21.6 C
Byron Shire
May 10, 2021

Holiday let reality

Latest News

Global predicament

Dudley Leggett – Director of Sustainability Research Institute, Suffolk Park Phillip Frazer’s article, (Echo 6 January) is an excellent summary of...

Other News

Byron Bay wins season opener against Mullum Giants

  Ross Kendall The local league derby is always  and the Byron Bay Red Devils have won the first game of...

Humans suck

Hannah Grace, Ocean Shores I heard on the local news, like, this afternoon (April 20), that 370+ kilos of tuna...

Echo turns 35 and You are invited!

This year The Echo turns 35, and to celebrate this momentous anniversary they are putting on The Echo Community Awards – and everyone is invited!

Jonson Street bus shelter gone and an era ended

Byron Shire Council says that the wooden bus shelter on Jonson Street outside the Byron Visitors Centre is being removed today with all bus services operating from the new bus interchange on Butler Street in Byron Bay

What’s your opinion on the COVID vax?

Even though the Federal government refuses to take responsibility for the slow rollout of COIVID vaccines across the country you can still have your say on its rollout locally.

Board defends its management of Mullum Rural Co-op

The issue of potential fraud and financial mismanagement was a key part of the response from Mullumbimby Rural Co-op...

Doug Luke – Coordinator VOHL, Woodburn

John Gudgeon, president of the Holiday Letting Organisation Byron, can’t face the reality that holiday letting in Byron Shire is still illegal. (13 January) Mr Gudgeon can’t understand why his legal advice submitted to Byron Council has been completely disregarded. Victims of Holiday Letting (VOHL) reminds Mr Gudgeon that Council’s and VOHL’s lawyers have found that his flawed legal advice is without substance. If Mr Gudgeon had any faith in his legal advice he would have wanted it tested in a law court.

Mr Gudgeon states that the benchmark Dobrohotoff v Bennic (2013) Land and Environment Court (LEC) case is ‘totally misunderstood’. It is Mr Gudgeon who has totally misunderstood the judgement and should thoroughly read it. 

He incorrectly states that the case was presided over by a magistrate. Justice Rachel Pepper was the presiding LEC Judge and is not a magistrate. The Class 4 case required much more supporting evidence compared to a normal Class1 case.

Mr Gudgeon mentions that the judge had a holiday home. Justice Pepper declared her holiday home and that she occasionally rented it. Both parties in the case did not have any issues with this. Being a responsible and law-abiding citizen, probably Justice Pepper’s holiday home was in a zone where visitor and tourist accommodation was allowed and she probably obtained development consent from her Council.

Mr Gudgeon states ‘the owners (Ms Bennic) were advertising and renting for parties and functions, etc’. This is completely false and no statement of this kind was made in the judgement.

Ms Bennic advertised on Stayz, which had a no party/function policy, which enabled her to advertise there. She stated that she attempted to use the voluntary Holiday Rental Code of Conduct, used by Stayz, to control the behaviour of the occupants. This was completely unsuccessful, as is the case with many other holiday lets. Mr Gudgeon was a member of the committee that developed the Code.

Poor behaviour by holiday let occupants, resulting in continuing residential amenity damage prompted the Dobrohotoff’s to seek redress in the LEC. The judgement, that holiday letting is illegal was based on planning law.

John Gudgeon has completely ignored Justice Pepper’s statements. 

She stated in her judgement:

1. The use of the holiday let is prohibited as it was not for the use of a dwelling house as required in a residential zone.

2. The use of the holiday let breached the Environmental Planning and Assessment Act 1976.

3. The use of the holiday let ultimately was an affront to the planning laws of NSW.

Holiday letting without development consent is still an illegal and prohibited activity in residential zones in Byron Shire.  

Previous articleGrowing underclass
Next articleIn other words

Support The Echo

Keeping the community together and the community voice loud and clear is what The Echo is about. More than ever we need your help to keep this voice alive and thriving in the community.

Like all businesses we are struggling to keep food on the table of all our local and hard working journalists, artists, sales, delivery and drudges who keep the news coming out to you both in the newspaper and online. If you can spare a few dollars a week – or maybe more – we would appreciate all the support you are able to give to keep the voice of independent, local journalism alive.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

How full is that glass?

Cr Alan Hunter, Byron Shire Council Council Staff recommend opposing the proposed changes in the Exempt Development provisions to be considered in this week’s Council Ordinary meeting. The...

Creative carbon capture

Desmond Bellamy – Special Projects Coordinator, PETA Australia, Byron Bay Last week, the Australian government pledged half a billion dollars for ‘clean’ energy projects, including 264 million...

Assange’s father to beg Biden for son’s freedom

John Shipton, father of detained WikiLeaks founder Julian Assange, says he’ll return to the United States to ask President Joe Biden to drop legal action against his son.

Linnaeus Estate DA raises residents concerns

Community concern over the current development application (DA: 10.2021.170.1) for Linnaeus Estate in Broken Head has led to detailed analysis of the DA.