2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       9 MARCH 2021


            Government Act 2009 (“the Act”), section 29A(3) and delegate authority to the Chief
            Executive Officer to make changes in response to State comments; and
      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.
E.    Authorise the CEO to make minor amendments to the documents prior to public notification.
5.    Finance
The preparation of the local law has required legal review at a cost to Council during the 2021/22
year.
As outlined in section 3.5, the implementation of the local law will require additional staff resourcing
(including vehicles). This resourcing requirement will need to be funded for the 2021/22 year on
an ongoing basis. Funding options, which may include fees and charge, general rates or levies,
will need to be assessed through Council’s budget process for the 2021/2022 financial year.
6.    Risks & Opportunities
The revised draft local law provides an opportunity to better manage the ongoing operation of short
stay letting and home hosted accommodation with a standard set of rules for the safety of guests,
management of the property, complaints resolution and guest behaviour. Should the revised draft
local law not proceed, short stay letting and home hosted accommodation will continue unregulated
with further risk of impacting the residential amenity of permanent residential areas and guest
safety.
There is a risk that property owners may not voluntarily respond to the approval requirements and
continue to operate contrary to the local law requirements. This may also place an additional
financial burden on Council in the initial 2-3 years of implementation until costs to Council are
covered.
7.    Consultation
7.1   State government consultation
A further 3 week consultation period was undertaken during late January/February 2021 with state
agencies on Administration (Amendment) Local Law (No.1) 2021 due to the introduction of home
hosted accommodation as part of the prescribed activity requiring an approval.
Twenty three state agencies were notified of the proposed local law. Seven response were
received, five of which raised no comments on the draft local law.
Department of Energy and Public Works (Building Services)
The Department of Energy and Public Works (Building Services) have raised matters regarding
the proposed local law definitions and the building classification definitions under the National
Construction Code (NCC). They assert that the definitions may cause confusion to building
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