I owe Byron Council planning director Ray Darney a partial apology. I accused him of failing to inform councillors that holiday letting is illegal, when he had actually done so. The apology is partial because he provided his advice only via an internal council memo, a document that does not normally become public. His public comments in the agenda for the last council meeting were scant and evasive, consistent with every other document of his that I’ve seen on that subject.
So that the holiday letting issue might finally, finally be publicly clarified I now quote from said memo – being Doc E 2013/55094:
‘… the holiday letting of dwelling houses in [Byron] Shire is also unlawful under the Byron LEP 1988 and in breach of the Environmental Planning & Assessment Act 1979’.
I hope that finally settles the matter for Cr Di Woods and particularly for the Holiday Letting Organisation, which has long claimed that it has legal advice that the practice is legal but refuses to release that advice. Is the HLO a registered organisation with formal office-bearers? Is it legally feasible for Council to enter into a memorandum of understanding with this organisation, as being considered by Council? Can the HLO legally collect bonds from its members to ensure guests behave themselves?
I’ve said in the past that you can’t enter into a legally binding agreement to do something illegal. If holiday letting is illegal in the residential 2(a) zone how then can Council set up precincts where it is supposed to be okay, ie a system where some are permitted to do it and others not?
Apart from the legal issues I’ve raised above there is also the question of Council insurance liability if it appears to condone holiday letting – which, because of its illegality, must be uninsurable.
There are many legal reasons then for Council not to waste its time or resources in this information vacuum, yet councillors plough on regardless – and Ray Darney looks on in silent bemusement.
Apparently state government representatives have addressed council workshops and assured councillors that legal changes will be made to deal with the problems. Until that happens and until you know where the goalposts are and what the rules of the game are, why would you waste your energy?
Fast Buck$, Coorabell
For four decades The Echo has printed the stories some people loved, some people hated, and some pretended not to read. If you want us to keep telling the truth, the real truth, not the sugar-coated version. We’ll need your support to keep the presses rolling. 
