2019-09-12 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                            12 SEPTEMBER 2019


live with the property and not with the owner. For example, the premises may change owners and
the use rights remain.
Council sought legal advice to ascertain existing lawful use rights of premises.
The following outlines existing lawful use rights for particular residential uses.
2.1     Dwelling houses
For a dwelling house to have existing lawful use rights, at a minimum, a demonstrated consistent
pattern of short term accommodation use or availability for all or part of the calendar year
immediately prior to the gazettal of the draft Planning Scheme is necessary.
It is proposed a consistent pattern means it can be demonstrated that the dwelling house has been
available for or used for short term accommodation for more than 4 occurrences spread over the
12 month period prior to the start of the draft Planning Scheme. For clarity, the occurrences cannot
be over the previous 2, 3 or 4 months prior to the gazettal but must be spread over the whole year.
Table 1 below outlines 3 scenarios explaining whether a planning approval and/or a local law
approval would be required.
Table 1 – Scenarios for short term accommodation

Scenario for dwelling houses                          Planning Approval           Local Law approval for
                                                      required for short term     Short stay letting.
                                                      accommodation
                                                                                  Applicable from the time
                                                                                  the Local Law comes into
                                                                                  force.

Scenario A – existing lawful use rights                         NO                          YES
Most dwelling houses currently used for short
term accommodation are likely to have existing
lawful use rights and therefore are not subject to
the draft Planning Scheme provisions for short
term accommodation.

Scenario B – no existing lawful use rights and not              YES                         YES
the principal place of residence
Where the dwelling house has no existing lawful
use rights for short term accommodation and is
not the principal place of residence.

Scenario C - no existing lawful use rights and is               NO                          YES
the principal place of residence
                                                       But must comply with
Where the dwelling house has no existing lawful       certain provisions in the
use rights for short term accommodation and is        draft Planning Scheme.
the principal place of residence and the owner
rents the premises out for short term
accommodation on no more than 4 occurrences
and a maximum of 60 nights in 1 calendar year or                YES
financial year, a planning approval is not required
but must comply with provisions of the draft            If not complying with
Planning Scheme (referred to in the draft Planning    certain provisions in the
Scheme as ‘Accepted Development subject to             draft Planning Scheme
requirements’ or what can be called self –
assessable.



For further reference a flow chart guide has been provided as Attachment 4 which outlines certain
scenarios which require planning approval and/or Local Law approval.

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