A statewide definition and guidelines has been proposed for short-term holiday rental properties, following years of lobbying by Kiama and other councils.
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This could include enforcement provisions to address “problem houses”.
The NSW Legislative Assembly Committee on Environment and Planning recently released their report on the adequacy of the regulation of short-term holiday lettings for NSW.
The inquiry referenced matters such as the differences between traditional accommodation providers and online platforms; the growth of short-term and online lettings and the changing character of the market; and regulatory issues posed by short-term letting including customer safety, land use planning and neighbourhood amenity, and licensing and taxation.
In a report tabled at Tuesday’s meeting, Kiama council endorsed the submission to the inquiry prepared by the director of Environmental Services.
“The chair of the inquiry, Mark Coure MP, in his foreword to the report states that short-term rental accommodation should be defined and permitted in NSW,” council’s report said.
“It is further stated that ‘it is a longstanding use which generates a comparatively low level of complaints, and with the right regulations and compliance regime, can be permitted in residential areas’.
“The report recognises that the better employment of some existing planning tools will help achieve the compliance regime that the committee envisage.
“These include the Holiday and Short-Term Rental Code of Conduct, newly legislated investigative powers and streamlined development assessment.
“It is further suggested that some relatively minor amendments to the planning and strata management legislation based on existing and proposed models in Queensland and Victoria, will improve the situation of people adversely affected by short-term rental accommodation.”
According to council, for many years Kiama and other councils have lobbied for the state government to introduce a standard definition and guidelines.
“It is also pleasing that council’s existing Local Environment Plan and Development Control Plan which permits short-term holiday letting without development consent subject to there not being interference generally with the amenity of the neighbourhood, is generally consistent with the recommendations,” council’s report said.
“A recommendation of the inquiry which states that for the relatively small number of short-term holiday lettings where there are unreasonable impacts there needs to be investigative powers and ‘party house’ provisions is strongly supported.”
Online holiday home rental sites such as Airbnb and Stayz feature many properties located within the Kiama municipality.
Council general manager Michael Forsyth said it was estimated between 200-300 homes within the municipality were used for this purpose.
“I think the report is generally a good report,” Mr Forsyth said.
“This council for years has been lobbying the state government to address it on a statewide basis, and they’re recommending having a common definition across the state.
“I think also they’re proposing that they be accepted, but there would be some provisions there in case a house becomes a problem.
“We have a small number, probably less than a handful, that do raise concerns from local residents… I think it’s important there is some enforcement provisions to be able to address those problem houses going forward, for the benefit of the residents who have to live around it.”
The state government is to respond to the report by April 19, 2017.
“You’d expect there’d be some provisions there to allow for some enforcement, which might be fines or even able to eventually take an injunction or closure application… That they’ve got to close that use of that property,” Mr Forsyth said.
