unable to police.

Police should regulate noise and party issues

Liquor outlets and nightclubs which promote party culture should take responsibility for intoxicated and rowdy patrons

Responsible management needed rather than regulations.

Regulation will result in loss of tourist visitors, loss of employment, a shortage of beds and inflated prices

Self regulation and adoption and use of the Code of Conduct which is supported by Industry and state government will deliver behavior management outcomes sought by the strategy

Short term rental occupancy agreements between the landlord and holiday maker is a powerful tool which enables immediate eviction

The HLO Byron Noisy Neighbour Hotline is an effective tool in managing poor behavior and provide an immediate response for unacceptable and non compliant behavior   

Options to regulate holiday letting through the Local Government Act 1993 have been investigated by Council previously. The Act would need to be amended by the State Government to create a licensing regime. The State government is not proposing to amend the Act.  

Rates

Under Local Government Act Section 122 cant rate holiday properties as business. No to increase rates – may be illegal and lead to a legal challenge, complaints to ombudsman.

Object to rate increase to fund bureaucratic process that wont improve anything.

My rates in Byron are 4x as much as  North Sydney – I see no justification in increasing rates and see little benefit from the rates I pay eg potholes, poor infrastructure etc

Holiday letting is not considered a business by ATO and an ABN is not required.

No details as to what will trigger rate increase

There is no legal basis to rate holiday let properties as business – its relevance in the strategy is questioned. 

Byron rates are high enough and increased commercial rates are inappropriate.

Singling out holiday letting for commercial rates is hypocritical and all forms of letting are defacto commercial activities

Properties that are holiday let regardless of time frame should incur higher rates

Business rates should also apply to long term renters as well

Three year grace  period should be provided before changing to business rates

Rates should be levied for complying and DA categories

Levy could be used for paying extra compliance officers

Rates are levied in accordance with the Local Government Act 1993. Prior to any change in rating of properties, Council will need to investigate further to ensure compliance with the Act.

Fees and Charges

Like that fees are being applied

Fees to be charged commensurate with earning capacity of house

Fees should be charged for yearly registration to cover cost of inspections, to ensure standards are met and administration costs.

There should be a contribution from holiday lets for community infrastructure – unfair for local community and permanent residents to subsidize tourism sector

S94’s should be levied on STHA – having regard to average occupancy rates and numbers in STHA

Additional revenue needs to be generated to cover costs of compliance

Council needs to find extra revenue – such as license fee which could be a defacto “bed tax”

Levy all Byron Bay rentals over xmas, easter, schoolies etc to assist with clean up of debris left on beaches

Fees are regulated under both the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993.

Ensure any fees to be charged comply with the relevant legislation.

Bonds

Bond to be paid to Council each year to pay for after hour rangers

Bond should be paid to owner with each booking, if Police are called then the owner could be fined.

Income from fines could be used for street landscaping.                                                                                                                                                                                                   

Council can not and is not in a position to manage bonds paid by guests.

Land owners and property managers can collect and take bonds from guests. It is understood these are used to pay for damage to property and attendance to property by security guards.

Request DoPE to amend Code of Conduct to include wording in relation to Clause 3.4 that a minimum bond of $250/ adult per dwelling be paid.

Increased costs

Regulation will result in increased costs for land owners

Cost for letting and managing agents will go up which will be passed onto landowners

Does Council have the financial capacity to enforce compliance? Council should have a business plan to show how the strategy is self funding

Planning regulation will penalize and disadvantage property owners and rate payers who provide family accommodation and contribute to local economy

Increased costs will make STHL un-commercial

Increase in insurance premiums for residents due to theft and property damage

Over regulation – too draconian, too costly and penalizes owners who are already doing the right thing.

Any planning controls which finally get adopted will provide a balanced response to ensuring properties and guests are properly managed and ensuring compliance costs are kept at a reasonable level.   

Behavioral management

Like introduction of behavioral management between Council, residence and owners & agents and registration of property

Like the detail – Addresses two issues: Planning controls & behavioral management

Addresses behavioral issues but can be strengthened

Contacts (owner/manager) – practical allows neighbours to know who to contact

Like onus on managers to manage and ownership accountability

Like that it reduces Police call outs

Rules are not too heavy handed

Rules still don’t reflect serious working knowledge of industry. E.g. One size fits all approach. Too heavy handed

The draft management controls seek to put the onus back onto owners and operators to manage their guests and ensure the neighbourhood amenity is maintained. This is reinforced through the industry’s Code of Conduct. Where properties are effectively managed, it is unlikely they will generate complaints to Council or the police, and the need for follow up compliance action.

Guest Rules/ code of Conduct

Like adoption of ‘code of conduct’

Code of Conduct to be displayed inside dwelling and given to guests as well

Support HLO Code of Conduct and self regulation,

State Govt supports self regulation and code of conduct

NSWREI code of conduct to apply – only. Any additional regulation should be minimal in accordance with best practice.

Should be clear and concise outlining the rules for holiday letters and potential for letters to loose there bonds for ignoring rules

Information poster put up in a prominent position in house for guests to read in relation to keeping noise down and to respect residential amenity after dark (example of poster provided – S2014/14318)

Our property is already well managed with stringent terms and conditions for guests and zero tolerance to breaches including eviction and loss of bonds for security call outs and fines – don’t need further regulation

Code or licensing agreement should be signed by guests as a contract which enable eviction for anti social behavior and use of security guards, and forfeiture of bonds

House rules to be specifically designed for the property

House Rules to be provided to Neighbours

Houses that permit dogs – on the proviso that howling distressed lonely dogs will result in complaint to HLO/ Manager/ owner and require 30 minute response – Guests often leave dog locked up for hours while they are out

Code of Conduct requires the land owner/manager to prepare House Rules and prominently display them in the property. Failure to comply with the House Rules can result in the occupant/s being evicted.

Complaints relating to pets should be dealt with as they would for any dwelling and should be directed to the land owner/manager in the first instance.

Complaints

Supports that complaints  to be substantiated

Define substantiated complaint

Substantiated Complaint to include contact person (managing agent or owner) unable to be reached after numerous ph calls

Substantiated complaint to include manager not responding within 30 minutes on 3 occasions as one complaint, or failing to respond within 24 hours as one complaint

A fine by Council or Noise abatement order by Police should count as a substantiated complaint

Night security guard in Byron Bay to attend to noise complaints after 10pm and before 7am

How will Council determine what is a vexatious complaint

Likelihood of vexatious complaints not dealt with fairly

30 minutes response time unreasonable (unrealistic). Should be 1 hour.

24 hour contact person given to neighbouring property owners

How will residents be protected where loud noise wakes them but stops before the manager can arrive within 30 minutes. This can repeat several times a night. Monitoring of noise issues or other problems is after the disruptive event – Shouldn’t be responsibility of neighbours.

What happens after manager has been contacted and they respond to complaint – how will they ensure noise wont restart after they leave?

How does a resident prove their complaint – onus seems to be on the neighbor to prove noise is unreasonable. Can video recordings be used as proof of noise?

Holiday letters have ignored existing LEP – who will ensure they abide by new policy

Council cant force land owners to use HLO to control behavioral problems

Disagree with two strikes and you’re out – unfair on land owner and an attack on our freedoms

After two valid complaints deregister not three

Agree with two strikes in 12 months and you’re out – will weed out bad operators and cowboys for non action who give the good operators a bad name.

Inadequate provisions for how breaches will be managed, including consequences & accountability

Current self regulation doesn’t work - manager of adjacent holiday let property doesn’t manage noisy guests properly.

Draft strategy wont change behavior of guests who believe they have an entitlement to party and are oblivious to impact of their noise generation

Should be a grading for complaints – 2 for DA’s, 4 for complying and 6 for Exempt

Other Councils had used the words “after two written complaint” the use would stop. It was considered that this was neither fair, reasonable or equitable if written complaints could be submitted to Council without verification,  justification or investigation as to their accuracy. The use of the term “Substantiated compliant” will ensure such complaints are valid before a property is deregistered and prevented from being used for short term rental accommodation.

Thirty Minute response time is considered reasonable, especially late in the evening or early morning.  Well managed properties will not generate complaints or need for a response.

Land owners will have options as to how complaints will be managed from self management, to real estate agents to specific professional managers to organisations such as the HLO. 

Compliance

Council must be committed to compliance monitoring and take action promptly when complaints are made and deregister properties accordingly

LEP and DCP provisions will need to be tightly structured to provide “compliance muscle”

Change 12 months to 6 months for compliance with LEP provisions

Council has been inactive in the past in stopping holiday letting at considerable cost to local residents.

Ranger need to be on-call 24/7 throughout the year to provide effective enforcement, deterrence and fines

Like the fact there is going to be some compliance

There has to be a master plan on compliance from Council. Set of rules governing Council compliance. How and who are going to inspect properties. Compliance strategy.

Council does not have the resources to police and or even administer the strategy if holiday letting permitted throughout the shire.  Police are too busy to deal with noise issues at night as they are dealing with serious crime and cant attend straight away

Not enough protection for existing residents

Holiday letting should only be permitted during the school holiday periods and those operating outside school holidays be given a period of up to two years to convert to this arrangement.

How long for Council to issue notices, orders or directions take

HLO is a good vehicle for compliance and Council should work with them, enhance hotline, effectiveness of current controls and assist existing operators and managers to improve self regulation

Examine option of security personnel issuing fines

Council should use existing legislative tools and laws instead of creating new ones to manage holiday letting issues

How is a serious breach defined and who does this?

Clause should be worded so that a breach will result in suspension not may.

How will Council ensure that parking is contained on site? Is regular monitoring of Building Code of Australia, Fire and OHS Issues and street car parking to occur?

Change required on page 35 – Additional resources may be required during peak holiday periods and at other appropriate times to respond to after hour complaints and to collect evidence

Council needs to consider resources to ensure rangers on duty during school holidays and other peak periods outside of normal work hours.

Registration

Amnesty for existing operators to come forward and register

Supported so premises can be inspected in relation to health, safety and fire requirements

After three valid complaints property should be deregistered

Registration should be a condition for exempt, complying and DA consents and undertaken annually and if more than 2 substantiated complaints, registration refused

Cost of registration unknown?

Will register be accessible online to everyone

Should be an offence not to register

What is the legal basis for deregistration for non compliance and more than 2 substantiated complaints

Guests and cars should be registered

Registration could be managed by Council or by an industry group such as HLO, destination Byron etc and properties once registered could be officially recognised etc and required to adopt code of conduct

Change dot point 7 to read

For exempt development, advise when the property will be let for short term holiday accommodation throughout the year having regards to the less than 90 day maximum and school holiday period, and specify start and end dates for every booking period with the number of days that make up the 90 day total.

Add following bullet points

·        STHA must bear all Councils costs for registration, enforcement and compliance

·        Existing STHA must demonstrate that there has been a history of operation with no or minimal impacts on the amenity of the neighbouring properties

·        Councils issues a registration certificate- copy of which must be displayed on the property

·        Web site must be accessible by the public relating to register.

 Develop internet register with IT for Council and operator use and investigate fees for registration

Log Book

Owners /managers should record names, addresses and ph numbers of all guests,  Car registration start and end dates of booking

Owner/ manager/HLO to keep a log book on complaints, time, date, type of complaint, action taken and details provided to Council when required

Owner/ Manager to forward any complaints to Council within two days and advise how it was resolved and any follow up action required from Council

The keeping of a log book by the owner or manager of guests details is generally a good management tool for any sort of tourist or residential accommodation.  Code of Conduct requires the keeping of such information in the event of complaints, and it is also in the interest of owners and managers that such detail is kept and provided to Council in the event of a compliance issue arising.

Signage

Like sign on front fence

Concern about the sign being used by people making vexatious & unsubstantiated complaints.

0.5m² sign on front of property is very large. Should be about 0.2m² in areas and have ID number

Signage should be standardized across shire to avoid visual pollution and be size of a postcard, be in a visible, printed locally, sold by Council to raise money and contain reflective ph # of contact person, registration # and bar code for monitoring by Council

Sign to also have council after hour number for complaints

Signage may advise property is holiday let and therefore empty during the week and subject to increased potential for break-in and or use by homeless etc

Alternative to signs be considered such as notifying surrounding neighbours who to contact if there is a problem

Signage on houses with owners details could be intrusive, intimidating and affect safety and security

Large signs are just free advertising  and will impact on aesthetics and appearance of house

Should be no bigger than 0.25m2

Signage may devalue neighbouring properties as potential residents would not buy a house next to a holiday let

Sign to be .5m x  .4m in area – shouldn’t be for advertising purposes and display registration # and expiry date

Non Approved signage to be removed

Agree – min dimensions should be 0.1m²  up to a max of 0.2m²

Action: Amend signage size to a minimum of 0.1 m² and a maximum of 0.2 m².

Other Signage

Need signage in streets – alcohol free areas

Signage advising it’s a residential area and for people to keep noise down (like near the Arts Factory)

Noted

Management Plans

Must be a statutory document signed by owner and manager

Where change in owner or manager, plan to be signed again and Council advised

If managed by HLO or real estate agent shouldn’t need a management plan

Manger should meet and greet guests on arrival of the following day to check numbers and cars and personally advice house rules, code of conduct

Contingency Plans for the eviction of guests who refuse to leave once agreement has been terminated

Plan of management required for each holiday let

Change j(i) land owner to property owner, Change j(ii) including those opposite the property within a 50 metres radius.  

Add further provisions under j for a contingency plan of security being used to evict tenants after holiday agreement has been terminated

Management plan should be provided to surrounding neighbbours

Outdoor heater and wood fires not permitted in category 1 bushfire prone land

Copy of insurance to be provided to council demonstrating property insured for STHA.

Management Plan requirements have been simplified and align with Code of Conduct requirements for the land owner/manager to prepare House Rules and a Complaints Policy.

Conditions of Consent

Change heading to read Conditions of Consent Must be imposed

Where two complaints received and  validated – an extension will not be granted

Replace longer time frame with 2 years

Code of Conduct to be prominently displayed in the house and provided to tenant on arrival

Swimming pools, spas and outdoor areas etc to comply with 2012 Code of Conduct and POEO Act 1997 and associated noise regulations

Additional visitors limited to 2 person

With the introduction of planning controls, conditions of consent for any application for short term rental accommodation will need to be refined and drafted, in some cases, specifically to the application.

Rubbish

Need appropriate number of bins to serve guests

Littering from broken bottles and cigarette butts

Bonfires on the beach not policed properly

Bins should be put out no sooner than the day before collection and brought in no later than the day after.

Operators should be encouraged to use one of the bin placement and cleaning services – then there is no rubbish issues

Private rubbish bins are being hijacked

Like Garbage management requirements

Provisions for garbage considered a reasonable response to the issue. Where bins are causing a nuisance, neighbours will have the ability to contact managers and or Council to complain. It is anticipated that good operators will wish to avoid such complaints and ensure bins are regularly cleaned and emptied as required.

Parking

Inadequate parking puts stress on street parking

Street vegetation damaged by cars parking on nature strips

2 cars for small homes (up to 3 beds) and 3 cars larger homes

No to more parking - Additional parking is against current DCP provisions

Advertising of holiday lets should stipulate available car parking onsite and guests to nominate number of vehicles

Taxi drop offs late night, early morning result in noise from door slamming etc – disturbed sleep from neighbours 

Car parking for DA’s should apply equally to exempt and complying with all parking (though stacked) provided onsite

Parking rates should be based on area in a house which may be converted to bedrooms similar to medium controls

Stacked parking can lead to excessive vehicle movements and car noise

Parking should be on hard stand areas

Parking rates proposed are considered appropriate

Traffic

Increased traffic in the whole shire a major problem

Ewingsdale Rd often banked up to Industrial estate. Lawson street gridlocked

Traffic issues over Christmas, easter and at other times of the year, caused not so much by holiday letters, but by day trippers 

Fire Safety, Electricity, lighting, pools, Building Code of Australia

Safety devices should be installed for lighting and power circuits to avoid potential electrocution

Battery operated smoke alarms should be permitted in older houses where they can not have hard wired smoke detectors

Nothing in strategy requires compliance with Building Code, fire construction,  disabled access

Will pools be inspected like commercial pools

Emergency lighting in stairwells on buildings which provide egress

For exempt development hard wired smoke alarms etc should be changed to be consistent with what applies to normal housing

Fire alarms in all bedrooms, fire extinguisher in house, alternative egress from upper levels, fire resistant doors and curtains, emergency lighting and  fire drill evacuation procedures posted in all rooms

Major disaster avoided by luck to date – inspections and insurance requirements needs to be greatly enhanced

Timers should be fitted to all outdoor garden lighting so its not left on all night by guests – lighting should be shielded to prevent spill onto neighbours

Evacuation lighting for small 3 bedroom houses not required – No justification for it to be installed

What about disabled access as per BCA and Disability Discrimination Act 1992

Fire safety needs to be enforced to avoid major injury or death,

Decks and balconies should be assessed by engineers for structural safety, and balustrades should comply with the BCA height requirements

Retain requirement for dwellings to have hard wired smoke alarms, evacuation lighting, fire blanket and extinguisher.

All domestic and commercial pools and spas are required to be registered. Council is inspecting pools for compliance with relevant pool fencing requirements. Where fencing is non compliant they have to be upgraded accordingly.

Infrastructure

STP is being overloaded, Peak loads – can they be accommodated

Is there capacity in existing STP’s at Vallances Rd and Byron Bay to accommodate additional load as occupancy of holiday houses will be far greater than 2.4 persons per dwelling

When properties aren’t being holiday let there is no impact on services or demand on water, sewer, rubbish etc

Registration and DA approval will provide Council with a record of number of Holiday let properties and future proof infrastructure.

There is existing capacity in the Shires existing Sewage Treatment Plants, and current properties being used for Short Term Rental Accommodation are being catered for.

Sanitation

With increased numbers staying in holiday lets potential for an outbreak of a contagious disease eg Ebola

Council is unaware of any contagion such as ebola affecting Australia or the local population

Housing

Restricting holiday letting will free up housing stock for long term rental for local workers. Locals wont need to live in the industrial estate

Holiday letting devalues existing properties

Holiday letting has driven up the value of housing and strategy has failed to identify impact on the community in terms of affordable housing

Restricting holiday letting will result in distressed property prices and downward pressure on property prices

Secondary dwellings/ granny flats should not be able to be used as the principle place of residence and then the main house then holiday let.

Holiday letting affects the supply requirements for housing and has resulted in part the State Govt support and approval for West Byron

Incorrect to assume holiday letting has resulted in less affordable housing – this has been caused by Council restricting supply and obvious demand drivers of the desirable location of Byron

Strategy fails to mention the positives that maintained and renovated housing has on general streetscape appearance.

Strategy doesn’t mention problems of long term tenants such as noise and rubbish. Holiday guests are managed by HLO and the owners, issues with permanent tenants will become a problem for Council and the Police

Town will be more vibrant with more  permanent residents especially in quieter months of the year

Property values and affordability are affected by a number of factors, including demand and supply, peoples perceptions, location, views, infrastructure, services and amenities, growth potential and rental returns.

Council has placed a restriction on secondary dwellings not to be used for holiday let purposes or as tourist and visitor accommodation, as the secondary dwelling is to be used as “affordable housing” and approved as such. It is noted there is no restriction placed on the primary dwelling house on the property, and it could be used for short term rental accommodation. In such instances a permanent resident would be residing in the secondary dwelling on the property and would become a ‘defacto’ land manager.

House swapping

Locals who house swap don’t cause the problems

Noted

Alternatives to Holiday letting

Large national and international companies will come to Byron and build resorts and high rise developments and take their profits elsewhere if holiday letting restricted

Alternatives to planning controls could include HLO working through Destination Byron and establishing an accommodation   committee representing all forms of accommodation providers to address visitor needs

Noted

Legal Precedence

Council should not rely on Terrigal Case (Dobrohotoff v Bennic) as it wasn’t appealed and there is a high degree of it being overturned in Supreme Court etc

Council should consider the Salter Case in the Victorian Supreme Court of Appeal which found that a beach house even sporadically used during holidays by short term occupants was a dwelling.

 In the absence of any appeal to the Terrigal Case, and similar to other Councils in NSW, it is recommended that to clarify legality of short term rental accommodation,  Council continue to pursue the drafting and implementation of planning controls for Byron Shire.

Consultation process

There has been a lack of consultation

Needs to be in depth consultation with industry, property owners and NSW Govt

Strategy seems to be forgone conclusion with little consultation with residents and that the matter will be reported back to Council for adoption in early 2015

Exhibitions of strategy not meaningful but an exercise in justifying whatever actions are taken and being able to say we consulted with  community

Lack of industry consultation with preparation of strategy

Proper and appropriate community consultation needed

A referendum on  options needed

In depth review of the concerns and proposals of owners and managers

Council undertake study of financial and social benefits of holiday letting and discuss findings with property owners

The draft strategy was developed in consultation with various stakeholders prior to it being placed on exhibition for public comment.

The draft strategy was exhibited for an extended period of 42 days from the 11 November 2014 to 22 December 2014. Staff also manned stalls at the Byron Bay and New Brighton Farmers Markets and the Mullumbimby and Bangalow Shows to discuss the strategy with residents and visitors alike. 

Residential Amenity

No certainty for residents who want to live in an established permanent residential areas without holiday letting, only certainty for STHA owners

Amenity of many residential areas of town being destroyed

Troublesome holiday let properties can impact on neighbours health, mental wellbeing – neighbours shouldn’t have to deal with drunk, noisey and violent guests – very stressful

Have had my electricity meter box vandalized by holiday letters after we complained about there bucks party

We are considering moving out of Byron to get away from holiday letting

Owners live out of town and don’t suffer from negative impacts

A total ban on houses being used for bucks parties, hens nights, weddings etc like in QLD in all categories of development

We are loosing our communities to holiday makers

Don’t know who my neighbours are anymore as all surrounding houses are holiday let

Residents have a right to peace and quiet

Every potential holiday let should be evaluated for its suitability eg proximity to next door house

Strategy does not protect amenity as it creates a tourist free for all

Where can residents live without holiday letting surrounding them?

Noise from holiday letting affecting residents who have to work go to school etc

Should be a requirement that an acoustic engineer is to certify that noise emitted from the dwelling including amplified music will not exceed 5dBA above background noise

Responsible owners and agents who liaise and talk with neighbours about their property, how its holiday let and lay down the rules to guests do not cause problems

Don’t let Byron become the Gold Coast

Council has in effect sanction 900 existing holiday let operations with no regard to existing residential amenity or duty of care to ratepayers

Council should not be focused on assisting tourist sector but look at its basic responsibilities in relation to roads, potholes, car parking, rubbish, clean toilets and amenities etc

Tourist numbers shouldn’t be increased until Council can demonstrate existing residential amenity and welfare can be maintained

Maintenance activities should be spread over the week and not left to Sundays and Public Holidays – level of activity is excessive as it often occurs in a short period with many staff so not to disturb guests as opposed to more slow paced maintenance by a resident.

Holiday letting has resulted in a loss of community – Population figures for 2006 show a reduction in permanent residents 

The planning controls include provisions to ensure noise and amenity issues can be addressed.

Location of holiday Letting

Should be confined to Byron CBD and surrounding areas

Should be located only at  beachfront Byron, Suffolk and Wategoes

Should not extend further south of Byron Bay Sports fields/ Carlyle Street

Should be confined to R3 zone and prohibited in R2 low density zones

Should use models used in Busselton and Denmark in WA with preferred areas for holiday letting and preferred areas for residential. Holiday letting in residential areas would require a DA with more stringent controls (E2014/84599)

Holiday letting should be in precincts – following areas should be excluded – Any coastal areas zoned 7F1 or 7F2, Suffolk Park, South Golden Beach New Brighton, Western Side of Brunswick Heads or rural and village zones

Rural areas should treated differently from residential areas and not have to go through the same approval and regulation process as rural areas don’t have the same amenity constraints and issues.

Should be permitted only in freestanding houses

Houses to close to side boundaries and to be used for holiday letting not suitable

Holiday letting and residential living cannot co-exist without problems

Should be separate areas for residents and tourists to maintain community cohesion and amenity

Not appropriate near aged car facilities/ retirement village in Cooper St, Byron Bay having to put up with noise and late night music.

Holiday letting is a business which will be permissible in residential areas across the entire shire – no where in Byron will be strictly residential

Should not be permitted in Strata Units where permanents live

Should be a separate precinct for schoolies

Department of Planning and Environment have indicated they will not support a precinct type model as suggested by many of the comments.

Holiday accommodation should be provided in registered places only

Should only be permitted in hostels, backpackers, hotels, B and Bs, holiday apartments, caravan parks etc

There is plenty of legitimate accommodation in town and more planned – shouldn’t be afraid to turn tourist away when the town is full. Norfolk Is limit there accommodation to make experience enjoyable for everyone

Council should facilitate an increase in tourist accommodation in existing tourist zones and remove holiday letting from Residential zones

Noted

Brunswick Heads

Brunswick Hds doesn’t suffer from the party house issues like Byron Bay does

Councils records will indicate there are no compliance issues like Byron Bay as Brunswick Heads is a family destination

Brunswick will be collateral damage to solve problems of Byron Bay

Holiday letting has been co-existing in Brunswick Heads for decades without problem

Proposal will result in many units in Brunswick Heads classified as Serviced Apartments which are prohibited in R2 zone

Other than cleaning no other services are provided that you would normally find in serviced apartments

Local stores/ shops and businesses  need support from visitors and visitors need a place to stay

Holiday letting creates local employment eg cleaners and gardeners

Strategy is a restriction of trade

Increased costs associated with compliance with council requirements could lead to properties being removed from holiday stock and just used from time to time by owners having a devastating impact on local economy

Festivals in the north of the shire, easier access to Brunswick Heads from Hwy upgrades for Qlders, increased costs for camping and caravanning will change holiday demographic for Brunswick Heads

New controls will affect visitor numbers and  towns economy

Proposal is at odds with BLEP 88 which sought to foster this cottage industry to replace closing meatworks and Norco – Co-op and Council didn’t prohibit holiday letting then.

See comments below for  Brunswick Heads Chamber of Commerce

New Brighton and other areas

New Brighton doesn’t have the same issues as Byron Bay

Problems caused by the high rents in Byron Bay resulting families or large groups combining together to afford to stay

Potential for New Brighton properties to be pulled from holiday rental market and just used exclusively by owners resulting in less employment and business in the north of the shire

New Brighton, South Golden Beach, Ocean Shores, Bangalow, Mullumbimby and Rural areas don’t have issues of Byron/ Suffolk Park with Party Houses and should be treated differently

Controls have been simplified

Suffolk Park

Strategy unacceptable to SP Progress Association due to amenity and community impacts,  Council should prosecute illegal holiday letters and protect residential zones

Local flora and fauna adversely impacted by holiday letting

Supports holiday letting only east of Armstrong St

Noted

 Brunswick Heads

Defining units as serviced apartments would mean continued holiday use of these units would be prohibited due to R2 zoning

Limited services are provided and they aren’t serviced apartments

Definition should be amended changing dwelling house to dwellings

Building has been used for holiday accommodation for more than 50 years

Recommended that definition be  amended from dwelling house to dwellings – See above

Brunswick Heads Chamber of Commerce/ Brunswick Tourism

Concern that:

planning controls will result in loss of some 30 Holiday let properties  from existing holiday stock – which would be replaced by permanent cabins in holiday parks

would have an adverse impact on jobs, local economy

unlikely to have any impact on housing in Brunswick Heads

Lack of research for Brunswick Heads

Controls will exclude many of the best located properties east of  Tweed Street

definitions are problematic

Simplify Short term accommodation definition

Make it apply to dwellings not just dwelling houses – this will then cover town houses, duplexes and flats

Serviced apartment definition is vague in terms of what regular means – don’t categorise flats, duplexes etc as serviced apartments etc

Prohibit use of secondary dwellings and granny flats from holiday letting

Registration

How will it be resourced, will fees apply upfront only or annually, How much?

Recommended that:

All properties including Air BNB have to register, fees be on a sliding scale based on number of bedrooms and money raised be used to cover costs of admin and management.

Rates

Disagree with rates being levied – no difference with land owner renting permanently and deriving income, how will this impact on part time operators who also use there dwellings, Any income should come from registration fees, not increased rates

Room, Studio or Unit

A downstairs studio with self contained facilities could be holiday let as exempt, but a ground floor unit, duplex or garden flat could not. Recommend that Council utilise the Gosford Exempt provisions

Air BnB

Difficult to clarify from website whether listed rooms are in a house or are separate unit, flat or studio. More work required to understand this type of holiday accommodation

Bedrooms Numbers

Bedroom numbers are difficult to enforce especially where you may have sleeping nooks etc. recommend that Council base restrictions on numbers of people to simplify.

90 Day exempt provisions

Can result in unqualified/ inexperienced landlords managing holiday lets, how will they be policed, how will they be managed if absentee landlords more than 30 minutes drive away.

Recommended that:

 all accommodation providers be treated the same;

that owners, managers or their representatives have to respond within the set time

Occasional rentals be managed by experienced party with necessary skills

Complaints

What is a substantial complaint, who decides if its vexatious, does council have the resources to deal fairly with complaints.

Recommended that complaints be investigated by approved security personnel and ensure unambiguous process established for dealing with complaints fairly.

Code of Conduct - Supported

Exempt Complying and DA provisions

Three levels too confusing, Most properties in Brunswick are 2 and 3 bedroom holiday rentals, fear many land owners will pull properties from holiday market if have to go through complying and development approval regime

Recommended that only two categories:

Exempt development – 4 bedrooms/ 8 occupants

DA provisions – 5 bedrooms and 10 occupants

General Comments

Fire Safety provisions too onerous – where is the research that backs up exit lighting etc

Submission of a management plan will be costly and onerous

What constitutes a response to a complaint – response time should be one hour

Rules and regulations should be practical and simple to understand, and consequences for failing to comply are clearly articulated and unambiguous

Simplify registration process, do away with complying development and maintain requirement for compliance with code of conduct.

Strategy needs further work, too complex and an amended version should  be re-exhibited again next year

Controls and definitions simplified, likely that most properties in Brunswick Heads will fall into exempt category based on submission that only three properties contain four plus bedrooms.

Byron Bay

Not a party house we focus on families

Guests must abide by house rules displayed in dining room

Council has inspected fire alarms, fire blanket and extinguisher in the past

If unable to rent holiday houses in Byron area my guests have said they would go to Noosa / Sunshine Coast – this would be devastating to local economy, and would result in more single style accommodation being built

Property advertised as accommodating 6 couples and children and groups

Large outdoor pool area impacts on neighbours due to use by tenants

Property leased year round

No guidelines to prevent large groups of men or their behavior (eg swearing, drunkenness, loud yahooing)

House used for bucks parties and strippers

Owner never monitors tenants behavior

Lack of parking

Families with children exposed to lewd behavior

Owner been contacted, but is yet to evict holiday letters who are behaving poorly or fine them.

Established written code be upheld and displayed in every premise by the owner

Noise limit be set eg decibel level

Number of tenants be limited to 8 persons

Exempt be deleted and incorporated into complying

Owner and managers take ultimate responsibility for he code of conduct of the tenants. Penalties apply for breach – could come out of bonds.

All properties are registered and a visible but discreet sign erected for surrounding  residents and with registration number. 

Registration fees apply to pay for infrastructure and be based on number of bedrooms

Owners cant evict long term tenants at Christmas

The term substantiated be defined.

Advertising on dwelling not allowed.

Predominantly housing is used for holiday letting

Made 60-70 complaints to Council, Police, agents, owners or guests

Mainly about noise at night and sometimes parking, antisocial behavior and rubbish.

Holiday makers want value for money and are here to party.

Exempt doesn’t include schoolies or festivals – thanks

Do parking areas include front lawns

Business rates supported

Smoke alarms, evacuation lighting, fire extinguishers are sensible

More accountability to owners

Restrictions on hours for outdoor areas sensible. 

Adjoining property is holiday let – putting up with it for 15 years

Had to put up with 11 schoolies renting 2 bed unit and one camping on the front yard on common land

Disturbed by late night music, 3am party after bars closed,  been threatened verbally and abused

Renters parking in front of our garage blocking access

Using the wrong bins and contaminating recycling

Smashed bottles on driveway thrown from balcony

Complained to owner who advised “ you cant stop me from making money”

Disconnect between holiday makers and residents and what their expectations of Byron should be – incompatible in residential areas

Loss of amenity and community

Current self regulation doesn’t work

Strategy wont have any positive impacts

Holiday letting should be restricted to Shirley St, Lawson St and CBD areas of Byron Bay

Should use existing powers to stop holiday letting in residential areas of Byron Bay

 Suffolk Park

Request gated estate be taken out of holiday let precinct as majority of dwellings in estate are owner occupied

Holiday lets in Estate create noise, rubbish and parking problems

Aarea is high bush prone area and bounded by sensitive Crown land & National Park with an Aboriginal Sacred Site

Adjoining neighbor affected by holiday letting from yahooing, screaming and swimming in pool at 2am in morning

Rang the noisy neighbor hotline many times and sometimes the police

Owner compensated neighbor with carton of beer and asked that he not ring noisy neighbor hotline and would pay him compensation money

House used for bucks parties and schoolies

Guests should be evicted the next morning for unruly behavior

Fines issued to guests and owners

Pools not allowed to be used after a certain hour

Number of guests to be limited and stipulated at time of booking

Property current holiday let – have adopted Code of Conduct and are member of HLO

Any problems reported to HLO hotline and manager and responded to and resolved quickly

Compliment Council on strategy but should be non discriminatory in terms of house size and based more on self regulation and management of behavior then needless bureaucracy

Support registration

Support code of Conduct bedroom and house numbers

Support implementation of immediate response to non compliant behavior

Object to business rates on residential property – don’t believe it’s a business

Strategy doesn’t deal with deferred areas under BLEP 2014

Agree to sanctions for poorly managed properties, but substantiated complaints needs to be defined as does what constitutes bad behavior

Issuing of fines on land owners and recovering costs from guest via holding bonds may be unrealistic considering length of time for issuing of fines

Brunswick Heads

Building contains 4 units above shops built in 1970’s

Units have been holiday let and permanently rented

If rates and costs increased would not consider permanent letting 

 House is holiday let, well managed and agent sign out the front

No to increased rates

Strategy is anti tourism anti social and anti progress

Discriminates against land owners who holiday let and who assist economy in employment of trades, services, gardeners, cleaners etc

We don’t add to Councils costs when house not in use in terms of water, sewer and rubbish collection

Two complaints and your out is unfair

Landlords may start a class action

LEP 2014 Zone Map extract

LEP 1988 Zone Map extract

Indicative Stages

Indicative Timeframe

Council forwards the Planning Proposal to the Department.

The Department carries out the Gateway assessment and returns the Planning Proposal with the Gateway determination to Council (section 56 of EP Act).

COMPLETE

COMPLETE

Completion of required technical information after receipt of Gateway determination, including preparation for community consultation. [The stages after the Gateway determination may be varied by the Gateway determination].

COMPLETE

Community consultation (including public exhibition) for Planning Proposal (section 57 of EP Act).

COMPLETE

Preparation for and conducting of public hearing (section 29 of LG Act), by a person other than a Councillor or employee (section 47G of LG Act).

Preparation of report on public hearing by the person presiding at the public hearing (section 57(7) of EP Act). The report is to be made available by Council for inspection no later than 4 days after Council has received the report (section 47G of LG Act).

COMPLETE

COMPLETE 

Report to Council on outcome of community consultation and public hearing and to seek a resolution to forward the Planning Proposal to the NSW Department of Planning and Environment with a request to draft and finalise LEP amendments relating to LEP 1988 and LEP 2014.

COMPLETE

Department makes arrangements for the proposed instrument to be prepared by PC.

Approval of the Governor obtained by the Department / PC (section 30 of LG Act), content of proposed instrument finalised by PC, an opinion issued by PC that the proposed instrument can be made and Council advised by the Department accordingly.

The proposed instrument is published on the legislation website and becomes effective.

LEP 2014 Zone Map extract

LEP 1988 Zone Map extract

Indicative Stages

Indicative Timeframe

Council forwards the Planning Proposal to the Department.

The Department carries out the Gateway assessment and returns the Planning Proposal with the Gateway determination to Council (section 56 of EP Act).

COMPLETE

COMPLETE

Completion of required technical information after receipt of Gateway determination, including preparation for community consultation. [The stages after the Gateway determination may be varied by the Gateway determination].

COMPLETE

Community consultation (including public exhibition) for Planning Proposal (section 57 of EP Act).

COMPLETE

Preparation for and conducting of public hearing (section 29 of LG Act), by a person other than a Councillor or employee (section 47G of LG Act).

Preparation of report on public hearing by the person presiding at the public hearing (section 57(7) of EP Act). The report is to be made available by Council for inspection no later than 4 days after Council has received the report (section 47G of LG Act).

COMPLETE

COMPLETE

Report to Council on outcome of community consultation and public hearing and to seek a resolution to forward the Planning Proposal to the NSW Department of Planning and Environment with a request to draft and finalise LEP amendments relating to LEP 1988 and LEP 2014.

COMPLETE 

Department makes arrangements for the proposed instrument to be prepared by PC.

Approval of the Governor obtained by the Department / PC (section 30 of LG Act), content of proposed instrument finalised by PC, an opinion issued by PC that the proposed instrument can be made and Council advised by the Department accordingly.

The proposed instrument is published on the legislation website and becomes effective.

Venue

Conference Room, Station Street, Mullumbimby

Date

Wednesday, 1 April 2015

Time

10.30am

Committee Members

Greg Sciffer – Roads and Maritime Services

Snr Constable Anthony Darby – Police

Cr Duncan Dey

Recommendation:

That the minutes of the Local Traffic Committee Meeting held on 6 February 2015 be confirmed.

Report No. 6.1             No Right-turn, Woolworths egress, Station Street, Mullumbimby

File No:                        I2015/277

Senior Constable Hunter of Mullumbimby Police has submitted the following:

To reinforce the condition of No Right Turn via physical measures are limited due to road width, which is approximately 11m at the subject site. It is noted the Police suggestion is for bollards. This is considered inappropriate unless no other structure can fit, such as a median (usually at least 1m wide) or potentially a built kerb of 100mm in width.

While Committee advice on such options is however sought, a recommendation is made that a physical measure of some type is endorsed.  The design will need to consider movement between Station and Tincogan Streets and consultation with Council’s Development Engineers and Woolworths will occur including why such a facility was not originally provided given that the restriction (first a ‘Left Turn Only’, then a ‘No Right Turn’) has existed since the supermarket opened. 

Committee Comments

Advice was noted that the omission of a physical restriction to the right-turn movements was likely due to the subject site, as part of an adjacent development, which along with other conditions upon that development, was determined by the court and not Council; therefore opportunity was lost for Council to apply such a condition upon the development

Management Comments

While the recommendation is supported, Council funds are unlikely to be able to extend to undertaking unplanned works such as being recommended prior to 30 June 2015 and therefore will be done when and as resources and funds permit.

RECOMMENDATION:

That subject to RMS guidelines being met, a physical centre median be installed on Station Street, Mullumbimby at the Woolworths driveway immediately south of Tincogan Street.

Report No. 6.2             Proposed No Stopping, Sunrise Boulevard, Byron Bay

File No:                        I2015/268

Council Rangers have provided the following for Committee consideration:

Figure 2 is below and shows the view from Ewingsdale Road looking north. As shown, the west side is vegetated and the east side provides a shared path. Both sides however provide a narrow verge not suitable for car parking, nor suggests any obvious reason to park, noting that as per Figure 3 off-street parking exists at the sole traffic/parking generator; i.e. the ‘Tourist Village’ camp site.

Figure 2: view of subject site, from Ewingsdale Road looking north

Figure 3 also depicts the measures recommended, namely a 350m length of No Stopping on the west side (inside curve) and  390m on the eastern side (outside curve). Such lengths will cover the problem identified by the Rangers plus assist in reducing the likelihood of shifting the same problem elsewhere within the vicinity. As the recommendation does not impact any adjacent land holders (including the van park which has off-street parking) it is believed consultation is not required.  Council however may wish to decide otherwise. As matter of course however the van park and closest resident (at #96) will be notified of the changes if they proceed.

Figure 3: recommended No Stopping

Committee Comments

·    Given the concern is the legality and safety of the parking that occurs, the Committee suggest an alternative option, that being the removal of the two lanes northbound and that one be provided instead.

·    This will require removal of existing pavement markings and if needed new line marking to demarcate travel lane and road edge. Consideration for on-street parking  and width to accommodate passing of right-turning (entry) traffic to the tourist village can also be considered and implemented as appropriate/needed. 

Management Comments

While the recommendation is supported, Council funds are unlikely to be able to extend to undertaking unplanned works such as being recommended prior to 30 June 2015 and therefore will be done when and as resources and funds permit.

RECOMMENDATION

That the two northbound traffic lanes as marked on Sunrise Boulevard, Byron Bay at and adjacent to the entry of the Byron Bay Tourist Village be removed and if required          line marking be undertaken to reconfigure and provide one northbound travel lane only, with implementation to include passing space subject to standards being met.

Report No. 6.3             Entry-exit treatments, Mullumbimbi Lane, Brunswick Heads

File No:                        I2015/269

Committee Comments

·        noted the proposed road hump should be set back at least one vehicle length from the end of the laneway, or two humps be considered, and either option be signed accordingly 

·        a ‘watts’ profile for the hump is preferable but the depicted option is acceptable subject to meeting applicable requirements and on the basis of low speed and low volume laneway which primarily carries destination traffic as opposed to through traffic 

Management Comments

·    Committee preference is noted however incurs greater costs whereas what is recommended seeks to address the issue and believed appropriate in this low speed and low volume environment

·    Nevertheless, any of the options represent unplanned works and therefore unlikely to be delivered prior to 30 June 2015 and therefore will be done when and as resources and funds permit, noting s94 funds may be one funding option available

RECOMMENDATION:

1.       That where Lane 6 (aka Mullumbimbi Lane) Brunswick Heads intersects with Park Street the following be implemented:

a)      the Give Way hold line be extended west to align with existing edge lines

          on Park Street;

b)      white edge line marking be installed through the intersection; and

c)      a physical kerb blister be installed on the north-west corner.

2.       That where Lane 6 (aka Mullumbimbi Lane) Brunswick Heads intersects with The Terrace the following be implemented:

a)      at least one physical road hump, and no more than two, be installed in the laneway, which is west of the building line and at least one vehicle length from the intersection, and appropriate advisory signage be provided; and

          b)      on the north-east corner, a physical kerb blister be installed plus a Give Way                   sign be provided at the intersection.

Report No. 6.4             Cul-de-sac, St Finbarr's Primary and Byron Bay High Schools

File No:                        I2015/281

An onsite meeting with the schools was held 24 March 2015.  This was convened as a follow up to a previous onsite meeting held June 2012 with Police, schools and Council/LTC, after which Council resolved as follows:

12-505 Resolved:

1.    That Council note the Committee held the on-site meeting with stakeholders of both the Byron Bay High School and St Finbarr’s Primary School on Tuesday 5 June 2012 as per Council resolution 12-294.

2.    That the comments from the on-site meeting be noted and progressed where possible with a report back to the Committee and Council provided in due course.

The comments will be provided at the Committee meeting as taken from the April and June 2012 LTC reports (Council report files numbered 1214453 & 123981 respectively).

Many of the same issues raised in June 2012 exist and were raised on 24 March 2015 meeting.

One includes the primary school DA condition in which they are to provide a roundabout once they reach 230 students or more. This is considered in some quarters as onerous and discussion is to be had with relevant parties as to potential modifications.

One option could a ‘seagull’ type treatment as used on Ewingsdale Road at Bayshore Drive for example which provides turning traffic a merge lane before entering the travel lane. The school site however is restricted and a non-standard (non-conforming) ‘seagull’ is considered a likely outcome, and therefore questionable in terms of safety and improved efficiencies, i.e. a truncated merge lane may end up only providing further ‘storage’ and not the length required to gain speed to join through traffic. This can also lead to vehicles in travel lane being unexpectedly stopped to allow merging to occur.

More immediately however is changes to the bus zone signage in the cul-de-sac (as per recommendation made and purple lines in map below) and the need to review several matters, including as numbered on the map:

1)   a separate and longer outbound lane for left-turning traffic, who are often held up and congesting the cul-de-sac due to the delayed (and dominant) right turn movement out;

2)   modification to the bike/walk path at the frontage of the schools, including consideration of making the road crossover safer as cyclists often cross the road/traffic at speed;

3)   providing car parking on the street frontage, so as to reduce numbers entering the cul-de-sac;

4)   a pedestrian crossover that is distinguished from the road/cul-de-sac.

Committee advice on such suggestions is sought, noting the schools have been advised the warrant for a marked pedestrian crossing can be checked but considered unlikely to meet warrants either within the cul-de-sac or on the main road itself, for example to replace the existing refuge north. Within the cul-de-sac however a combined raised crossover/platform could be considered.

Discussion also included providing a kerb side bus zone at the school frontage however advice suggests this would benefit the only south bound bus with the rest required to run right and head north, a movement which would be assisted by a roundabout more than a ‘seagull’.

Committee Comments

The Committee noted the information provided and had no comments in relation to this item.

Management Comments

It is noted many of the concerns raised are not new and ongoing for some years. Resolution however is expected to require funding and preferably with school contribution. This matter however can be further addressed at the time it is reported back as recommended.

RECOMMENDATION:

1.   That the bus zones except one at frontage of both Schools be signed as operational school days only 8am – 9.30am and 2.30pm – 4pm.

2.   That Council note the onsite meeting as held 24 March 2014 with the Schools and the options to be explored further with consultation to occur with stakeholders and a report to be provided back to Council.

Report No. 6.5             School bus route approval, Mullumbimby-Wilson's Creek-Huonbrook

File No:                        I2015/282

Gary Hughes has operated for many years the same school bus route and service which travels from Mullumbimby to Huonbrook via Wilson’s Creek Road and public school.

In an e-mail dated 27 March 2015, the operator however has advised that his contract (N1060, which is for 12.5m long vehicles) with Transport for NSW requires Council approval of the route. The e-mail included two attachments, one being a map and the other a list of roads included on the route as below for the two AM and one PM services.

As the route is existing and operated for years, and the operator wishes to continue such operation and other than concern for the school bus zone at Wilson’s Creek Public School (see separate report) has raised no concern regarding the route to Council attention, it is recommended approval be granted.

AM Route [i]

Depart Depot along Smith Street, turn left into Manse Road, right into Argyle Street, right onto Burringbar Street, left into Dalley Street onto Jubilee Avenue onto Coolamon Scenic Drive, right into Wilson’s Creek Road continue along Wilsons Creek Road turn left onto Huonbrook Road until Quarry.  Turnaround for First pick-up continue back along Huonbrook Road , right onto Wilsons Creek Road , left onto Coolamon Scenic Road onto Jubilee Avenue until Mullumbimby High School ,  turnaround Jubilee Avenue , right into Azalea Street left onto Left Bank Road travel until Shearwater Steiner School , turn right onto Left Bank Road right into Azalea Street left onto Jubilee Avenue onto Dalley Street , turn right into Burringbar Street , right onto Argyle Street , left into Prince Street , right into Poinciana Street , right into Morrison Avenue to Mullumbimby Public School , right into Argyle Street , onto Burringbar Street , right onto Burringbar Street , left onto Coolamon Scenic Drive  turn right into Casaurina Street travel until St Johns Primary School

AM ROUTE [ii]

Turnaround back along  Casaurina Street , turn left onto Coolamon Scenic Drive onto Tincogan Street , right into Dalley Street ,   onto Jubilee Avenue onto Coolamon Scenic Drive , right into Wilson’s Creek Road continue along Wilsons Creek Road turn left onto Huonbrook Road until Quarry . Turnaround for First pick-up continue back along Huonbrook Road , right onto Wilsons Creek Road , travel until Wilsons Creek School , depart School continue back along Wilsons creek Road , turn left onto Coolamon Scenic Road onto Jubilee Avenue, onto Dalley Street , right into Burringbar Street onto Argyle Street , left into Manse Road , right into Smith Street until Depot.

PM Route

Depart depot along Smith Street , turn left into Manse Road , right into Argyle Street , right onto Burringbar Street , right into Dalley Street , left onto Coolamon Scenic Drive , turn right into Casaurina Street until St Johns Primary School. Turnaround travel back along Casaurina Street , turn left into Coolamon Scenic Drive onto Tincogan Street , right into Station Street , left into Argyle Street , left into Prince Street , right into Poinciana Street , right into Morrison Avenue until Mullumbimby public School , right into Argyle Street , onto Burringbar Street , left into Stuart Street , right into Whian Street , left onto Coolamon Scenic Drive , right into Azalea Street left onto Left Bank Road travel until Shearwater Steiner School , turn right onto Left Bank Road right into Azalea Street left onto Jubilee Avenueto front of Mullumbimby High School . Turnaround continue along Coolamon Scenic Drive , turn right into Wilsons Creek Road , travel until Wilsons Creek Public School , continue along Wilsons Creek Road , turn left onto Huonbrook Road until Quarry. Turnaround For Last stop continue back along  Huonbrook Road , turn right into Wilsons Creek Road ,. turn left onto Coolamon Scenic , onto Jubilee Avenue, right into Burringbar Street onto Argyle Street , Left into Manse Road , left into Manse Road , right into Smith Street until Depot.     

Wilsons Creek service currently in operation as follows services west of the Wilsons Creek School and is affected by the lack of bus bay infrastructure , with children having to cross the road on the PM service .

Committee Comments

·        the contract is a matter between the Operator and Transport NSW, however this Committee’s preference is for a vehicle small enough to be safely used for the road conditions that exist

·        That at this time the Committee has a number of safety concerns which are in the process of Council / Department of Education / Transport NSW working together to resolve, these however mainly relate to the school bus zone and operations at the Wilson’s Creek school

·        due to issues being currently worked through with Department of Education and Transport NSW, those Departments need to be involved in considering the issues, including if necessary, variations to Contract N10160

·        The wording of the recommendation needs to reflect the Committee’s concern about safe operations at the Wilsons Creek Public School

Management Comments

·        While the committee recommendation is noted it is not supported given the restriction it will      apply on the school bus operator (which is a matter of their contract with NSW Transport)    plus the fact the Committee concern for ‘safe operations at the Wilsons Creek Public        School’ is a matter that can be captured in item 6.8 further below

·        It is also noted that the same operator is seeking Council approval for the routes used in their   second contract (N2903) which follows the same as AM route [i] with exception of Huonbrook        Road. This and other variations will be detailed in the cover report to Council (I2015/329)

RECOMMENDATION:

That Council recognises the need for the service under Transport for NSW Contract N10160, however notes that there are a number of safety concerns at Wilsons Creek Public School currently being examined and that because of the site limitations a smaller vehicle is required. 

Report No. 6.6             Proposed No Parking, 310 Skinners Shoot Road, Byron Bay

File No:                        I2015/272

Committee Comments

The Committee requested this item be brought back to the June Local Traffic Committee Meeting, with further clarification provided.

Management Comments

Nil

RECOMMENDATION:

That the request for No Parking signs to be installed on the east side of the widened sealed area south of the driveway at 310 Skinners Shoot Road, Skinners Shoot be further clarified and brought back to the June 2015 meeting of the Local Traffic Committee.

Report No. 6.7             Proposed No Stopping, Village Greens Grocer, Brunswick Heads

File No:                        I2015/274

Chair of the Committee has sought any further information available in regard to the subject site and the proposal as tabled below following a recent accident.

The subject site is addressed as 23 Old Pacific Highway and is approximately 100m north-east of Bayside Way. The site is a combined fuel station and green grocer and provides onsite parking.

At times this parking extends beyond the site, noting that marked bays for two vehicles are within the road reserve. To this end, Committee advice on such arrangement is sought including their potential removal.

However should they remain (at least for now), the recommended minimum lengths of marked No Stopping is depicted below and would be implemented by a mixture of signs and line marking, noting line marking only would be installed in the middle adjacent to the existing parking bays in question.

The section north from the site extends to approximately 45m in length so as to incorporate the existing shared cycle/pedestrian crossover.

Figure 1: subject site and recommended length of No Stopping

Committee Comments

·        noted the business owner should participate in helping to resolve this issue

·        a barrier would provide better definition to the exit / entry points to the site

·        northern side should be ingress only, with southern side egress only

Management Comments

The Committee comments are noted and to be considered when undertaking the recommendation which puts onus on staff to resolve with the tenant/owner of the site, noting that any regulatory approval that is required will be tabled back to the Committee in due course.

RECOMMENDATION:

That staff liaise with the business owner of Village Greens Grocer, Brunswick Heads about better definition of entry and exit arrangements and about methods of preventing vehicles parking too close to the carriageway.

Report No. 6.8             Bus Zone Options and Design Plan, Wilson's Creek Public School

File No:                        I2015/283

Both the school and the bus operator hold concerns for the safety of the existing school bus zone and current arrangements for pick up and set down. This concern has led to a review of a previously endorsed design plan:

08-614 Resolved:

1. That the interim measure for a temporary bus bay on the northern side of the road, as proposed for Wilsons Creek Primary School, be supported and conveyed to the School.

2. That funding options for the more permanent measures proposed of a formal bus bay, footpath and retaining wall be investigated.

The need for undertaking any changes had been lessened during the years the landslip resulted in one-lane operating under traffic control (temporary lights).

The design plan will be tabled to the Committee which is plan no. 1906 for an indented bus zone  on the school (north side) of the road and plan no. 1907 for a turn around circle built at the Fire Station west of the school and have been costed respectively as $171,014 and $117,899.

Council do not have the funds to proceed with the project and a submission to RMS under the Safety Around Schools is recommended.

More immediately is the problem raised by both school and operator regarding the existing school bus zone opposite the school on the south side. It requires children to cross the road and approach sightlines are limited. The operator is seeking this removal as why it exists they must use it and ask that the zone be implemented on the north side and contra-flow arrangement be permitted as shown.

Committee advice is sought.

Committee Comments

·        noted the bus company’s contract could be modified so he is paid for the extra kilometres        he is travelling to turn the bus around safely

·        RMS not prepared to support the contra-flow arrangement requested by the bus operator

·        RMS representative prepared to lobby Transport NSW to allow a new contract to be       approved whereby the bus operator is re-imbursed for extra kms travelled as part of safe turnaround requirement

·        Department of Education should be involved in assisting with resolution of issues

·        noted sight lines may be too poor to allow for a School Crossing, however this option is   worth of investigation

·        the use of traffic controller is not sustainable however the school or Dept of Education could    look to implement subject to approvals and funding

Management Comments

·        part 1 and 4 of the Committee recommendation is supported

·        An alternative Management recommendation however will tabled to council (as per report        I2015/329) in regard to Part 3, as well as part 2 on the same grounds as cited in related item above (no. 6.5)

RECOMMENDATION:

1.       That the request for a contra-flow movement at Wilsons Creek Public School,        requested by the bus operator, not be supported.

2.         That the vehicle used for carrying students be small enough so that it can turn around safely at the Fire Station (west of the School), plus somewhere east of theSchool (eg Koonyum Range Road intersection) and will set down and pick up only on the northern side of Wilsons Creek Road.

3.       That turn around provisions be provided both east and west of the School.

4.       That the information be forwarded to the Department of Education and Transport          NSW, with a view to them being involved in seeking a resolution to the issues raised.

Report No. 6.9             No Parking - Authorised Vehicles Excepted, 52-54 Jonson  Street, Byron Bay

File No:                        I2015/275

Both the Police and Council maintenance/works staff have lodged requests for the creation of dedicated parking space in Byron Bay to assist with their operations. Both (and independently of each other) nominated the same site which was used previously prior to the ambulance station closing and relocating at the subject site which is shown below.

Also shown (yellow lines) is the two most recent bays created as part of the development that replaced the ambulance station and the approximate 17m length (purple line) to which this No Parking with exemption would apply.

It is noted a similar arrangement has been established at the Police station frontage on Shirley Street, Byron Bay and that Council ‘authorised’ vehicles does not extend beyond workplace branded operational vehicles engaged at the time of parking for work related duties.

Committee Comments

The Committee had no comments to make in relation to this item.

Management Comments

Nil

RECOMMENDATION:

1.       That RMS standard signs for No Parking (R5-40) with supplementary plates (R9-229), which are to state ‘Byron Shire Council Authorised Vehicles Excepted’, be installed on the west side of Jonson Street, Byron Bay between 7m south of the Byron Street laneway entry to Lawson Street south car park and the angle car parking to its south.

2.       That Council note vehicles exempt from the No Parking are those clearly marked as either Police or Byron Shire Council and are undertaking active, operational duties at the time of use. 

Report No. 6.10           Request for No Parking, Grevillea Street, Byron Bay Arts & Industry Estate

File No:                        I2015/276

Council has received requests from three different sources for parking restrictions on Grevillea Street which is within the Byron Bay Arts and Industry Estate some 3km west of the town centre. Figure below depicts all three requests and a fourth as proposed by staff.

All three requests look to address a similar problem, i.e. current parking practice is for people to park close to (or encroach over) driveways making large truck and vehicle access and egress difficult. 

The request shown by the pink line is lodged by JH Williams who trade at number 10 who along with the trader opposite (at number 15) support the No Stopping depicted, which is on the inside curve and covers an approximate length of 34 metres. This will retain unmarked parallel parking lengths of (approximately) 54 metres (9 cars) from 3m east of the eastern driveway at 9-11 Grevillea Street and 6 metres (1 car) immediately west of number 15, therefore adequate on-street parking space will remain.   

Recommended No Stopping lengths and source of request

The request shown by the yellow line is from Byron Bay Classic Paint and Panel who share the premises at 9-11 Grevillea Street with another tenant (Byron EasyBus) who are reportedly supportive and would also benefit of the proposal. As such it is recommended No Stopping be installed as shown which is from the east side of the driveway at #7 through to 3m east of the western driveway at 9-11 Grevillea Street plus a second section being to 3m either side of the eastern driveway. This will result in real terms of 1 car length (or 9m) lost from on-street parking.

The third request (shown by the red line) is from Leisurecape Gardens and Design Centre who have four driveways across two properties at numbers 2 and 4 Grevillea Street. Given the short distance between the three western driveways it is recommended if parking restrictions are to apply then all three driveways be covered, while across the fourth (and most eastern) driveway any restriction need not extend beyond 3m either side.

The fourth section shown above (green line) is only recommended by staff should the above three requests proceed to ensure on-street parking does not simply shift the problem to the curve shown.

While it is not typical nor required to place restrictions across driveways it should be noted that the proposal extends beyond just the driveway crossovers, is based on line marking only and it is unusual in that three traders (with others supporting) have come forward with these requests seemingly independent of each other.

Committee Comments

The Committee noted number 6 Grevillea Street should be included, subject to consultation with the land owner.

Management Comments

Nil

RECOMMENDATION:

1.       That No Stopping be line marked as described and depicted in report no. 6.10 (file          I2015/276)           between numbers 2 and 15 Grevillea Street, Byron Bay Arts and Industry      Estate.

2.       That No Stopping also be line marked 3 metres either side of the driveway at          number 6 Grevillea Street, subject to concurrence of the land owner.

Report No. 6.11           Request for No Stopping, Bayshore Drive, Byron Bay

File No:                        I2015/279

A roundabout has recently been completed and now operational as part of an approved development (Bunnings) at the intersection of Bayshore Drive and Grevillea Street in the Byron Bay Arts and Industry Estate.

The subject site is shown, as is the request to extend the No Stopping to a 20m length on the west side, north of the intersection, to assist with bus movement who have advised they are impeded by on-street parking in this location.

An alternative option however is to instead make much of the same length a bus zone thereby ensuring no parking occurs and a dedicated bus space is provided for pick up and set down of passengers. The bus company need or support for a bus zone is being sought to help inform the Committee recommendation further.

Committee Comments

·        The Committee support inclusion of a bus zone subject to bus operator concurrence.

·        The Committee noted that demand for parking is increasing due to increased trade (eg café,    food suppliers) and that time limits be considered noting that a 1P limitation as approved by        Council (14-641) has established a precedent

Management Comments

·        Bus operator concurrence has since been obtained

RECOMMENDATION:

1.       That on the west side of Bayshore Drive, Byron Bay commencing immediately north of           Grevillea Street, No Stopping applies for a 10m length, after which a dedicated area for           bus pick up and set down is provided.

2.       That Council consider the continuity of parking time limits on Bayshore Drive between

          Grevillea Street and Julian Rocks Drive, Byron Bay.

Report No. 6.12           Proposed No Stopping, Council Depot, Bayshore Drive, Byron Bay

File No:                        I2015/280

Committee Comments

·        noted ‘Loading Zone’ allows any vehicle to park in that zone to load or unload, which may         hamper Council plant needing to use the pumping station situated with the zone

·        No Parking has a two minute limit, which is not enough time for Council plant to use the pumping station situated with the zone, hence need for signed exemption