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Byron Shire
March 27, 2024

Council wastes time on holiday letting issue

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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

 


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4 COMMENTS

  1. As much as HLO does a great job with controlling its members and holiday let homes under its control it is still very much a voluntary organisation and as such has no control over the recalcitrant holiday home owners or owners who don’t want to be part of HLO.Until all holiday lets are required to become regulated and/or registered by our Byron Shire Council then it will continue to be a voluntary system and as such open to abuse.A precinct based system will penalise the existing well run holiday lets .
    In Busselton Western Australia they have a regulated system run by the local shire council that requires a certain level of compliance measures.It brought back some houses into the permanent letting market but it made sure that every holiday let had to be registered.
    The state government has stated that it is up to the individual councils to sort out their problems, so don’t expect them to help.
    Precincts got shot down back in early 2000s, they will again and we will be back in the same position this time next year if we don’t just stick with a regulated/registration system run by Council with the help of the HLO. Both Council and HLO could charge an administration fee and I am sure the vast majority of residents would be able to breathe a sigh of relief.
    Sure it may be illegal as far as the LEP but who around this area does everything by the book ?!

    • Registration by itself will not work. A strong Development Control which protects the rights of neighbours of these holiday lets is essential. The NSW Department of Planning has changed its earlier attitude towards zones or precincts and is now more amenable to this idea.

    • Geoff, in answer to your question “who around this area does everything by the book”, then I will put myself forward as well as many others that I know who treat others and our institutions with honesty, dignity and respect. Being community minded I’m sure you put yourself in the same category,

      You are correct in implying that there are holiday lets owners who are greedy and don’t care about the affect on the neighbours. I take exception to the … real estate agents who market a property with potential to holiday let and don’t inform their clients that it is illegal. I have seen their advertising. Some clients do check with Council that holiday letting is illegal, but the majority see that others are doing it and getting away with it and join in!

  2. Fast Bucks asks whether HLO is a registered organisation with formal office bearers. He should also ask how many fully paid members does HLO actually have and how representative is it of all the holiday lets ? There are no accurate figures for the number of holiday lets in the shire, but some estimates based on online advertising indicate that there is approximately one thousand. There are reports that HLO membership has declined, as indicated by an increase in problems with holiday lets, and they don’t deserve the “political clout” that they think they have.

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