2019-09-12 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                       12 SEPTEMBER 2019


Confirmation is likely to be provided as a ‘tick box’ form declaring the owner of the premises has
undertaken these aspects.

Part 4 contains criteria for the assessment of an application. The criteria ensures the premises can
operate without detrimentally affecting surrounding properties and includes:
     the parking of vehicles is on-site;
     the number of occupants does not exceed the equivalent of 2 per bedroom to a maximum of
      12 persons, whichever is the lesser; and
     the identification of a contact person who—
      o     is available 24 hours 7 days per week; and
      o     resides within 20 minute travel time of the premises; and
      o     will be responsible for the premises.

Part 4(d) and (e) of the proposed Subordinate Local Law No.1 sets out criteria to ensure that no
new approvals are issued if the approval has been suspended, cancelled or if convicted of 3
offences over a 2 year period. The relevant criteria is provided below:

… (d) the applicant has not, within the last 2 years, held an approval pursuant to the authorising
local law in respect of the operation of short stay letting which has been cancelled pursuant to
section 17 or 19 of the authorising local law;

(e) the applicant has not, within the last 2 years, been convicted of 3 or more offences against the
authorising local law in respect of the operation of short stay letting;…

Part 6, importantly, contains conditions that will be ordinarily imposed on approvals. A variety of
conditions are included, including a sign (maximum area of 0.2m²) with the name and phone
number of the contact person which must be placed where it is clearly visible from the street.

Conditions also require the owner or contact person to maintain a complaint register and a guest
register (number of persons and occurrences etc.) The registers must be made available for
Council inspection should the need arise.

Condition 6 (j) is an embedded ‘code of conduct’ which is provided in full below:

(a)   each of the approval holder and, if the contact person is not the approval holder, the contact
      person, must require each person who uses, or occupies (including visitors) (each an
      occupant) the premises to comply with each of the following conditions (collectively the code
      of conduct)—
      (i)  each vehicle used by an occupant of the premises must—
           (A) be stored in a manner that does not cause a nuisance or inconvenience to
                  adjoining premises; and
           (B) if parking facilities for a person occupying the premises are provided at the
                  premises — be parked within the parking facilities at the premises; and
           (C) not be parked in a manner which permits or allows the vehicle to protrude or
                  extend beyond the boundary of the premises;
                  (ii) the maximum number of occupants of the premises must not exceed
                        whichever is the lesser of —
                        (A) 12; and
                        (B) the number calculated by multiplying the total number of bedrooms
                              at the premises by 2;
                  (iii) each occupant of the premises must ensure that each person who uses or
                        occupies the premises does not—
                        (A) detrimentally affect residential amenity in the vicinity of the premises;
                              or
                        (B) cause a nuisance (including a noise nuisance);


                                                                                     Page 24 of 57