2019-09-12 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                     12 SEPTEMBER 2019


      2.    Consult with the public about Council’s proposal to make Administration (Amendment)
            Local Law (No. 2) 2019 and Administration (Amendment) Subordinate Local Law
            (No. 2) 2019;
C.    Pursuant to section 257 of the Act, delegate to the Chief Executive Officer its powers under
      section 38 of the Act and section 15 of the Local Government Regulation 2012 to decide—
      1.    How the public interest test of Administration (Amendment) Local Law (No. 2) 2019
            contained in Attachment 1 and Administration (Amendment) Subordinate Local Law
            (No. 2) 2019 contained in Attachment 2 is to be conducted; and
      2.    The matters with which the public interest test report in relation to the local law and
            subordinate local law must deal; and
      3.    The consultation process for the public interest test and how the process is to be used
            in the public interest test;
D.    Waiver the proposed application fee for a short stay letting approval under the proposed
      Local Law for a period of 6 months starting from the date of commencement of the Local Law
      for short stay letting.

REPORT
The purpose of this report is to propose Administration (Amendment) Local Law (No.2) 2019 and
Administration (Amendment) Subordinate Local Law (No.2) 2019 as provided at Attachments 1
and 2 for endorsement by Council and for the purpose of state interest check, public consultation
and the preparation of a public interest test plan.
The numbering (No.2) of the proposed amendments and the numbering of the proposed Schedule
21A contained in Subordinate Local Law No.1 follow the guidelines referred to in section 29 of the
Local Government Act 2009. The amendments are numbered No. 2 because these are the second
amendments to Council’s Local Laws in 2019, the first being for advertising devices. For example,
should Council decide to amend a local law again in 2019, the amending local law would be
identified as Administration (Amendment) Local Law (No.3) 2019.
For clarity, this report proposes to amend:
1.    Council’s existing Local Law No.1 (Administration) 2015 to include another prescribed
      activity, relevant definitions and other required sections to include short stay letting; and
2.    The relevant sections of Subordinate Local Law No. 1 (Administration) 2015 including a new
      Schedule 21A being for the operation of Short Stay letting.
The proposed prescribed activity under the Local Law is ‘Short stay letting’ as opposed to the
Planning Act 2016 use of ‘Short term accommodation’. The purpose of the different terminology is
to clearly distinguish between the land use subject to the draft Planning Scheme and the operation
of the land use subject to the Local Law.
The proposed definition of Short stay letting –
            Short stay letting —
            (a)    means the provision, or making available, of premises for use by 1 or more
                   persons, other than the owner of the premises, for less than 3 consecutive
                   months; but
            (b)    does not include—
                   I.   shared facility accommodation; or
                  II.   the provision, or making available, of premises for use by 1 or more
                        persons, other than the owner of the premises, if the owner of the premises
                        occupies the premises during the period of use of the premises by the
                        persons other than the owner


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