Victims of Holiday Letting (VOHL) have been analysing all documents and meeting transcripts provided by the Independent Planning Commission’s (IPC) recent inquiry into Byron Shire’s proposal for a 90-day cap for STRA.
VOHL is concerned that recalcitrant and dishonest STRA owners and managers are not complying with, and are exceeding, the current 180-day cap in Byron Shire.
One document on the IPC website was an email, dated 28 October 2022, to former Planning Minister, Anthony Roberts. This email was from Colin Hussey, who signed it as CEO of A Perfect Stay and Chairman of the Australian Short Term Rental Association Byron. Mr Hussey stated that any caps on STRA are ‘unenforceable’.
All existing STRA in Byron Shire were required, by law, to register with the Department of Planning and Environment (DPE) by 31 January 2022. With each booking, the booking engine business is required to enter the arrival and departure dates for each set of guests on the DPE Premises Register. The first registration year ended on 30 January 2023.
On 10 February, Panel members met with DPE executives. Mr Luke Walton stated that larger booking engines such as Booking.com and Airbnb were cooperating and entering dates on the Premises Register. He further said that smaller booking engines were not complying with the mandatory entry of dates. Failure to enter dates is an offence under section 54C of the Fair Trading Regulations Act and a civil penalty provision applies under section 54D of the Act.
On Wednesday 22 February, the General Manager of A Perfect Stay (a smaller booking engine), Karl Divers, made a presentation to the IPC hearing. Mr Divers was asked by the commissioner about their average occupancy rate. He replied that it was about 200+ days a year. The commissioner responded by pointing out that this would have exceeded the 180-day cap. Mr Divers made a weak excuse that he misunderstood the question.
VOHL suggests that if neighbours suspect that an u-hosted STRA in Byron Shire will exceed the current 180-day cap, then keep a record of guest arrivals and departures and obtain other evidence. Lodge a complaint to the Council and Fair Trading. This is the best way of stopping this illegality and widespread rorting. If the 90-day cap is accepted, it will be essential.
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