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Byron Shire
May 12, 2021

Holiday letting a detriment to Byron community

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Submissions to the short term holiday letting in NSW Options Paper closed on October 31.

The Holiday Rental Industry Association (HRIA) and Holiday Let Organisation (HLO Byron) made a joint submission.

The following statement was made in their submission: ‘It is evident that the activity of providing short-term residential accommodation has always been, and is generally, a legal activity in dwellings that have residential development consent’.

No evidence was supplied to support this ludicrous statement as there isn’t any evidence.

In sharp contrast to this ludicrous statement was the response by the legal advisor to the HRIA. He was subjected to intense questioning by Victorian MP’s at the public hearing into short stay accommodation on March 24.

Under oath, he said that holiday letting was illegal in NSW. His response can be found in Hansard.

Their submission conveniently failed to present the numerous legal cases in NSW that show the illegality of holiday letting.

This includes the benchmark Dobrohotoff vs Bennic (May 2013) Land and Environment Court case. Justice Pepper said that the illegal holiday letting offended NSW planning law.

The Byron community has seen a massive increase in illegal holiday lets during the past four years. This has been to the detriment of our community.

At the June 22 meeting Council repealed the moratorium on prosecution of illegal holiday letting. Council staff said that they were preparing cases for prosecution.

We look forward in the very near future to seeing a positive outcome to these prosecutions.

Doug Luke, co-ordinator, Victims Of Holiday Letting

 


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1 COMMENT

  1. Sort-term rental has no place in residential areas. The people using them are not ‘residing’ in them, they are holidaying or on a business trip of some sort. They are a commercial enterprise. They are a curse in residential areas as they take up more and more of each street even if there is no noise or partying (which there often is). In this Shire they are generally crammed and place more demands on street parking, rubbish collection and other infrastructure. Their owners are paying normal residential rates and generally making a motza at the expense of a declining number of permanent residents. People find they have no neighbours and renters find there is nowhere they can afford. The more permanents who move out the more ‘residences’ are snapped up for more nice little holiday rent earners. A 30% rate increase is certainly not helping this situation (thanks Ken et al). It is such a pity the easiest solution was grasped before anything was attempted about this scourge or other long overdue initiatives attempted like combined coastal council lobbying. Increasing the unaffordability of permanent residence only added to the speed at which the inevitable train wreck is travelling.
    By the way what happened to the formation of the representative committee that would be tasked with investigating ways of alternative revenue sources? Quickly forgotten when the heat died down!

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