13.5 - Attachment 2


Table 1: Draft Short Term Holiday Accommodation Strategy – public exhibition submission comments from State Agencies 

State Government Agencies

Staff comments / Recommendations / Actions

NSW Rural Fire Service

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

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


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

TheAction: amend exempt planning controls have been amended to include this as a requirement

NSW Planning and the Environment

General Comments

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

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

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

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




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

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

a)            Action: community to confirm if use of strata title and community title developments can be used for holiday letting without the approval of the owners corporation (Strata Title) or Management Association (Community Title)

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

The  As this is open to a broad interpretation it is recommended that the number of occupants be retained but the wording simplified.

Action: simplify wording regarding number of occupants has been simplified.

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

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

d)            Noted. Controls have been to be simplified.

Exempt controls

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

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


Action: simplify pPlanning controls have been simplified and improve equity improved  by consolidating the exempt and complying provisions as follows:

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

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

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

  • Delete requirement for wired smoke alarms, evacuation lighting, fire blanket and extinguisher and rely on requirement to comply with Building Code of Australia (BCA). The onus will be on the owners to ensure compliance with the BCA.

·          Define proximity of complainers to 40m

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

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

  • Delete subclause 10 regarding amenity of the neighbourhood as this does not need to be stated to enable fines under the POEO Act (eg. noise) or breaches of the planning controls (eg. parking)

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

·          Retain requirement to register dwelling with Council registration provisions (subcl11) prior to use with minor amendment

·          Amend Subclause 12 to Holiday Rental Code of Conduct to the one endorsed by the Department of Planning.correct author of code of Conduct[s2] 

·          Retain response times of 30mins for complaints to be attended to by the owner or manager. (subcl13)

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

·          Delete requirement to maintain a Log Book (Subcl15) as this is a under the Code of Conduct there is a requirement under the Holiday Rental Code of Conduct to retain details for dealing with complaints  

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

Complying controls

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

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

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

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


See comments against ‘Exempt’ above

Delete Complying controls

Development control plan

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

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

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

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

Amended hHeading amended to - Short Term Rental Accommodation

a)            Agree, delete streetscape performance criteria


b)            Agree, clarify 90 day provision in DCP controls


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

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

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



Table 2: Draft Short Term Holiday Accommodation Strategy – public exhibition submission comments (includes issues raised at 24 November 2014 workshop)


Staff comments/recommendations


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

It is good that there is a structure

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

Needs to be simplified

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

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




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

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

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

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

Change definition to read:

Short Term Residential Accommodation

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

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


Definition has been simplified and now refers to ‘dwellings’

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


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

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

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

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

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

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

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

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

Max of two families

Max of 6 unrelated people

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

Number of occupants too many – should be 6

Is the garage included as a bedroom

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

School holiday period too restrictive

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

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

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

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

Must reference dwelling houses – not dwellings.

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

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




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


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

Larger houses shouldn’t be penalized

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

Change complying to 4 bedroom dwellings

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

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

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

Time frames unclear in terms of 90 days/year

Complying provisions have been deleted.

DA Provisions

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

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

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

DA should be required  for bigger houses

DA 4 bedroom – Conditions = requirements same as guesthouses

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

Number of occupants should be lessened

How long is period of consent?

Does the consent go with the land or the owner?

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

DA’s will provide income stream to Council

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

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

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

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


Department of Planning don’t support a precinct model.

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

Consent is attached to the land.

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

Number of bedrooms

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

3 bedroom verses 4 bedroom arbitrary & not fair

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

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

Number of People

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

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

Numbers to be restricted at all times

Maximum of 8 people for all types of accommodation.

Age restrictions difficult to enforce

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

Children under 2 should be exempt

Planning controls that restrict occupancy based on age is discriminatory

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

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

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

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

Maximum of 10 people is too many

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

Number of occupants has been simplified and capped at 2 per bedroom plus 2 to a maximum of 10 occupants for 5 or more bedroomsa DA. Exempt will be limited to a maximum of 86 occupants.

Other forms of tourist and visitor accommodation

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

Need clarification, needs to be split

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

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

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

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

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

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

Breakfast should be provided

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

More research needed on air bnb before changing LEP

Serviced Apartments

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

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

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

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

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

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

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


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


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

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

General planning

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

Like there are 3 levels of compliance

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

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

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

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

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

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

Council should have a referendum on the issue

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

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

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

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

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

Use of outdoor areas too draconian and hard to police

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

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

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

Should not be permitted in Gated Communities  

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Holiday letting already regulated by LEP and should remain prohibited

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

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

Legalizing holiday letting unfair on existing legal tourist operators

Support current prohibition by LEP

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



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


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

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

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

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

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

Police should regulate noise and party issues

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

Responsible management needed rather than regulations.

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

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

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

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


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


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

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

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

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

No details as to what will trigger rate increase

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

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

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


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

Business rates should also apply to long term renters as well

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

Rates should be levied for complying and DA categories

Levy could be used for paying extra compliance officers



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


Fees and Charges


Like that fees are being applied

Fees to be charged commensurate with earning capacity of house

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

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

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

Additional revenue needs to be generated to cover costs of compliance

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

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


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

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



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

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

Income from fines could be used for street landscaping.                                                                                                                                                                                                   


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

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

Request DoPE to amend Code of Conduct to include wording in relation to Clause 3.4 that a minimum Add Note that Bond should be bond of based on $250/ person adult per dwelling be paid.staying at the premises.

Increased costs

Regulation will result in increased costs for land owners

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

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

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

Increased costs will make STHL un-commercial

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

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


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

Behavioral management

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

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

Addresses behavioral issues but can be strengthened

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

Like onus on managers to manage and ownership accountability

Like that it reduces Police call outs

Rules are not too heavy handed

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


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

Guest Rules/ code of Conduct

Like adoption of ‘code of conduct’

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

Support HLO Code of Conduct and self regulation,

State Govt supports self regulation and code of conduct

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

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

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

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

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

House rules to be specifically designed for the property

House Rules to be provided to Neighbours

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

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

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


Supports that complaints  to be substantiated

Define substantiated complaint

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

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

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

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

How will Council determine what is a vexatious complaint

Likelihood of vexatious complaints not dealt with fairly

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

24 hour contact person given to neighbouring property owners

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

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

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

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

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

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

After two valid complaints deregister not three

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

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

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

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

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



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

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

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




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

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

Change 12 months to 6 months for compliance with LEP provisions

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

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

Like the fact there is going to be some compliance

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

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

Not enough protection for existing residents

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

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

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

Examine option of security personnel issuing fines

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

How is a serious breach defined and who does this?

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

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

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


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


Amnesty for existing operators to come forward and register

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

After three valid complaints property should be deregistered

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

Cost of registration unknown?

Will register be accessible online to everyone

Should be an offence not to register

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

Guests and cars should be registered

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

Change dot point 7 to read

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

Add following bullet points

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

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

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

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




Action: - Develop internet register with IT for Council and operator use and .


Action: Iinvestigate fees for registration

Log Book

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

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

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


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


Like sign on front fence

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

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

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

Sign to also have council after hour number for complaints

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

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

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

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

Should be no bigger than 0.25m2

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

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

Non Approved signage to be removed






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

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


Other Signage

Need signage in streets – alcohol free areas

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


Management Plans

Must be a statutory document signed by owner and manager

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

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

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

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

Plan of management required for each holiday let

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

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

Management plan should be provided to surrounding neighbbours

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

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


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

Conditions of Consent

Change heading to read Conditions of Consent Must be imposed

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

Replace longer time frame with 2 years

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

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

Additional visitors limited to 2 person



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


Need appropriate number of bins to serve guests

Littering from broken bottles and cigarette butts

Bonfires on the beach not policed properly

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

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

Private rubbish bins are being hijacked

Like Garbage management requirements

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


Inadequate parking puts stress on street parking

Street vegetation damaged by cars parking on nature strips

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

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

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

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

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

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

Stacked parking can lead to excessive vehicle movements and car noise

Parking should be on hard stand areas



Parking rates proposed are considered appropriate


Increased traffic in the whole shire a major problem

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

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

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

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

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

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

Will pools be inspected like commercial pools

Emergency lighting in stairwells on buildings which provide egress

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

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

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

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

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

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

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

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



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

Dwellings will need to comply with the Building Code Of AustraliaAll domestic and commercial pools and spas are required to be registered. Council is inspecting pools for compliance with relevant pool fencing requirements. Where fencing is non compliant they have to be upgraded accordingly.




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

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

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

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


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



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

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



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

Holiday letting devalues existing properties

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

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

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

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

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

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

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

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


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


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


House swapping

Locals who house swap don’t cause the problems


Alternatives to Holiday letting

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

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


Legal Precedence

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

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

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

Consultation process

There has been a lack of consultation

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

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

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

Lack of industry consultation with preparation of strategy

Proper and appropriate community consultation needed

A referendum on  options needed

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

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


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

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


Residential Amenity

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

Amenity of many residential areas of town being destroyed

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

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

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

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

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

We are loosing our communities to holiday makers

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

Residents have a right to peace and quiet

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

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

Where can residents live without holiday letting surrounding them?

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

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

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

Don’t let Byron become the Gold Coast

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

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

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

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

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

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

Location of holiday Letting

Should be confined to Byron CBD and surrounding areas

Should be located only at  beachfront Byron, Suffolk and Wategoes

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

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

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

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

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

Should be permitted only in freestanding houses

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

Holiday letting and residential living cannot co-exist without problems

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

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

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

Should not be permitted in Strata Units where permanents live

Should be a separate precinct for schoolies


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

Holiday accommodation should be provided in registered places only

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

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

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



Brunswick Heads

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

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

Brunswick will be collateral damage to solve problems of Byron Bay

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

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

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

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

Holiday letting creates local employment eg cleaners and gardeners

Strategy is a restriction of trade

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

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

New controls will affect visitor numbers and  towns economy

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


See comments below for  Brunswick Heads Chamber of Commerce

New Brighton and other areas

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

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

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

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

Controls have been simplified

Suffolk Park

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

Local flora and fauna adversely impacted by holiday letting

Supports holiday letting only east of Armstrong St


 Brunswick Heads

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

Limited services are provided and they aren’t serviced apartments

Definition should be amended changing dwelling house to dwellings

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


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

Brunswick Heads Chamber of Commerce/ Brunswick Tourism

Concern that:

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

would have an adverse impact on jobs, local economy

unlikely to have any impact on housing in Brunswick Heads

Lack of research for Brunswick Heads

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

definitions are problematic

Simplify Short term accommodation definition

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

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

Prohibit use of secondary dwellings and granny flats from holiday letting


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

Recommended that:

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


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

Room, Studio or Unit

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

Air BnB

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

Bedrooms Numbers

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

90 Day exempt provisions

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

Recommended that:

 all accommodation providers be treated the same;

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

Occasional rentals be managed by experienced party with necessary skills


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

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

Code of Conduct - Supported

Exempt Complying and DA provisions

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

Recommended that only two categories:

Exempt development – 4 bedrooms/ 8 occupants

DA provisions – 5 bedrooms and 10 occupants

General Comments

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

Submission of a management plan will be costly and onerous

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

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

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

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


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


Table 3: Draft Short Term Holiday Accommodation Strategy – comments on specific holiday let properties in Byron Bay, Suffolk Park and Brunswick Heads

Specific Pproperties: submissions were received on a number of holiday let properties submission comments in Byron Bay, Suffolk Park and Brunswick Heads

Byron Bay

Not a party house we focus on families

Guests must abide by house rules displayed in dining room

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

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

Property advertised as accommodating 6 couples and children and groups

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

Property leased year round

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

House used for bucks parties and strippers

Owner never monitors tenants behavior

Lack of parking

Families with children exposed to lewd behavior

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

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

Noise limit be set eg decibel level

Number of tenants be limited to 8 persons

Exempt be deleted and incorporated into complying

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

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

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

Owners cant evict long term tenants at Christmas

The term substantiated be defined.

Advertising on dwelling not allowed.

Predominantly housing is used for holiday letting

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

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

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

Exempt doesn’t include schoolies or festivals – thanks

Do parking areas include front lawns

Business rates supported

Smoke alarms, evacuation lighting, fire extinguishers are sensible

More accountability to owners

Restrictions on hours for outdoor areas sensible. 

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

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

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

Renters parking in front of our garage blocking access

Using the wrong bins and contaminating recycling

Smashed bottles on driveway thrown from balcony

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

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

Loss of amenity and community

Current self regulation doesn’t work

Strategy wont have any positive impacts

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

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


 Suffolk Park

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

Holiday lets in Estate create noise, rubbish and parking problems

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

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

Rang the noisy neighbor hotline many times and sometimes the police

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

House used for bucks parties and schoolies

Guests should be evicted the next morning for unruly behavior

Fines issued to guests and owners

Pools not allowed to be used after a certain hour

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

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

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

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

Support registration

Support code of Conduct bedroom and house numbers

Support implementation of immediate response to non compliant behavior

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

Strategy doesn’t deal with deferred areas under BLEP 2014

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

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


Brunswick Heads

Building contains 4 units above shops built in 1970’s

Units have been holiday let and permanently rented

If rates and costs increased would not consider permanent letting 

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

No to increased rates

Strategy is anti tourism anti social and anti progress

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

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

Two complaints and your out is unfair

Landlords may start a class action


 [s1]Confirm with Ralph

 [s2]Check with DoPE as to which version/org they have endorsed