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At the June 22 meeting Council repealed the moratorium on prosecution of illegal holiday letting.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