2019-02-12 Attachment 1 to Item 7 - Short Term Accom Online Platform Issues Paper

Interestingly, Byron Shire Council has been caught out in its attempts to encourage a more affordable
housing supply. “Granny flats” are approved under the NSW Affordable Rental Housing State
Environmental Planning Policy, and as such were encouraged by Council which waived contribution
fees in order to support more affordable housing. The Council is now trying to deal with these “granny
flats” being used for short-term rental in residential areas, having to take enforcement action to
prevent such use.


6.7         Mornington Peninsular Shire Council, Victoria
The Gurran et al report notes that the number of Airbnb beds in Mornington is 585% of traditional
tourist sector beds. As a percentage of whole homes available as rental stock, Airbnb properties
equate to 18.8%.

Mornington Peninsular uses a Local Law and associated Code of Conduct to require short-term on-
line rental property owners to register their properties and adhere to a standard of management and
operation.

On 24 April 2018, the Mornington Peninsular Shire Council at its Ordinary Council Meeting resolved
to adopt the Short Stay Rental Accommodation Local Law. The Local Law came into operation on
17 May 2018 and will cease to operate on 17 May 2028, unless sooner revoked by the Mornington
Peninsular Shire Council.

The purpose of the Local Law is to:
     Regulate and control the use of short stay rental accommodation within the Municipal District of
      the Mornington Peninsula Shire Council.
     Ensure an appropriate standard of management and presentation of such.
     Minimise the risk of such accommodation affecting the peace of neighbours.
     Implement a registration requirement; and
     Provide for a Code of Conduct under the Local Law

The Local Law defines Short Stay Rental Accommodation as accommodation for no more than 30
consecutive days or 1 month in a dwelling for commercial gain, excluding other accommodation
premises required to be registered under alternate legislation.

Table 9 outlines the key requirements, conditions and parameters of the local law, which is supported
by a Code of Conduct. It should be noted that the use of local laws may be open to legal challenge.

Table 9. Key Aspects of the Short Stay Rental Accommodation Local Law – Mornington
Peninsular Shire Council
    Registration
    The owner of any dwelling must not use, or allow to be used, the dwelling for short stay rental
    accommodation, unless the dwelling is registered under the Local Law.
    An application for registration must be made by the owner of the dwelling, an application form completed
    with all required details and be forwarded with the application fee to Council.
    The owner must provide Council with the contact details for a designated person(s) for the dwelling who can
    be contacted at any time, and that person must respond within 2 hours to any matter relating to the
    dwelling.
    The dwelling must be used in accordance with the conditions of registration and the provisions of the Local
    Law.



Short Term Accommodation - Online Platform Response Issues Paper                                        Page 25