Byron Shire Short Term Holiday Accommodation Action Plan

BYRON SHIRE COUNCIL

13.5 - 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. As a result of the issues raised in submissions, 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’, with a maximum of 10 occupants for 5 or more bedrooms

· Consolidating exempt and complying planning controls as all exempt and retaining development application:

1. Exempt: will allow property owners of dwellings with 3 bedrooms or less, who want to rent their property out for short periods any time throughout the year and live there for the remainder of the year, or make the dwelling available for short term renting on a permanent basis; caps number of occupants to 2 per bedroom.

2. Development Application: provides for dwellings greater than 3 bedrooms; caps number of occupants as 2 occupants per bedroom 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 of the subject dwelling can contact the land owner or appointed property manager in the first instance to report any complaints. In the event that the land owner or appointed property manager does not respond to the complaint, neighbours should call the police or Council.	STRA neighbours Timeframe: Ongoing
6. Holiday Rental Code of Conduct	6a. Council acknowledges that the Holiday Rental Code of Conduct was developed by a consortium of stakeholders.	Council Timeframe: April 2015 Cost: existing budget
	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/adult per letting’
7. Moratorium	7a. Council allow a one year moratorium upon the LEP amendment being made for land owners/managers of existing STRA to comply with exempt or development consent provisions. The moratorium is for applying to use the dwelling for STRA. Complaints relating to noise or amenity issues are not covered by this moratorium. A Council resolution will be required to direct Council’s Compliance Staff to take no action at the point of council resolving to make the LEP amendment for the first 12mths.	Council Timeframe: one year post gazettal of the LEP amendment Cost: existing budgets
8. Develop information sheets and website content	8a. Develop information sheets to assist land owners, property managers and neighbours understanding of the planning controls	Council Timeframe: prior to LEP amendments being gazetted Cost: existing budgets
	8b. Update information on Council’s website in relation to STRA
	8c. Provide information to various holiday rental organisations eg. HLO, STAYZ, WOTIF, real estate agents etc on Councils STRA Action Plan and Planning Controls.
9. Review Action Plan and effectiveness of planning controls	9a. Twelve months from adoption of the Action Plan prepare a status report to Council on the progress of implementing the actions.	Council Timeframe: April 2016 Cost: existing budgets
	9b. Review the effectiveness of planning controls within 18months of their gazettal.	Council Timeframe: 18mths post gazettal of planning controls Cost: existing budgets
	9c. Develop an Authority Data Report on key indicators such as number of registered properties; number of exempt and DAs; number of complaints and action taken etc for reporting to Council in line with the 18mth review of the Action plan	Council Timeframe: prior to LEP amendments being gazetted Cost: existing budgets

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 on a commercial basis,

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

Minor change

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

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

Deleted

New

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

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

(4) To facilitate family holidays:

I. The maximum number of occupants is 10

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

Changed

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

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

No change

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

New (as per Wyong’s LEP 2013)

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

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

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

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

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

No change

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

No change

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

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

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

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

No change

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

Minor change

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

No change

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

Change

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

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

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

Minor change

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

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

Minor change

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

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

Minor change

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

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

Minor changes

(15) A sign with an area of min 0.1m² to max 0.2m²be placed where it can clearly be seen from the public domain (eg footpath) advising the public of the land owners or property managers details including telephone number to enable complaints to be readily made and wording to advise that the property is ‘Registered with Byron Shire Council’,

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

Delete

Comment: Required by Holiday Rental Code of Conduct

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

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

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

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

BYRON SHIRE COUNCIL

13.5 - 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 on a commercial basis,
(4) Despite any other provision of this Plan, development consent may be granted for the use of a dwelling house as short term holiday accommodation.	Minor change (4) Despite any other provision of this Plan, development consent may be granted for the use of a dwelling as short term rental accommodation,
(5) The maximum number of occupants is 2 per bedroom with no more than 8 occupants 16 years or older for 4 or more bedrooms and with no more than 10 occupants in total.	Change (5) The maximum number of occupants is 2 per bedroom with no more than 10 occupants in total for five or more bedrooms. Comment: Five or more bedroom homes will be capped at a maximum of 10 occupants.

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 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) A sign with an area of min 0.1m² to max 0.2m²is placed where it can clearly be seen from the public domain (eg footpath) advising the public of the land owners or property managers details including telephone number to enable complaints to be readily made and wording to advise that the property is ‘Registered with Byron Shire Council’.

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 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) provide details on a sign with an area of min 0.1m² to max 0.2m²to be placed where it can clearly be seen from the public domain (eg footpath) advising the public of the land owners or property managers details including telephone number to enable complaints to be readily made and wording to advise that the property is ‘Registered with Byron Shire Council’.

i) ensure use of the dwelling for short term rental accommodation complies with the Holiday Rental Code of Conduct endorsed by Department of Planning.

j) 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

k) provide management measures for dogs and other pets in pet friendly accommodation;

l) ensure additional accommodation is not provided on site by way of tents, (including tee pees) caravans, campervans or the like;

m) ensure outdoor areas including swimming pools, spas, outdoor decking and balconies are not used between the hours of 10pm and 8am;

n) 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.

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

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 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:

2. Development Application: provides for dwellings greater than 3 bedrooms; caps number of occupants as 2 occupants per bedroom 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.

A sign 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 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’.

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 to tourists and visitors all year round then business rates may be charged.

Where the use of the home by tourists and visitors is ancillary to its dominant use as a family home then it may retain a residential rate.

If a holiday home changes back to a family home 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