13.4 - Attachment 1
Planning proposal
for short term
rental accommodation in Byron Shire
(Byron
Shire Council)
Authority ref: 26.2015.5.1
V21 GATEWAY
VERSIONateway
Version (#E20165/598551602646215)
(Authority ref: 26.2015.5.1)
15 JulyULY 20152815
September 2015March 2016
DPE reference PP_2015_xxx
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Document History
|
Doc No.
|
Date
Amended
|
Details
Comments eg Resolution No.
|
|
E2015/46215
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July 2015
|
Version 1 - sent to
Department of Planning and Environment for Gateway Determination
|
|
E2015/59855
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September 2015
|
Version 2 - revised Planning
Proposal in accordance with Gateway
Determination
|
|
E2016/16026
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March 2016
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Version 3 – revised
following consultation
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Purpose. 1
Property details and existing
zones. 2
Background.. 2
Part 2 Explanation of provisions. 3
Part 3 Justification.. 665
Section
A - Need for the planning proposal 665
1 Is the planning proposal a
result of any strategic study or report?. 665
2 Is the planning proposal the
best means of achieving the objectives or intended outcomes, or is there a
better way?. 665
3 Is there a net community
benefit?. 665
Section
B
- Relationship to strategic
planning framework. 665
1 Is the planning proposal
consistent with the objectives and actions contained within the
applicable regional or sub-regional strategy (in this case the Far North Coast
Regional Strategy)?. 665
2 Is the planning proposal
consistent with the local Council’s Community Strategic Plan, or other local
strategic plan?. 7765
3 Is the planning proposal
consistent with the applicable State Environmental Planning Policies (SEPPs)?. 776
4 Is the planning proposal consistent
with applicable Ministerial Directions (s117 Directions)? 8876
Section
C
- Environmental, social and
economic impact 24242422
1 Is there any likelihood that
critical habitat or threatened species, populations or ecological communities,
or their habitats will be adversely affected as a result of the proposal?. 24242422
2 Are there any other likely
environmental effects as a result of the planning proposal and how are they
proposed to be managed?. 24242422
3 How has the planning proposal
adequately addressed any social and economic effects? 24242422
Section
D
- State and Commonwealth
interests. 24242422
1 Is there adequate public
infrastructure for the planning proposal?. 24242422
2 What are the views of State and
Commonwealth public authorities consulted in accordance with the gateway
determination?. 24242422
Part 4 Mapping.. 26262624
Part 5 Community consultation.. 26262624
Part 6 Project timeline. 26262624
Summary and conclusions. 26262624
Appendix 1 – Short Term Rental Accommodation Action
Plan
Error! Hyperlink reference not valid.Error! Hyperlink reference
not valid.Error! Hyperlink reference
not valid.Appendix 2 - Holiday Letting
Strategy Discussion Paper
Error! Hyperlink reference not valid.Error! Hyperlink reference not
valid.Error! Hyperlink reference not valid.Appendix
3 - Draft Short Term Holiday Accommodation Strategy
13.4 - Attachment 1
Part 1 Introduction
The purpose of this planning
proposal is to introduce a special provision to define and then require
development consent for short term rental accommodation. It also establishes
the circumstances in which short term rental accommodation would be exempt
development.
At the Byron Shire Council
meeting of 30 April 2015 Council considered the need to amend its new LEP to
permit short term rental accommodation and resolved as follows:
15-186 Resolved
that Council:
1. Adopt the Byron Shire Short
Term Holiday Accommodation Action Plan, Attachment 1 (E2015/14847) subject to
the following amendments:
a) amend the planning controls
to remove all references to ‘40m’ limitation applying to occupiers of separate
dwellings in relation to making complaints about the short term rental
activities taking place on a property (eg. at Action 5c in the Plan);
b) further amend the planning
controls at Action 6c in the Plan to change “$250/adult” to “$250 per adult”;
c) amend the planning controls
relating to signage to read: ‘An A3 size sign, in accordance with Council’s
template, is to be placed where it can clearly be seen from the public domain
(eg footpath) advising the public of the land owner's or property manager's
details including telephone number in 40mm font to enable complaints to be
readily made, and wording to advise that the property is ‘Registered with Byron
Shire Council’;
d) include a new action ‘Develop
Signage Template for use by landowners/managers in accordance with the planning
controls. Timeframe: prior to LEP amendments being gazetted. Cost: existing
budget’;
e) change the Actions to ensure
that for dwellings (of any size)where the dominant use of the dwelling is short
term rental accommodation, development consent is required and other references
in the documents be adjusted accordingly;
f) clarify wherever needed,
that the standard is the total number of occupants being no more than the
equivalent of 2people per bedroom; and
g) exclude from the calculation
of total number of occupants children under 5 years of age.
2. Prepare
a planning proposal to amend Byron LEP 2014 in accordance with the proposed planning
controls in Attachment 1 (E2015/14847) amended as in part 1 above and submit the
planning proposal to the Department of Planning and Environment for a Gateway
Determination.
3. Request
the Department of Planning and Environment to delegate to Council the
preparation and making of the LEP amendment.
4. Publicly
exhibit the proposed amendments to DCP 2014 in Attachment 1 (E2015/14847)
The first two recommendations
of the Byron Shire Short Term Rental Accommodation Action Plan are that:
· Council
insert exempt provisions in Schedule 2 (LEP 2014) for Short Term Rental Accommodation
· Council
insert new clause 6.10 Short Term Rental Accommodation (LEP 2014),
as
detailed below to enable development applications.
This planning proposal directly affects all land within
zones where dwelling houses are permitted under Byron LEP 2014. This currently
includes RU1 Primary Production, RU2 Rural Landscape, RU5 Village, R2 Low
Density Residential, R3 Medium Density Residential, R5 large Lot Residential,
and B4 Mixed Use.
The Byron Shire Short Term Rental Accommodation Action Plan
is the culmination of a process to develop structure and planning controls
around the long practiced use of holiday letting dwellings in Byron Shire. The
process commenced in 2013 with key stakeholder workshops that continued into
2014. From these workshops a Discussion Paper was prepared for key
stakeholder’s consideration. Comments on the Discussion Paper then led to the
development of a Draft Short Term Holiday Accommodation Strategy that was
publicly exhibited from 11 November to 22 December 2014. Over 150 submissions
were received including two from state government agencies (DPE and RFS).
Council considered a report on the submissions at the 30 April 2015 meeting.
The decision to amend LEP 2014 was made at that meeting.
The Byron
Shire Short Term Rental Accommodation Action Plan is at Appendix 1. Other
recommendations from this Action Plan will be implemented over time.
The intended outcomes are to be achieved by an amendment to
Byron Shire Council LEP 2014 as follows:
· Insert
a new clause 6.10 into Byron Shire LEP 2014, Part
6, Additional Local Provisions to require consent for Short Term Rental
Accommodation as follows:
The objectives
of the clause isobjectives of the clause are to enable
dwellings that are located in a zone where dwellings are permitted, to be used astilised to provide
short term rental accommodation by tourist and
visitors accommodation on a
commercial basis with development consent. It is also
intended tThe clause will alsoshould
limit the maximum number of occupants to two ( 2)
per bedroom, with an exclusion for ding cChildren
under 5 years of age. The clause willould
not limit the size of the dwelling or the number of bedrooms. It will and would
provide a means for those land owners to seek an approval if their short term
rental activities or the dwelling did not
satisfy the exempt provisions.
And
· Insert exempt
provisions in Schedule 2 (LEP 2014) for certain Short Term Rental Accommodation
(STRA) in order that in some
circumstances it can be undertaken as exempt development as follows:
The objectives of the exempt clause are to enable
some dwellings to be used as short term rental accommodation by tourist and
visitors on a commercial basis The objectives
of the exempt clause is to provide guidance where a
dwelling can be used for Short term rental
accommodation purposes
for tourist and visitors without
needing development consent. All of the following
circumstances must be met in order to Such
circumstances includebe exempt development:
1. Limitsing
the use such use to
less than a maximum period of 90
days in a calendar year.
2. The
dwelling is located in a zone where dwellings are permitted under Byron LEP
2014.
3. Limitsing the size
of the exempt dwelling house to 3 bedrooms and the number of occupants to two
per bedroom, excluding with cchildren underless than 5 years of
age excluded.
4. Provision and regular
servicing of suitable garbage and
recycling bins and there regular servicing.
5. Where a dwelling is located
within a Ccommunity Ttitle or Sstrata Sscheme ensure the
owners corporation support is required to the use of the
dwelling for short term rental accommodationSTRA purposes.
6. If the
dwelling is located in a bushfire prone
area require a Bushfire Safety Authority tomust be obtained
from the NSW Rural Fire Service under S100B of the Rural
Fires Act 1997 prior to the dwellings use.Prior to commencement, where
the dwelling is located on mapped bushfire prone land, a bushfire safety
authority under Section 100B of the Rural Fires Act 1997 shall be obtained and
all conditions of the Bushfire Safety Authority must be
complied with.
7. The
dwelling is to have hard wired smoke alarms,
evacuation lighting and a fire blanket and extinguisher
in the kitchen.
8. Excludese properties
that generate more than 2 substantiated complaints
concerning the short term rental activities taking place on the property from
the occupiers of separate dwellings in the vicinity of the
subject dwelling over a 12 month period
9. Requiresing the owner or manager of a property used for short term
rental accommodationSTRA to
register their property onon Council’s Short
Term Rental Accommodation Registers Short Term Rental Accommodation
register
prior to the initial use.
10. Ensuresing the dwelling complies with the Holiday
Rental Code of Conduct endorsed by the Department of Planning and dated March
2013.
11. Requiresing
the land owner or property manager to be contactable
24 hours 7 days a week to be able to respond to complaints from neighbours
within 30 minutes to deal with issues regardingsuch as noise,
parties, anti social behaviour which are affecting the
residential amenity of the neighbourhood.
12. Requires ements for an
A3 Ssize Ssign to be
placed at the front of the property so it can be clearly seen
from the public domain advising the public of the land owner’s or property
manager’s details including telephone number to enable complaints to be readily
made at any time of the day and wording to advise that the property is
‘Registered with Byron Shire Council’.
1.
Adequate Car Parking is provided onsite with one space for 1 – 2
bedroom dwelling or 2 spaces for a 2 bedroom dwelling. The car parking controls
under
DCP 2014 are to be amended to reflect these car parking rates.
1.
The dwelling to have hard wired smoke alarms and evacuation
lighting to assist
residents in the event of a fire and a fire
blanket and extinguisher in kitchen.
1.
The use of the dwelling is not to
impact on the residential amenity of surrounding neighbours and to comply with
the Protection of the Environment Operations Act 1997 and associated Noise
Regulations. In
particular outdoor
areas including swimming pools, spas, outdoor decking and balconies are not
to be used between the
hours of 10pm and 8am, and measures to limit visitors to 6 persons between
the hours of 8am and 10 pm with no visitors
after 10pm. This is
to limit the ability of dwellings being used as party houses and for other
functions.
1.
Measures to exclude additional
accommodation being
provided on site by
way of tents, (including tee pees) caravans, campervans or the like.
The
original Planning Proposal included an exempt
clause for Short Term Rental
Accommodation comprising 18 sub-clauses. The Gateway
Determination dated 31 August 2015 required that Part 2
(Explanation of Provisions) of the The planning
proposal has beenbe reviewed and amended
to provide a so that there is only a plain
English explanationversion of the
clause, as above . It as listed
above. The Gateway
Determination dated 31 August 2015 also required
that Council demonstrate how the additional exempt
development provisionsrequested
could be the matters be reviewed in terms of
how the controls could be enforced or complied with. In
reviewing the exempt clause, staff liaised with the Department resulting
in the clause being refined with some sub-clauses
removed as detailed below. TThe
following information provides context as to what Council is
trying to achieve with the exempt clause.
The exempt
provisions have been considered in part on what has been
acceptable to the Department of Planning with the making of Gosford LEP 2014 and Wyong
LEP 2013. There is a concern as to
how tourist and visitor accommodation can be provided on bushfire prone land in
relation to the Rural Fires Act 1997. It is Councils
opinion that a dwelling located on bushfire prone land is to be used
for the purposes of providing STRAtourist
accommodation, will require a Bushfire
Safety Authority under Section 100B of the Rural Fires Act 1997 is necessary. The
Gateway Determination requires Council to consult further with the NSW Rural
Fire Service and to take into consideration any comments made as per the S117
Direction 4.4 Planning for Bushfire Protection
It is proposed that a to establish
a Short Term Holiday Rental Accommodation register Register be
established on the Council’s web site.
The register will be interactive and enable landowners to register their
properties online and provide information such as number of bedrooms, period
that the property is available for short term renting, landowner or managers
details and contact phone numbers.
It is
important that the landowner or his or her representative (manager) is the
first contact in the event that there is a complaint to be made. This is opposed to
the NSW Police Force being contacted who may not be able to attend
due to more pressing matters or Council who generally would not be able
to may not attend the site untill
the next working day. Other forms of tourist accommodation, such as a bed and
breakfast establishment or a hotel/motel or resort would have an
onsite manager to respond to any issues of noise, parties or anti social
behaviour, and likewise short term
rental accommodation properties should also be
actively managedd as required.
In the
event that the owner or his or her representative does not adequately resolve
any complaint or issue relating to noise or residential amenity, then the
matter may then be referred to to Council
or the NSW Police Force. If a dwelling
has more than two substantiated complaints in a 12
month period then the dwelling will be excluded from use as
STRA. A substantiated complaint is one that is supported
by evidence found upon the investigations of Council or the NSW Police
Force. and become a substantiated
complaint. ThisA
substantiated complaint is something the landowner
would wish to avoid to remain compliant with the exempt provisions. It is also
a pro-active way for landowners to manage potential complaints
before they are elevated to Council or the NSW Police Force for further
investigation. Council is aware such a service is provided that by the
Byron Holiday Letting Organisation provides with a
noisy neighbour hotline service to manage
complaints about holiday makers, whilst local Real Estate agents with their
expertiseience in letting
properties are also in a positionexperienced to deal
with complaints. Other property managers may also decide to provide this
service which would benefit land owners who do not live locally or cant be involved
in day to day management issues.
Matters
provided for under other legislation have been removed. The exempt provisions
relating to STRA not impacting on the residential amenity
expected to be enjoyed by surrounding residents were
removed as the the Protection
of the Environment Operation (POEO) Act 1997 and otherassociated noise regulations
related controls were removed, as it is noted
this legislation will apply in any
case. The clause relating to use of swimming
pools, spas, outdoor decking and balconies was also removed as noise
emanating from these are also regulated by the POEO Act. The
measures to limit the number of visitors were designed to prevent the dwelling
being used as a party house or for other functions. This measure has been
removed as the Holiday Rental Code of Conduct which must be complied with,
specifies that ‘party houses conflict with residential amenity, are damaging
to the Holiday Rental industry and are not permitted’. As for ‘other
functions’ the Code states that they
must not conflict with residential amenity (breaches of which can be dealt with
under the existing POEO Act) and that they must comply with any relevant
planning Inapprovals.
In terms of the
prohibitionprohibiting the use of on tents, caravans
and campervanscamping and caravanning, this measureprovision was
removed as it should be inferred from the
construction of any exempt clause that it applies
to the use of a dwelling for short term rental purposes not the establishment
of a temporaryuse of a caravan, campervan or tent park or camping
ground. Car parking
requirements for dwellings up to 3 bedrooms in size are superfluous and have also been removed as car parking is normally already
provided for most dwellings of this size onsite.
The fire
safety measures have also been
removed with the dwelling needing to comply with the appropriate classification
under the Building Code of Australia, whilst it is
considered any car parking requirements for dwellings up to 3
bedrooms in size are superfluous with car parking
normally provided for most dwellings of this
size onsite.
The attached Byron Shire Short Term Rental Action
Plan (Appendix 1, Table 1 and 2) includes the
original draft clauses (including the now deleted sub-clauses as
detailed above) in Table 1 and 2.
6.10 Short Term Rental Accommodation
(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 dwellings are permitted under
Byron LEP 2014,
(3) In
this clause short term rental accommodation is an existing dwelling that
provides short term accommodation to tourists and visitors on a commercial
basis,
(4) Only
where the use of the dwelling for short term rental accommodation is dominant
to its use as residential accommodation or it cannot meet the exempt provisions
(5) Despite
any other provision of this Plan, development consent may be granted for the
use of a dwelling as short term rental accommodation,
(6) The
maximum number of occupants is 2 per bedroom, excluding children under 5 years
of age.
And
·
Insert exempt provisions in Schedule 2 (LEP 2014) for
certain Short Term Rental Accommodation in order that in some circumstances it
can be undertaken as exempt development as follows:
Short Term Rental Accommodation
(1) In
this clause short term rental accommodation is an existing dwelling that
provides short term accommodation to tourists and visitors on a commercial basis,
for less than 90 days in any one calendar year
(2) The
subject dwelling must be located in a zone where dwellings are permitted under
Byron LEP 2014,
(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) The
maximum number of occupants is 2 per bedroom, excluding children under 5 years
of age,
(5) Garbage
and recycling bins to be provided, serviced and managed on a regular basis,
(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,
(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,
Note: Any
approval from the RFS under this section of the act would require investigation
of the need for an evacuation plan
(8) The
dwelling must have hard wired smoke alarms, evacuation lighting, fire blanket
and extinguisher in kitchen,
(9) Carparking
to comply with Part B4 Byron Shire DCP 2014,
(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 the proximity of the subject dwelling within
the preceding 12 months,
(11) The
use of the dwelling for short term rental accommodation 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.
(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,
(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,
(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 30 minutes
to complaints regarding the action of tenants and in particular issues
pertaining to noise and residential amenity,
(15) An
A3 size sign, in accordance with Council’s template, is to be placed where it
can clearly be seen from the public domain (eg footpath) advising the public of
the land owner’s or property manager’s details including telephone number in
40mm font to enable complaints to be readily made and wording to advise that
the property is ‘Registered with Byron Shire Council’,
(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.
Yes. In May 2014 Council released
a Holiday Letting Strategy Discussion Paper for public comments and
consideration. This was followed by a draft Short Term Holiday Accommodation Strategy
and more recently the Short Term Rental Accommodation Action Plan. The
planning proposal is a recommendation of the most recent document and part of a
strategic approach to solving a long standing issue in Byron Shire. See
Attachments 1, 2 and 3.
A planning
proposal is considered to be the only way to add a new clause and amend
Schedule 2 to LEP 2014. It is part of a suite of actions that include
information, compliance, registers, signage, and a code of conduct for
operators.
The Net Community Benefit
Criteria is identified in the NSW Government’s publication The Right Place
for Business and Services. Assessment against the Net Community Benefit
Assessment Criteria is not appropriate for a planning proposal that deals with
short term holiday letting.
The
Net Community Benefit (NCB) Criteria is identified in the
NSW Government’s publication Draft Centres Policy, 2009 which states
that the Net Community Benefit Test should be used to assess the merits
of rezoning in the following circumstances:
· proposals to
develop within an existing centre where the current zoning does not permit the
use
· proposals to
develop outside an existing centre where the current zoning does not permit the
use
· proposals to
create a new centre.
The
main focus of the NCB test is to ensure that centres remain compact and viable
and linked to existing and proposed transport networks (particularly public
transport).
Assessment
against the Net Community Benefit Assessment Criteria is not appropriate for a
planning proposal that deals with small scale tourism accommodation issues in a
range of zones and circumstances (urban and rural).
The planning proposal is largely
consistent with the outcomes and actions contained within the Far North Coast
Regional Strategy (FNCRS). In particular, the actions related to Economic
Development and Employment Growth. The proposal specifically responds to the
following tourism related actions:
· Local
environmental plans will ensure that appropriate land is available to provide
for a range of tourism experiences and forms of tourism accommodation.
· Local
environmental plans will permit no more than small scale tourism development in
rural or environment protection zones.
In 2012 Council adopted a 10 year +
Community Strategic Plan 2022 (CSP). The plan is based on five key
themes being Corporate Management, Economy, Environment, Community
Infrastructure, Society and Culture. The planning proposal is generally
consistent with the following relevant goals:
|
CM4.1 Promote community compliance with Acts, Regulations,
Instruments and Council policies and standards
|
Short term letting of dwellings has been widespread
throughout Byron Shire urban and rural areas. It has not been subject to the
development assessment process and has resulted in compliance issues. Permitting
it with consent or as exempt development (if on a small scale with low
impacts) will reduce the level of noncompliance and reduce Council resources
put into this issue.
|
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EC2.1 Build a tourism industry that delivers local and
regional benefits in harmony with the community’s values.
EC2.2 Develop Byron Shire as a leader in responsible and
sustainable tourism and encourage sustainable business practices within the
tourism industry.
EC2.3 Support and promote a collaborative shire-wide approach
to managing tourism.
|
In the right setting and with good management short
term letting will provide rental income for a property owner with minimal
impacts on the neighbourhood and infrastructure.
As a low key form of accommodation it attracts people
looking for something other than a “resort’ experience. More of the “holiday
spend” from visitors is spread across local businesses, including farmer
markets and the like.
Short term holiday letting management is being viewed
on a shire wide basis and not just confined to Byron Bay.
|
On this basis the planning proposal is
generally consistent with Council’s CSP.
Most State
Environmental Planning Policies (SEPP) are not applicable to this planning
proposal. The State Environmental Planning Policies
relevant to the planning proposal are as follows:
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State
Environmental Planning Policy (SEPP)
|
Compliance
of Planning Proposal
|
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SEPP 71 –
Coastal Protection
|
Permitting
short term rental accommodation in zones where dwellings are already
permitted could result in applications in the coastal zone of Byron Shire.
The aim of the SEPP and the matters for consideration in clause 8 of the SEPP
are matters that Council will consider on a site specific basis in future
development applications. In most cases the change of use (if approved) will
not result in impacts on the coast beyond that already generated by the
existing dwelling. The planning proposal is compliant with the aims of the
SEPP.
|
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SEPP 55 –
Remediation of land
|
In this
case no land is actually being rezoned and short term rental accommodation
will only be permissible where a dwelling is already permitted on the land.
This will not significantly increase the range of sensitive
land uses on the site and past land use will still be addressed in any development
application (if required). It is consistent with the SEPP.
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Consistency with the s117
Directions is assessed in the following table:
13.4 - Attachment 1
Consistency with S117(2)
Directions
|
S117 Direction
|
Application
|
Relevance to this
planning proposal
|
Consistency with
direction
|
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1. Employment and Resources
|
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1.1 Business
and Industrial Zones
|
Applies
when a relevant planning authority prepares a planning proposal that will
affect land within an existing or proposed business or industrial zone
(including the alteration of any existing business or industrial zone
boundary).
|
This
planning proposal will not affect the boundaries or extent of business or
industrial zones. However it will allow shop top housing to be used for short
term rental accommodation. This will not reduce the area available for
employment land uses and not alter any locations for business or industry.
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Consistent
|
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1.2 Rural
Zones
|
Applies
when a relevant planning authority prepares a planning proposal that will
affect land within an existing or proposed rural zone (including the
alteration of any existing rural zone boundary).
Under
this direction a planning proposal must:
(a) not rezone land from a rural zone to a
residential, business, industrial, village or tourist zone.
(b) not contain provisions that will
increase the permissible density of land within a rural zone (other than land
within an existing town or village).
|
This
planning proposal will apply to rural zoned land where a dwelling is
permitted.
It
will not alter the zone of any rural land. It will not alter the density of
land use within any rural zone.
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Consistent
|
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1.3 Mining,
Petroleum Production and Extractive Industries
|
Applies
when a relevant planning authority prepares a planning proposal that would
have the effect of:
(a) prohibiting the mining of coal or other minerals, production
of petroleum, or winning or obtaining of extractive materials, or
(b) restricting the potential development of resources of coal,
other minerals, petroleum or extractive materials which are of State or
regional significance by permitting a land use that is likely to be
incompatible with such development.
|
Nothing
in this planning proposal will prohibit or restrict exploration or mining.
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N/A
|
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1.4 Oyster
Aquaculture
|
Applies
when a relevant planning authority prepares any planning proposal that
proposes a change in land use which could result in:
(a) adverse impacts on a Priority Oyster Aquaculture Area or a
“current oyster aquaculture lease in the national parks estate”, or
(b) incompatible use of land between oyster aquaculture in a
Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in
the national parks estate” and other land uses.
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Priority Oyster Aquaculture Areas (POAA) exist in the Brunswick
River however there is minimal likelihood the planning proposal will have
adverse impacts on POAA as the proposed use of the land will be either minor
(and therefore exempt development) or subject to an environmental assessment on
a case by case basis through the development application process.
Also most land in the vicinity of the POAA is already zoned for
environmental protection or within the national parks estate.
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Consistent.
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1.5 Rural
Lands
|
Applies
when:
(a) a relevant planning authority prepares a planning proposal
that will affect land within an existing or proposed rural or environment
protection zone (including the alteration of any existing rural or
environment protection zone boundary), or
(b) a relevant planning authority prepares a planning proposal
that changes the existing minimum lot size on land within a rural or
environment protection zone.
A planning proposal to which clauses (a) and
(b) apply must be consistent with the Rural Planning Principles listed in State
Environmental Planning Policy (Rural Lands) 2008.
A planning proposal to which clause (b) applies
must be consistent with the Rural Subdivision Principles listed in State
Environmental Planning Policy (Rural Lands) 2008.
|
This
planning proposal will affect land zoned RU1 or RU2 where a dwelling is
permitted. It will not alter the minimum lot size on any land.
It
is consistent with the Rural Planning Principles listed in State
Environmental Planning Policy (Rural Lands) 2008 as follows:
(a) the
promotion and protection of opportunities for current and potential
productive and sustainable economic activities in rural areas – the proposed amendment is not intended to
undermine or create conflict with agriculture or other rural land uses. If a
development application is required then the SEE will need to address this
issue.
(b) recognition
of the importance of rural lands and agriculture and the changing nature of
agriculture and of trends, demands and issues in agriculture in the area,
region or State – the use of dwellings
for short term rental accommodation is in response to the changing nature of
agriculture in Byron Shire including the need for additional income to keep
the farm viable.
(c) recognition
of the significance of rural land uses to the State and rural communities,
including the social and economic benefits of rural land use and development – Byron Shire has a sustainable agriculture
strategy and understands the benefits of maintaining rural land uses. The
proper us of existing dwellings for short term rental will not undermine
this.
(d) in
planning for rural lands, to balance the social, economic and environmental
interests of the community – the
nature of rural land use is changing and the socio-economic interests of the
Byron Shire community will be best served by permitting this land use
lawfully. The Byron experience suggests it is widespread and occurs without
proper controls. This change to the LEP will permit it to happen openly and
to be better controlled.
(e) the
identification and protection of natural resources, having regard to
maintaining biodiversity, the protection of native vegetation, the importance
of water resources and avoiding constrained land – the LEP amendment will require consideration of
the physical environment in which the development will be located (if a
development application is required).
(f) the
provision of opportunities for rural lifestyle, settlement and housing that
contribute to the social and economic welfare of rural communities – short term rental accommodation is a tourism
experience that (if properly managed) can contribute to the economic welfare
of rural communities.
(g) the
consideration of impacts on services and infrastructure and appropriate
location when providing for rural housing – Council will expect services and infrastructure to be addressed in
applications for short term rental accommodation.
(h) ensuring
consistency with any applicable regional strategy of the Department of
Planning or any applicable local strategy endorsed by the Director-General – the Far North Coast Regional Strategy applies to
Byron Shire and this planning proposal is consistent with it, particularly in
relation to providing “for a range of tourism experiences and forms of
tourist accommodation…”(page 38). The LEP changes will limit tourism in
rural areas to a small scale.
|
Consistent.
|
|
2 Environment and Heritage
|
|
2.1 Environment Protection Zones
|
A planning proposal must include provisions that facilitate
the protection and conservation of environmentally sensitive areas.
A planning proposal that applies to land within an
environment protection zone or land otherwise identified for environment
protection purposes in a LEP must not reduce the environmental protection
standards that apply to the land (including by modifying development
standards that apply to the land). This requirement does not apply to a
change to a development standard for minimum lot size for a dwelling in
accordance with clause (5) of Direction 1.5 “Rural Lands”.
|
The planning proposal does not alter or remove any
environment protection zone. No environmental standards will be reduced by
the proposed LEP changes.
|
Consistent
|
|
2.2 Coastal Protection
|
Direction applies when a relevant planning authority
prepares a planning proposal that applies to land in the coastal zone.
A planning proposal must include provisions that
give effect to and are consistent with:
(a) the NSW Coastal Policy: A Sustainable
Future for the New South Wales Coast 1997,
(b) the Coastal Design Guidelines
2003,
(c) the manual relating to the
management of the coastline for the purposes of section 733 of the Local
Government Act 1993 (the NSW Coastline Management Manual 1990).
|
Certain land affected by this proposal is located
within the coastal zone, which affects the eastern half of Byron Shire.
It is consistent with the NSW Coastal Policy as
there is minimal likelihood of physical impact on the environment and where a
development is not minor it will require an assessment through a development
application. If any land in Byron Shire affected by coastal erosion is
proposed for short term rental accommodation then Council will consider the
management of the coastline and response to emergencies as part of any application
it receives.
|
Consistent.
|
|
2.3 Heritage Conservation
|
A planning proposal must contain provisions that
facilitate the conservation of:
(a) Items,
places, buildings, works, relics, moveable objects or precincts of
environmental heritage significance to an area, in relation to the
historical, scientific, cultural, social, archaeological, architectural,
natural or aesthetic value of the item, area, object or place, identified in
a study of the environmental heritage of the area,
(b) Aboriginal
objects or Aboriginal places that are protected under the National Parks
and Wildlife Act 1974, and
(c) Aboriginal
areas, Aboriginal objects, Aboriginal places or landscapes identified by an
Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land
Council, Aboriginal body or public authority and provided to the relevant
planning authority, which identifies the area, object, place or landscape as
being of heritage significance to Aboriginal culture and people.
|
Byron LEP 2014 currently contains provisions that
are consistent with this Direction.
|
N/A
|
|
2.4 Recreation Vehicle Areas
|
A planning proposal must not enable
land to be developed for the purpose of a recreation vehicle area (within the
meaning of the Recreation Vehicles Act 1983):
(a) where the land is within an environment protection
zone,
(b) where the land comprises a beach or a dune adjacent
to or adjoining a beach,
(c) where the land is not within an area or zone
referred to in paragraphs (4)(a) or (4)(b) unless the relevant planning
authority has taken into consideration:
(i) the provisions of the guidelines entitled Guidelines for Selection,
Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation
Service of New South Wales, September 1985, and
(ii) the provisions of the guidelines entitled Recreation Vehicles Act,
1983, Guidelines for Selection, Design, and Operation of Recreation Vehicle
Areas, State Pollution Control Commission, September 1985.
|
The proposal does not enable land to be
developed for the purpose of a recreation vehicle area.
|
N/A
|
|
3. Housing, Infrastructure and
Urban Development
|
|
3.1 Residential
Zones
|
This direction applies when a relevant planning
authority prepares a planning proposal that will affect land within:
(a) an existing or proposed residential zone
(including the alteration of any existing residential zone boundary),
(b) any other zone in which significant
residential development is permitted or proposed to be permitted.
A planning proposal must include provisions that
encourage the provision of housing that will:
(a) broaden
the choice of building types and locations available in the housing market,
and
(b) make more efficient use of existing infrastructure and services, and
(c) reduce the consumption of land for housing and associated urban
development on the urban fringe, and
(d) be of good
design.
A planning proposal must, in relation to land to
which this direction applies:
(a) contain a requirement that residential development is not permitted
until land is adequately serviced (or arrangements satisfactory to the
council, or other appropriate authority, have been made to service it), and
(b) not
contain provisions which will reduce the permissible residential density of
land.
|
The
planning proposal will affect residential zoned land.
The
purpose of the LEP amendment is to broaden the potential use of some
residential buildings in Byron Shire by permitting short term rental
accommodation.
This
may lead to a reduction in the availability of housing for permanent
occupation in some locations.
It
will not affect the density of residential development.
It
will give the choice of using a dwelling for permanent or short term rental
accommodation if it meets the criteria in the LEP.
Existing
clause 6.6 of Byron LEP 2014 already requires adequate essential services to
be available to the land at the time at which consent is granted.
|
Consistent
|
|
3.2 Caravan Parks and Manufactured Home Estates
|
Applies when a relevant planning authority prepares
a planning proposal.
In identifying suitable zones, locations and
provisions for caravan parks in a planning proposal, the relevant planning
authority must:
(a) retain
provisions that permit development for the purposes of a caravan park to be
carried out on land, and
(b) retain the
zonings of existing caravan parks, or in the case of a new principal LEP,
zone the land in accordance with an appropriate zone under the Standard
Instrument (Local Environmental Plans) Order 2006 that would facilitate the
retention of the existing caravan park.
In identifying suitable zones, locations and
provisions for manufactured home estates (MHEs) in a planning proposal, the
relevant planning authority must:
(a) take into
account the categories of land set out in Schedule 2 of SEPP 36 as
to where MHEs should not be located,
(b) take
into account the principles listed in clause 9 of SEPP 36 (which
relevant planning authorities are required to consider when assessing and
determining the development and subdivision proposals), and
(c) include
provisions that the subdivision of MHEs by long term lease of up to
20 years or under the Community Land Development Act 1989 be
permissible with consent.
|
This proposal does not seek development for the
purposes of a caravan park or manufactured homes estate, nor does it impact
upon any land that does permit development for the purposes of a caravan park
or manufactured homes estate.
|
N/A
|
|
3.3 Home
Occupations
|
Planning proposals must permit home occupations to be carried out in
dwelling-houses without the need for development consent.
|
This
proposal does not alter home occupation provisions in Byron LEP 2014.
|
N/A
|
|
3.4 Integrating
Land Use and Transport
|
Applies
when a relevant planning authority prepares a planning proposal that will
create, alter or remove a zone or a provision relating to urban land,
including land zoned for residential, business, industrial, village or
tourist purposes.
A planning proposal must locate zones for urban purposes and include
provisions that give effect to and are consistent with the aims, objectives
and principles of:
(a) Improving Transport Choice – Guidelines for planning
and development (DUAP 2001), and
(b) The Right Place for Business and Services – Planning
Policy (DUAP 2001).
|
The planning proposal will alter the permitted uses
on land zoned for residential (and other purposes) where dwellings are
permitted. However, it will not alter zone boundary or create a new zoned
area. There is unlikely to be any impact on public transport as a result of
this planning proposal.
|
Consistent.
|
|
3.5 Development
Near Licensed Aerodrome
|
Applies when a relevant planning authority prepares a planning
proposal that will create, alter or remove a zone or a provision relating to
land in the vicinity of a licensed aerodrome.
The
main requirements of the Direction are that Council considers the Obstacle
Limitation Surface (OLS) as defined by that Department of the Commonwealth
for residential purposes, and does not increase residential densities in
areas where the ANEF, as from time to time advised by that Department of the
Commonwealth, exceeds 25.
|
The planning proposal will alter provisions that may
affect rural zoned land located in the vicinity of the Tyagarah aerodrome.
However, it is about increasing the uses for
existing dwellings and will not increase densities or create obstacles in
proximity to the aerodrome. Any application in the vicinity of the aerodrome
would need to address the issues that relate to this location.
|
Consistent
|
|
4. Hazard and Risk
|
|
4.1 Acid
Sulfate Soils
|
Applies
when a relevant planning authority prepares a planning proposal that will
apply to land having a probability of containing acid sulfate soils as shown
on the Acid Sulfate Soils Planning Maps.
A
council shall not prepare a draft LEP that proposes an intensification of
land uses on land identified as having a probability of containing acid
sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has
considered an acid sulfate soils study assessing the appropriateness of the
change of land use given the presence of acid sulfate soils.
|
Some
land to which this planning proposal will apply may be affected by acid
sulfate soils. The planning proposal will not necessarily lead to
intensification of land uses proposed on land identified on the Acid Sulfate
Soils Planning Maps. Council will consider acid sulfate soils if it receives
an application in this location in accordance with cl. 6.1 of Byron LEP 2014.
|
Consistent.
|
|
4.2 Mine Subsidence
and Unstable Land
|
Applies when a relevant planning authority prepares a planning
proposal that permits development on land that:
(a) is within a mine subsidence district, or
(b) has been identified as unstable in a study, strategy
or other assessment undertaken:
(i) by or on behalf of the relevant planning authority,
or
(ii) by or on behalf of a public authority and provided
to the relevant planning authority.
|
This
proposal does not impact on any mine subsidence area.
|
N/A
|
|
4.3 Flood
Prone Land
|
Applies
when a relevant planning authority prepares a planning proposal that creates,
removes or alters a zone or a provision that affects flood prone land.
A planning proposal must include provisions that give effect to and
are consistent with the NSW Flood Prone Land Policy and the principles of the
Floodplain Development Manual 2005 (including the Guideline on
Development Controls on Low Flood Risk Areas).
A planning proposal must not rezone land within the flood planning
areas from Special Use, Special Purpose, Recreation, Rural or Environment
Protection Zones to a Residential, Business, Industrial, Special Use or
Special Purpose Zone.
A planning proposal must not contain provisions that apply to the
flood planning areas which:
(a) permit development
in floodway areas,
(b) permit
development that will result in significant flood impacts to other
properties,
(c) permit a
significant increase in the development of that land,
(d) are
likely to result in a substantially increased requirement for government
spending on flood mitigation measures, infrastructure or services, or
(e) permit
development to be carried out without development consent except for the
purposes of agriculture (not including dams, drainage canals, levees,
buildings or structures in floodways or high hazard areas), roads or exempt
development.
A planning proposal must not impose flood related development
controls above the residential flood planning level for residential
development on land, unless a relevant planning authority provides adequate
justification for those controls to the satisfaction of the Director-General
(or an officer of the Department nominated by the Director-General).
For the purposes of a planning proposal, a relevant planning
authority must not determine a flood planning level that is inconsistent with
the Floodplain Development Manual 2005 (including the Guideline on
Development Controls on Low Flood Risk Areas) unless a relevant planning
authority provides adequate justification for the proposed departure from
that Manual to the satisfaction of the Director-General (or an officer of the
Department nominated by the Director-General).
|
The
planning proposal will not rezone any land. Byron LEP 2014 already contains
a flood planning clause that would apply to short term rental accommodation
if it were proposed on land that is flood prone.
Given
that attached dwellings are already permitted in the affected zones, the
planning proposal will not permit significant development on flood prone land
(beyond that already permitted).
The
use of dwellings for short term rental accommodation is consistent with the Floodplain
Development Manual 2005, and there is unlikely to be a net increase in demand
for flood rescue services for sites where it is approved.
|
Consistent.
|
|
4.4 Planning
for Bushfire Protection
|
Applies
when a relevant planning authority prepares a planning proposal that will
affect, or is in proximity to land mapped as bushfire prone land.
In the preparation of a planning proposal the relevant planning
authority must consult with the Commissioner of the NSW Rural Fire Service
following receipt of a gateway determination under section 56 of the
Act, and prior to undertaking community consultation in satisfaction of
section 57 of the Act, and take into account any comments so made.
A planning proposal must:
(a) have regard to Planning for Bushfire Protection
2006,
(b) introduce controls that avoid placing inappropriate
developments in hazardous areas, and
(c) ensure that bushfire hazard reduction is not
prohibited within the APZ.
A planning
proposal must, where development is proposed, comply with the following
provisions, as appropriate:
(a) provide an Asset Protection Zone (APZ) incorporating
at a minimum:
(i) an Inner Protection Area bounded by a perimeter road
or reserve which circumscribes the hazard side of the land intended for
development and has a building line consistent with the incorporation of an
APZ, within the property, and
(ii) an Outer Protection Area managed for hazard
reduction and located on the bushland side of the perimeter road,
(b) for infill development (that is development within
an already subdivided area), where an appropriate APZ cannot be achieved,
provide for an appropriate performance standard, in consultation with the NSW
Rural Fire Service. If the provisions of the planning proposal permit
Special Fire Protection Purposes (as defined under section 100B of the Rural
Fires Act 1997), the APZ provisions must be complied with,
(c) contain provisions for two-way access roads which
link to perimeter roads and/or to fire trail networks,
(d) contain provisions for adequate water supply for
fire fighting purposes,
(e) minimise the perimeter of the area of land
interfacing the hazard which may be developed,
(f) introduce controls on the placement of combustible
materials in the Inner Protection Area.
|
Some
parts of the land to which this planning proposal applies in Byron Shire may
be identified as bushfire prone land. This will be a consideration in any
application for short term rental accommodation.
Early
consultation with the Commissioner of the NSW Rural Fire Service resulted in
changes to the exempt development provisions as they relate to short term
rental accommodation. The provisions now state that “Prior to commencement
a Bushfire Safety Authority under S.100B of the RFS Act 1997 is required on
land identified as bush fire prone”.
Where
a development application is lodged for short term rental accommodation on
land identified as bushfire prone land, the RFS consider it will be
Integrated Development under Section 91 of the EPA Act, 1979.
Consultation
with the Commissioner of the NSW Rural Fire Service following receipt of a
gateway determination under section 56 of the Act will take place when
the gateway determination has been received. It is assumed that any concerns
that RFS may still have can be addressed as the planning proposal proceeds.
|
Consistent.
|
|
5. Regional Planning
|
|
5.1 Implementation
of Regional Strategies
|
Planning proposals must be consistent with a regional strategy
released by the Minister for Planning.
|
The
planning proposal is largely consistent with the outcomes and actions
contained within the Far North Coast Regional Strategy (FNCRS). In
particular, the actions related to Economic Development and Employment
Growth. The proposal specifically responds to the following tourism related
actions:
Local environmental plans will ensure that appropriate land is
available to provide for a range of tourism experiences and forms of tourism
accommodation.
Local environmental plans will permit no more than small scale
tourism development in rural or environment protection zones.
|
Consistent.
|
|
5.2 Sydney
Drinking Water Catchments
|
Applies
when a relevant planning authority prepares a planning proposal that applies
to the hydrological catchment.
|
The
proposal is not within this catchment.
|
N/A
|
|
5.3 Farmland
of State and Regional Significance on the NSW Far North Coast
|
The
planning proposal must not rezone land mapped as State or regionally
significant farmland under the Northern Rivers Farmland Protection Project
for an urban use.
|
No
land is proposed to be rezoned by this planning proposal.
|
N/A
|
|
5.4 Commercial
and Retail Development along the Pacific Highway, North Coast
|
A
planning proposal that applies to land located on “within town” segments of
the Pacific Highway must provide that:
(a) new
commercial or retail development must be concentrated within distinct centres
rather than spread along the highway,
(b) development
with frontage to the Pacific Highway must consider the impact the development
has on the safety and efficiency of the highway.
(c) For
the purposes of this paragraph, “within town” means areas which, prior to the
draft local environmental plan, have an urban zone (eg “village”,
“residential”, “tourist”, “commercial”, “industrial”, etc) and where the
Pacific Highway speed limit is less than 80 km/hour.
A
planning proposal that applies to land located on “out-of-town” segments of
the Pacific Highway must provide that:
(a) new
commercial or retail development must not be established near the Pacific
Highway if this proximity would be inconsistent with the objectives of this
Direction,
(b) development
with frontage to the Pacific Highway must consider the impact the development
has on the safety and efficiency of the highway.
(c) For
the purposes of this paragraph, “out-of-town” means areas which, prior to the
draft local environmental plan, do not have an urban zone (eg “village”,
“residential”, “tourist”, “commercial”, “industrial”, etc) or are in areas where
the Pacific Highway speed limit is 80 km/hour or greater.
|
This
planning proposal does not affect commercial or retail uses in proximity to
the Pacific Highway.
|
N/A
|
|
6. Local Plan Making
|
|
6.1 Approval
and Referral Requirements
|
A planning proposal must:
(a) minimise the inclusion of provisions
that require the concurrence, consultation or referral of development
applications to a Minister or public authority, and
(b) not contain provisions requiring
concurrence, consultation or referral of a Minister or public authority
unless the relevant planning authority has obtained the approval of:
(i) the appropriate
Minister or public authority, and
(ii) the
Director-General of the Department of Planning and Environment (or an officer
of the Department nominated by the Director-General),
prior to undertaking community consultation in
satisfaction of section 57 of the Act, and
(c) not
identify development as designated development unless the relevant planning
authority:
(i) can
satisfy the Director-General of the Department of Planning and Environment
(or an officer of the Department nominated by the Director-General) that the
class of development is likely to have a significant impact on the
environment, and
(ii) has
obtained the approval of the Director-General of the Department of Planning
and Environment (or an officer of the Department nominated by the
Director-General) prior to undertaking community consultation in satisfaction
of section 57 of the Act.
|
The
planning proposal will not include provisions that require the concurrence,
consultation or referral of development applications to a Minister or public
authority. It does not identify development as designated development.
|
N/A
|
|
6.2 Reserving
Land for Public Purposes
|
A planning proposal must not create, alter or reduce existing zonings
or reservations of land for public purposes without the approval of the
relevant public authority and the Director-General of the Department of
Planning and Environment (or an officer of the Department nominated by the
Director-General).
|
The
planning proposal does not create, alter or reduce land reserved for a public
purpose.
|
N/A
|
|
6.3 Site
Specific Provisions
|
Applies when a relevant planning authority prepares a planning
proposal that will allow a particular development to be carried out.
A planning proposal that will amend another environmental planning
instrument in order to allow a particular development proposal to be carried
out must either:
(a) allow that land use to be carried out in the zone
the land is situated on, or
(b) rezone the site to an existing zone already applying
in the environmental planning instrument that allows that land use without
imposing any development standards or requirements in addition to those
already contained in that zone, or
(c) allow that land use on the relevant land without
imposing any development standards or requirements in addition to those
already contained in the principal environmental planning instrument being
amended.
A planning proposal must not contain or refer to drawings that show
details of the development proposal.
|
The
planning proposal does not seek to allow a particular development to be
carried out.
The
planning proposal does not contain schematic drawings.
|
N/A
|
13.4 - Attachment 1
Section C Environmental, social and economic impact
No. Although Byron Shire is a
biodiversity hot spot with large numbers of threatened species and endangered
ecological communities, this planning proposal should not directly affect these
if it is implemented properly. A dwelling would normally exist on the subject
land. If the proposed activity is minor it will be exempt development. If a
Development application is required then Council can (if appropriate) require a
thorough ecological assessment to accompany any application consistent with its
“Guidelines for Ecological Assessment in Byron Shire”.
Environmental impacts, such as
managing on-site effluent disposal in a rural setting, can be addressed at the
development assessment stage.
The planning proposal may result
in an impact on neighbourhood character over time. This will depend on the
extent of take up of short term rental accommodation and the style and location
of structures. Council will need to consider this in any DA. The planning
proposal will allow dwellings to be used for tourist accommodation as well as
normal residential use. This has the potential to provide increased financial support
for residents of Byron Shire particularly at peak tourism times.
The additional use is based on
existing dwellings which typically would be adequately served by water and sewerage
or on-site sewage management. Power and telephone will usually be linked to
the existing dwelling (if not also self-sufficient, eg solar or mobile phone).
Section 94 contributions may be applicable to development applications for
short term rental accommodation but this will need to be considered against the
contributions previously paid for any site and will be a future decision for
Council.
Commonwealth public authorities
have not been formally involved in this particular planning proposal as it is yet
to receive Gateway Approval. At this early stage it appears unlikely that
there will be any issues of interest to Commonwealth authorities.
A Discussion Paper was
circulated locally and then a Draft Short Term Holiday Accommodation Strategy
was circulated more widely in late 2014. The Rural Fire Service made a
submission as did the Department of Planning and Environment. The proposed
exempt provisions have been amended to align with the RFS views on bushfire
prone land. The Department’s views have been considered and also influence the
proposed LEP clauses.
The following table provides a summary of the relevant
public authorities, which in the opinion of Council, should be consulted in
accordance with the Gateway Determination:
|
Public authority/stakeholder
|
Issue requiring comment
|
|
NSW Rural Fire Service
|
Section 117 of the Environmental Planning and
Assessment Act 1979, Ministerial Direction 4.4 to consult with the
Commissioner of the NSW Rural Fire Service.
|
The planning proposal does not involve any map amendments.
Council will commence community consultation in accordance
with the Gateway Determination. For the purposes of public notification, the
planning proposal is not considered to be low impact as outlined in the
Department of Planning and Infrastructure’s, A guide to preparing local
environmental plans, and a 28 day public exhibition period is
recommended.
Notification of the exhibited planning proposal will
include:
· a
newspaper advertisement that circulates in the Byron LGA, which is the area affected
by the planning proposal
· the
website of Byron Shire Council and the Department of Planning and Environment.
The proposed timeline for the completion of the planning
proposal is as follows:
|
Estimated completion
|
Plan making step
|
|
July August 2015
|
Gateway determination issued by Department of Planning
and Environment.
|
|
October /November August 2015
|
Public exhibition of planning proposal.
Government agency consultation.
|
|
December September 2015
|
Analysis of public submissions.
Preparation of Council report.
|
|
February October 20156
|
Public submissions report to Council.
|
|
February November 20165
|
Endorsed planning proposal submitted to Department of
Planning and Environment for finalisation or dealt with by Council under
delegation.
|
Byron Shire Council has initiated a planning proposal to
modify its 2014 LEP to permit short term rental accommodation either with
consent or as exempt development.
The preferred method to achieve this will be to add a new
local provision (clause 6.10) and to amend the exempt provisions in Schedule
2.
The planning proposal is consistent with the Far North Coast
Regional Strategy and SEPPs. It is also consistent with section 117
Directions.
It is not considered that this planning proposal raises any
issues that require further studies or detailed assessment.
13.4 - Attachment 1
Appendix
1
– Short
Term Rental Accommodation Action Plan
(BSC#E2015/28038E2015/28038)
13.4 - Attachment 1
13.4 - Attachment 1
Document History
|
Doc No.
|
Date
Amended
|
Details
Comments eg Resolution No.
|
|
E2015/14847
|
|
Adopted at Ordinary meeting
30/4/15 with amendments as per resolution 15-186
|
|
E2015/28038
|
May 2015
|
Revised Action Plan in
accordance with Council resolution 15-186
|
13.4 - Attachment 1
Introduction
The Byron Shire Short Term
Rental Accommodation Action Plan is the culmination of a process to develop
structure and planning controls around the long practiced use of holiday
letting dwellings in Byron Shire. The process commenced in 2013 with key
stakeholder workshops that continued into 2014. From these workshops a
Discussion Paper was prepared for key stakeholder’s consideration. Comments on
the Discussion Paper then led to the development of a Draft Short Term Holiday
Accommodation Strategy that was publicly exhibited from 11 November to 22
December 2014. Over 150 submissions were received including two from state
government agencies. Council considered a report on the submissions at the 30
April 2015 meeting. As a result of the issues raised in submissions,
and Council’s resolution (15-186), the draft planning controls and actions have
been revised. The Byron Shire Short Term Rental Accommodation Action Plan
details the revised actions and planning controls.
Overall the planning controls
have been simplified; duplication with the Holiday Rental Code of Conduct has
been removed but only so far as to ensure those elements that are important to maintaining neighbourhood amenity are clearly addressed.
Key changes include:
· Renaming to ‘Short Term Rental Accommodation’
(STRA) consistent with other councils
· Broadening definition of STRA from ‘dwelling house’
to ‘dwelling’
· Including a new exempt development clause to ensure
development, if part of a community or strata scheme, has prior written
approval of the owners’ corporation of that scheme. This is already a
requirement for any development application. This clause is modelled on the
Wyong Council’s exempt provision.
· Removing occupant type ie. adult to avoid
discrimination and numbers simplified to ‘2 occupants per bedroom’, excluding
children under 5 years of age with a maximum of 10 occupants for 5 or more
bedrooms
· Consolidating exempt and complying
and development assessment planning controls as all exempt development
assessment and retaining development applicationexempt controls:
1. Exempt: will allow property owners
of dwellings with 3 bedrooms or less, who want to rent their property out for less
than 90 days in any one year and live there forthe remainder
the remainder of the year, or make the dwelling available for short
term renting on a permanent basis; caps number of occupants to 2 per bedroom, excluding children under 5 years of
age.
2. Development Application: provides for
dwellings greater than 3 bedroomsof any size
where the dominant use of the dwelling is short term rental accommodation; caps
number of occupants as 2 occupants per bedroom, excluding children under 5
years of age; to a maximum of 10 occupants for 5 or more
bedrooms; it is also for dwellings up to 3 bedrooms that cannot
comply with the exempt provisions.
Byron Shire Short Term Rental
Accommodation (STRA) Action Plan
|
Action
|
What
|
Who / When / Cost
|
|
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 ofto 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
|
1.
6b. Council
accept the invitation from Holiday Rental Industry Association (HRIA) to
become a supporting organisation and to enter a MOU with HIRA in accordance
with Section 1.5 of the Holiday and Short Term Rental Code of Conduct |
|
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 per /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. Develop sign template
|
9a. Develop an A3 signage template for use by landowners/managers
in accordance with the planning controls
|
Council
Timeframe: prior to
LEP amendments being gazetted
Cost: existing
budget
|
|
10. Review Action Plan and effectiveness of
planning controls
|
109a. 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
|
|
109b. Review the effectiveness of
planning controls within 18months of their gazettal.
|
Council
Timeframe: 18mths post gazettal of planning controls
Cost: existing budgets
|
|
109c. 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
|
Amend Byron LEP 2014
Action Plan
1a: Insert exempt provisions in Schedule 2 for Short Term Rental
Accommodation (STRA), as detailed in Table 1
Table 1: Exempt Planning Controls
|
Exhibited Exempt Controls
|
Revised Exempt Controls post exhibition
|
|
(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 to
tourists and visitors on a commercial basis, for less than 90 days in any one
calendar year
|
|
(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
(34) 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
(45) The maximum number of
occupants is 2 per bedroom, excluding children under 5 years of age,
|
|
(5) Garbage and recycling bins to be provided,
serviced and managed on a regular basis,
|
No change
(65) Garbage and recycling bins to be
provided, serviced and managed on a regular basis,
|
|
|
New (as per Wyong’s LEP 2013)
(67) 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,
|
(87) 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
(98) 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:
|
No. of bedrooms
|
Parking
|
|
1-2
|
1 space
|
|
3-4
|
2 spaces
|
|
>5
|
3 spaces
|
Stacked parking, one
vehicle behind the other, can be used to achieve the parking requirements.
|
No change
(109) 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
(110) 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 proximity 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
(121) The use of the dwelling for short
term rental accommodation 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
(132) 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
(134) 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
(145) 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 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
(156)
An A3 size sign, with an area of min 0.1m2 to max 0.2m2
in accordance with Council’s template, is to be placed where
it can clearly be seen from the public domain (eg footpath) advising the
public of the land owner’s or property manager’s details including telephone
number in 40mm font 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.
|
(167)
Additional accommodation is not to be provided on site by way of tents,
(including tee pees) caravans, campervans or the like,
(187)
Outdoor areas including swimming pools, spas, outdoor decking and balconies are
not to be used between the hours of 10pm and 8am,
(198)
Visitors permitted at a property are not to exceed 6 persons between 8am and
10pm and no visitors are permitted after 10pm.
|
13.4 - Attachment 1
Action Plan
1b: Insert new clause 6.10 Short Term Rental Accommodation, as detailed
in Table 2 to enable development applications
Table 2: Byron LEP 2014
Clause 6.10 Short Term Rental Accommodation
|
Exhibited Development Consent Controls
|
Revised controls post exhibition
|
|
(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 to tourists
and visitors on a commercial basis,
|
|
|
(4) Only where the use of the dwelling for short
term rental accommodation is dominant to its use as residential
accommodation or it cannot meet the exempt provisions
|
|
(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
(54) 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
(56) The
maximum number of occupants is 2 per bedroom, excluding children under 5
years of age. 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.
|
Action Plan
1f: Insert exempt provisions in Schedule 2 for 1 bedroom bed and
breakfast establishments, as detailed below
Bed and Breakfast
Accommodation
1. No more than one guest bedroom;
2. A maximum of two guests;
3. Offer at least breakfast to guests;
4. Owner or operator to be a permanent
resident of the dwelling;
5. Register the use of the dwelling on
Council’s register prior to commencement and maintain registration;
6. The accommodation to be provided within
the dwelling; no guest accommodation to be provided within secondary dwellings,
sheds, tents, caravans or other structures or vehicles on the site;
7. Guest parking to be provided on site (stacked
parking within the driveway permitted); and
8. Prior to commencement a Bushfire Safety Authority
under S.100B of the RFS Act 1997 is required on land identified as bush fire
prone
Action Plan 1g: Prepare
draft conditions of consent, as detailed below
Conditions of consent which may be imposed include:
a) 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. Where two substantiated
complaints of a serious nature that impacted on neighbouring properties have
been received, an extension of the consent may not be granted.
b) The use of the dwelling for short term rental
accommodation must abide by the Holiday Rental Code of Conduct endorsed by the
Department of Planning. Details are to be provided to the tenant of their
rights and responsibilities.
c) Outdoor areas including swimming pools, spas,
outdoor decking and balconies are not to be used between the hours of 10pm and
8am.
d) 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.
e) The maximum number of occupants is 2 per bedroom excluding
children under 5 years of age. with no more than 10 occupants in
total for five or more bedrooms.
f) Visitors permitted at a property not to exceed 6
persons between 8am and 10pm. No visitors permitted after 10pm.
g) The maximum number of vehicles that can be
parked on the premises at any time.
h) Measures to ensure effective communication to
occupants of the conditions of registration and emergency management procedures
i) 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.
j) An A3 size sign with an area of min 0.1m2
to max 0.2m2 in accordance with Council’s template is placed
where it can clearly be seen from the public domain (eg footpath) advising the
public of the land owner’s or property manager’s details including telephone
number in 40mm font to enable complaints to be readily made and wording to
advise that the property is ‘Registered with Byron Shire Council’.
k) Appropriate tenancy agreement between
occupants and the land owner specifying the obligations of both parties in
relation to the conditions of operation for the property as a holiday home.
l) Additional accommodation not to be provided on site
by way of tents, (including tee pees) caravans, campervans or the like.
m) The dwelling must not be used as a ‘party house’.
n) Any gatherings or celebrations at the dwelling
must comply with the Holiday Rental Code of Conduct as endorsed by Department
of Planning and any other relevant planning approvals.
Amend Byron DCP 2014
Action Plan
2a. 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 below
Table 3: Car Parking Rates
|
Land Use
|
Car parking
|
Bicycle Spaces
|
|
Short Term Rental Accommodation
|
|
No. of bedrooms
|
Parking
|
|
1-2
|
1 space
|
|
3-4
|
2 spaces
|
|
>5
|
3 spaces
|
Stacked parking permitted
for 1 vehicle.
|
No specific rates
|
Action Plan 2b. Chapter
D3 Tourist Accommodation
i. include DCP provisions for STRA, as detailed below
D3.3.8 Short Term Rental Accommodation
Objectives
1. To ensure that the design and operation of Short term rental accommodation is compatible
with the amenity and character of the locality and considers potential impacts
of the use on the adjoining and nearby residents’ enjoyment of their residences.
Performance Criteria
1. The design and operation of short term rental accommodation must not adversely
affect the amenity of the precinct in which it is located.
Prescriptive Measures
Short term rental
accommodation must:
a) not be for any tenancy greater than 90
consecutive days;
b) provide car parking in accordance with
Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access;
c) have 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
proximity of the subject dwelling within the preceding 12 months;
d) provide garbage and recycling bins that are
serviced and managed on a regular basis;
e) ensure that on-site effluent treatment systems are
adequate for short term rental accommodation of dwellings;
f) provide a bush fire evacuation plan, if
the dwelling is located in a bush fire prone area and the plan must be attached
to the dwelling in a prominent location; (NB. An approval may also be required
under Section 100B of the Rural Fires Act 1997. This can be sought concurrently
with the development application.)
g) register the use of the dwelling for STRA
on Council’s register prior to commencement and maintain registration;
h) the maximum number of occupants is 2 per bedroom excluding
children under 5 years of age.
i) provide details on an A3 size sign with an area of
min 0.1m2 to max 0.2m2 in accordance with
Council’s template, to be placed where it can clearly be seen from the public
domain (eg footpath) advising the public of the land owner’s or property
manager’s details including telephone number in 40mm font to enable complaints
to be readily made and wording to advise that the property is ‘Registered with
Byron Shire Council’.
j) ensure use of the dwelling for short term rental
accommodation complies with the Holiday Rental Code of Conduct endorsed by
Department of Planning.
k) submit a copy of the Complaints Handling
Policy, House Rules and contact details of the land owner or appointed property
manager (eg Real Estate Agent) who must be contactable 24 hours 7 days a
week and to be able to respond within 30 minutes to complaints regarding the
action of tenants and in particular issues pertaining to noise and residential
amenity with the development application
l) provide management measures for dogs
and other pets in pet friendly accommodation;
m) ensure additional accommodation is not
provided on site by way of tents, (including tee pees) caravans, campervans or
the like;
n) ensure outdoor areas including swimming pools,
spas, outdoor decking and balconies are not used between the hours of 10pm and
8am;
o) where dwellings include existing outdoor
entertainment areas, swimming pools and spas bath areas and other features that
have the potential to impact on neighbourhood amenity from excessive use, they
may need to be retrofitted with sound fencing, privacy screening and the like.
p) ensure visitors permitted at a property don’t
exceed 6 persons between 8am and 10pm and that no visitors are permitted after
10pm.
Action Plan
2b Chapter D3 Tourist Accommodation
ii. amend clause D3.3.7 Serviced Apartments to include prescriptive
measures, as detailed below
Prescriptive Measures
a) not be for any tenancy greater than 90
consecutive days;
b) provide car parking in accordance with
Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access;
c) provide garbage and recycling bins that are
serviced and managed on a regular basis;
d) register the use of the dwelling for STRA
on Council’s register prior to commencement and maintain registration;
e) pProvide details
on an A3 size sign, with an area of min 0.1m2 to max 0.2m2,
in accordance with Council’s template to be
placed where it can clearly be seen from the public domain (eg footpath)
advising the public of the land owner’s or property manager’s details including
telephone number in 40mm font to enable complaints to be readily made and
wording to advise that the property is ‘Registered with Byron Shire Council’.
f) The use of the dwelling for short term rental
accommodation to comply with the Holiday Rental Code of Conduct as endorsed by
Department of Planning.
g) Submit a copy of the Complaints Handling
Policy, House Rules and contact details of the land owner or appointed property
manager (eg Real Estate Agent) who 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 with the development application
Action Plan
2c: Amend Part A, Appendix A.1, to include new definition of STRA
Short Term Rental Accommodation is an existing dwelling that provides short term
accommodation on a commercial basis.
Action Plan 8.1: Develop information sheets
to assist land owners, property managers and neighbours understanding of the
planning controls
Short term
Rental Accommodation - Clarifications
Short term rental
accommodation (STRA) is the letting of a dwelling for any tenancy less than 90 consecutive days.
Only those dwellings that charge
rent need to comply with Council’s planning controls.
Dwellings let long term under
the Residential Tenancies Act 2010, are not short term rental accommodation.
If you want to operate a STRA,
for any tenancy up to 90 consecutive days you will need to be registered with
Council and registration is to be kept up to date.
If you operate a STRA for
less than 90days in any one year that is three bedrooms or less, it will
generally be exempt from requiring development approval, however you will still
need to comply with the exempt provisions including registering the property
with Council.
Existing STRA have one year
from the start of the new planning controls to comply.
It will be an offence to operate
a STRA without registration and or approval. Fines may apply.
There are two forms of
development holiday homes can operate under:
1. Exempt: will allow property owners of
dwellings with 3 bedrooms or less, who want to rent their property out for less
than 90 days in any one year and live there forthe remainder
the remainder of the year, or make the dwelling available for short
term renting on a permanent basis; caps number of occupants to 2 per bedroom, excluding children under 5 years of age.
2. Development Application: provides for
dwellings of any sizegreater than 3 bedrooms; caps number
of occupants as 2 occupants per bedroom excluding children under 5 years of age to a
maximum of 10 occupants for five or more bedrooms; it is also for
dwellings up to 3 bedrooms that cannot comply with the exempt provisions;
Owners of holiday homes will
be required to nominate a manager who will be responsible for the dwellings day
to day management. Owners can nominate themselves as the manager or a real
estate agent or other person, but any manager must be locally available when
the holiday home is operating.
An A3 signsize sign, in
accordance with Council’s template, is 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 owner’s or property
manager’s details including telephone number in 40mm font to enable complaints
to be readily made and wording to advise that the property is ‘Registered with
Byron Shire Council’.
More than two substantiated
complaints of a serious nature impacting on neighbouring
properties could result in registration and or development consent
not being approved.
Frequently
asked questions (FAQs)
Council fees
and charges
What will a
development application (DA) cost me?
The use of
a home for STRA would be a ‘change of use’ and charged in accordance with
Council’s fees and charges. Current fees are $285 for the DA plus $95
advertising fee to notify neighbours. In addition, an occupation
certificate would be required which can be issued either by Council or a
private certifier. Council currently charges $160/hr, minimum 1 hour. The
certificate must be registered with Council; the fee to register is $36.
How long
will Council take to process the development application?
Council will generally
process the development application within 6 weeks however the time taken to
process the application will depend on the information provided by the
applicant and the requirement to consult with State Government Agencies.
Will my
Council rates change?
Where the home is available tofor
short term rental accommodation tourists and visitors all year
roundas the dominant use then business rates may be charged.
Where the use of the home by
tourists and visitorshome for short term rental accommodation is
for less than 90days in any one year afamily home then
it should retain a residential rate.
If the aholiday short
term rental accommodation home changes back to a family
primarily residential accommodationhome then the rates would change back
to a residential rate upon the owner/manager notifying Council.
What do
business and residential rates cost?
Council rates include an
ordinary rate and annual charges for sewer supply, water supply, stormwater and
waste services.
The ordinary rate is
calculated using the unimproved capital value of the property, issued by the
NSW Valuer General’s Office for rating purposes, multiplied by either the
business or residential rate in the dollar as follows:
|
Type of rate
|
Rate in the dollar
|
|
Business
|
0.004245
|
|
Residential
|
0.002830
|
To calculate the ordinary
rate for your property go to Council’s on line rate calculator:
http://www.byron.nsw.gov.au/forms/rates-calculator-for-2014-15
These rates in the dollar
refer to Rates levied for 2014/2015. These rates are made by Council each
financial year.
Noisy Neighbors
What times
are residential noise restrictions in place?
There are
time restrictions on when noise from a residential premise should not be heard
inside a neighbour's residence. The state
government’s Department of Environment and Heritage website outlines these
times:
http://www.environment.nsw.gov.au/askenvironmentlineapp/question.aspx?qaId=ael-197
For
example:
|
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
|
If someone
is making noise during restricted times, what can I do?
Call the
owner/manager of the holiday home. All holiday homes will be required to have a
sign clearly visible to the public with the contact number of the owner/manager
who is to respond to all complaints within 30minutes.
One of the
main objectives of the Strategy is for owners/managers
to responsibly manage the use of their holiday home and to put measures in
place to ensure that their guests respect the amenity of the neighbourhood environment and understand it’s a residential area
they are residing in not a tourist resort.
What
happens if the manager/owner does not respond to my complaint?
In the
event that the manager/owner does not respond to the complaint, neighbours can call the police or Council. Where more than
two substantiated complaints have been made to Council the owner of the
property may loose the right to use the house for short term rental
accommodation
General
questions
Can’t I
already holiday let my home?
A recent
court case found that where the use of a home is not sufficiently permanent to
comprise a family home, that is it is primarily available to tourist and
visitors, the dwelling becomes tourist and visitor accommodation. Tourist and
visitor accommodation, other than bed and breakfast establishments, is
currently prohibited in the R2 Low Density Residential zone. There is a risk
that should Council not address this matter in its planning controls, then
operators of holiday homes could be taken to court by either Council or third
parties (eg community group, neighbour) for operating contrary to Council’s planning
controls.
Need help?
If you have any enquires
please talk to a Council planner on 02 6626 7126