Occupants would be capped at two per bedroom, excluding children under 5 years. Property owners and holiday renters would need to comply with fire safety, amenity impacts and complaints management. The property would need to be registered with Council
Development consent would be required for properties that have more than three bedrooms or wish to holiday let longer than 90 days within a year.
The changes come as a result of the Byron Shire Council amending its Local Environment Plan 2014.
Byron mayor Simon Richardson said the issue of holiday letting has long been a divisive issue.
‘After many consultation sessions with effected residents, property owners and managers, the LEP amendment will allow everyone clear guidance on what is, and is not, acceptable within our towns,’ Cr Richardson said.
‘The outcome was about finding a balance between ensuring neighbourhood amenity and supporting tourism within a planning control that was not overly arduous.
‘It was particularly gratifying to hear from people who had been affected by holiday letting, that they were pleased to see the shire leading Australia with new ground breaking and tough regulations that would help protect amenity,’ he said.
If there are two substantiated complaints within a year, noted Mayor Richardson, then that property would no longer be able to holiday-let.
The property owner or manager must also be contactable 24 hours, 7 days a week, to respond to complaints on issues such as noise, parties, anti-social behaviour that affects neighbourhood amenity.
Signage would be required at the front of the property with contact details.
At the end of 2015, Byron Shire Council placed the planning proposal on public exhibition. Fifty eight public submissions were received.
As a result of the most recent council meeting, the Byron LEP 2014 will now be amended and the new planning controls put into effect. It does not require approval from the NSW Minister for Planning and Environment, as authority had been delegated to the council.
Existing holiday homes will have one year from the gazettal of the new planning controls to comply.