Holiday letting, tourism land uses and amendments to Byron DCP 2014 - Public Exhibition now closed


Consultation on the Planning Proposals to amend the Byron Local Environmental Plan (LEP) 2014 provisions relating to Short Term Rental Accommodation (holiday letting) and tourism related land uses were on exhibition has ENDED.

Planning proposal - Short Term Rental Accommodation (holiday letting)

The purpose of this planning proposal was to introduce a special provision to define and then require development consent for short term rental accommodation. It also establishes the circumstances in which short term rental accommodation would be exempt development. A copy of the Planning Proposal can be found under the 'Document Library' heading to the right of this page.

Planning Proposal to amend other tourism related uses

The purpose of this planning proposal was to amend the land use tables for the B4 Mixed Use, RU1 Primary Production and RU2 Rural Landscape zones in relation to serviced apartments and tourist and visitor accommodation and make minor clause amendments relating to bed and breakfast accommodation.

Associated Amendments to Byron DCP 2014

The proposed LEP 2014 amendments also required changes to be made to Byron DCP 2014. Amendments included:

Part A – Preliminary

  • to include a new definition in the dictionary for Short Term Rental Accommodation and include a reference in Table A3 regarding Public Notification and Exhibition of Development Applications.

Chapter B4 – Traffic Planning, Vehicle Parking, Circulation and Access

  • relating to Short Term Rental Accommodation Parking Schedule

Chapter D3 - Tourist Accommodation

  • relating to sections about Bed and Breakfast, Serviced Apartments and Short Term Rental Accommodation.

All amendments will be shown highlighted in yellow within Part A and Chapters B4 and D3.

For further information

See our Frequently Asked Questions (FAQs).

Consultation on the Planning Proposals to amend the Byron Local Environmental Plan (LEP) 2014 provisions relating to Short Term Rental Accommodation (holiday letting) and tourism related land uses were on exhibition has ENDED.

Planning proposal - Short Term Rental Accommodation (holiday letting)

The purpose of this planning proposal was to introduce a special provision to define and then require development consent for short term rental accommodation. It also establishes the circumstances in which short term rental accommodation would be exempt development. A copy of the Planning Proposal can be found under the 'Document Library' heading to the right of this page.

Planning Proposal to amend other tourism related uses

The purpose of this planning proposal was to amend the land use tables for the B4 Mixed Use, RU1 Primary Production and RU2 Rural Landscape zones in relation to serviced apartments and tourist and visitor accommodation and make minor clause amendments relating to bed and breakfast accommodation.

Associated Amendments to Byron DCP 2014

The proposed LEP 2014 amendments also required changes to be made to Byron DCP 2014. Amendments included:

Part A – Preliminary

  • to include a new definition in the dictionary for Short Term Rental Accommodation and include a reference in Table A3 regarding Public Notification and Exhibition of Development Applications.

Chapter B4 – Traffic Planning, Vehicle Parking, Circulation and Access

  • relating to Short Term Rental Accommodation Parking Schedule

Chapter D3 - Tourist Accommodation

  • relating to sections about Bed and Breakfast, Serviced Apartments and Short Term Rental Accommodation.

All amendments will be shown highlighted in yellow within Part A and Chapters B4 and D3.

For further information

See our Frequently Asked Questions (FAQs).

CLOSED: This discussion has concluded.
  • In Regard to Parking provision for bed and breakfast it states 1 space per 1-2 rooms. In the majority of most cases one room per couple. As most staying are couples or singles then 1 space per room should be the norm as per medium density apartments. This allowance of less parking than other STHA appears as an anomaly B&B could in fact have 5 rooms, ten persons and 5 extra cars, but only have to provide for 3 car spaces, yet as a medium density STHA apartment they would have to provide 5 spaces? How does this equate in a region plagued by lack of parking? Who would propose a DA for anything other than a B&B and flout the compliance if they can get away with bulk capacity/profit in peak times with few contribution infrastructure requirements?

    lissiejean asked almost 4 years ago

    The parking rates for bed and breakfast (B&B) establishments are also proposed to be changed by way of an amendment to part B4 of DCP 2014. The parking rates for B&B’s is 1 space per guest room plus 1 space for the  dwelling.




  • How is Council going to address the issue of secondary dwelling owners using these dwellings as tourist accommodation, B&B or short term accommodation when the secondary dwelling approval clearly does not permit this use?

    clarkent asked almost 4 years ago

    Secondary dwellings have been approved under the SEPP (Affordable Rental Housing) 2009, and most have been approved with conditions requiring that they are not to be holiday let or used as tourist and visitor accommodation.


    The use of such dwellings as tourist and visitor accommodation would be in breach of this condition. Land owners would need to have the conditions removed prior to the dwelling's use as tourist and visitor accommodation by making an application to Council.

  • Within the new short term planning proposal for Holiday Letting is there a clause which would provide protection for the neighbours of a Holiday property for the issues I will outline. The problems I list are a constant problem we experience with the Holiday house we live next door to. No amount of consultation with the owners or managing real estate agent has resulted in a workable solution. The property has an occupancy rate of (at a rough guess) 85%. Is rented to Schoolies every year. It is a four bedroom weatherboard house located in Byron Bay, has a galley kitchen at the rear of the property with no seating in the kitchen , but with an outdoor open air verandah with seating off the kitchen. There is a pool located in the backyard with an elevated timber deck attached to the pool and also to the brick dividing fence ( our boundary fence). The pool and outdoor back deck are located directly below our bedroom, opposite our kitchen and outdoor living area. The property has a limit of eight people and from observation the house is mostly at full capacity. 1. Use of outdoor verandah outside the 10pm to 8am exclusion times. The occupants can go in and out constantly during the night for reasons varying from making phone calls to taking screaming babies outside in the middle of the night so they don't wake the other occupants of the house..Dining on the verandah area constantly results in the occupants staying out after the 10pm limit. 2. Constant use of the pool outside the 10pm to 8am exclusion times. This varies from a clanging pool gate and splashing for five minutes by one person, to repeated clanging of the pool gate and swimming, screaming and splashing by many people if the house is fully occupied. 3. Phone calls to the HLO result mostly in nothing being recorded because inevitably these incidences can last 15 or 20 minutes and by the time they arrive the offending people have gone inside. Although this behaviour may be repeated again and again during the course of the night ( as has been the case with schoolies most years and does happen with some other tenants) and notification is made to the owner and managing real estate agent, nothing is done to find a solution to this problem. 4. There are often more than eight people on the premises increasing noise levels significantly both day and night. The schoolies last week had at least 25 people on the premises on the first night. 5. Even with our windows closed noise can be heard inside our home constantly. Is there a way we can be protected from this constant disturbance to our lives with the new proposal.

    Jo asked almost 4 years ago

    The draft planning controls seek to introduce a better way for dwellings to be managed. In particular there would be restrictions on the number of people staying, and requirements for good management in terms of dealing with complaints. Failure to abide by these requirements, where more than two substantiated complaints are made, could result
    in the owners losing the ability to use the dwelling for short term rental accommodation.  




  • The council has gone too far with this proposal. The safety proposals from a fire point of view are an excellent idea. When will this council become globally responsible and practical from a tourism point of view? Is this happening in Paris, Rome, Lake Como, New York? Should noise pollution really be policed by council? Crazy, restrictive, small minded, globally irresponsible policymaking costing ratepayers and businesses $.

    MeganH asked almost 4 years ago

    The use of dwellings for tourist accommodation is an issue affecting many local jurisdictions around the world, not just in Australia. The NSW Department of Planning and Environment have advised that this is a matter for local Councils to resolve. In terms of noise pollution, this is either policed by the NSW Police Force or Council. Ideally though any noise issues are best resolved with the owner or manager of a property actively managing any noise complaints that may arise through the short term letting of that property, before they are escalated to council or the Police. The draft planning controls are in part aimed at providing a suitable level of management. 


  • Please explain what happens to an existing holiday rental that has been operating for over 20 years and now falls within the Environmentally Sensitive Area?

    Sheena Sorrell asked about 4 years ago

    If the existing holiday rental was approved as such by way of a development consent, then the land owner can continue to operate and abide by the existing terms and conditions of that approval. If the property has been operating without development consent, and is within an environmentally sensitive area, then Council approval will need to be obtained by lodging a development application to use the existing dwelling for Short Term Rental Accommodation purposes.

  • We have a holiday rental in South Golden Beach which has provided many families (including us) an affordable holiday for over 15 years. This is only possible because it operates on a break-even cash flow basis, after costs such as management fees, gardening to maintain the streetscape, cleaning, plumbing and other ancillary services etc. How did the council arrive at the conclusion that 90 days of holiday letting is "commercial"? I understand the requirements for regulations re noise etc (not a problem in our area as far as I know), but if we are are restricted to 90 days, what about the rest of the time? Do we get a reduction in council rates for the property not using council services such as garbage collection, sewerage, water etc for the unavailable rental times? Alternatively, what compensation for loss of income is the council proposing? Obviously, with such a restriction, most property owners will opt for the highest rental return periods (Christmas, school holidays, festival times) - and push rents higher in those periods. These are also the times when most of the noise issues would arise - so how will this restriction contribute to reduced noise complaints? (Indeed, if noise is not the problem, why is there a need to introduce a special provision to define and then require development consent for short term rental accommodation at all?) Like Kim Morrison asked, it is clear that if this proposal went ahead, suppliers of services to our properties will be out of work for most of the year as owners such as ourselves try to make our investment "commercial". How can this NOT have a negative economic impact on the local community? It is not just about possibly removing "uncommercial" properties from the pool of holiday let properties. And finally, what about the impact of these proposals on the construction of holiday houses for let in the future? Clearly, this will make Byron an uncompetitive and uncommercial proposition for new development and another real incentive for existing home owners to let their properties out for a short period of the year as, with a lack of new supply, rents will clearly increase.

    7Sutherland asked about 4 years ago

    The draft Short Term Rental Accommodation provisions are about enabling land owners to continue to holiday let plus finding a way to put in place regulations to assist Council and the community with compliance. As it is unclear on the circumstances of your property in terms of number of bedrooms and the number of days the property is let out as holiday accommodation to others, the answer will vary in regard to which approach suits you best. If you satisfy the exempt provisions, with only three bedrooms and the property is only let for a maximum of 90 days in a calendar year, then development approval is not required. If
    the property has more than three bedrooms and is let for more than 90 days throughout the year, the draft controls will still enable you to do this with development consent. Holiday letting has grown substantially as a form of tourist accommodation over the past decade and will remain an important part of the accommodation mix for visitors to Byron Shire. The draft planning controls are designed to facilitate the ongoing provisions of this form of accommodation, provide for good management and to enable land owners to ensure the land use is legitimised under Byron Shire Councils Planning Controls.



  • We have a holiday rental in South Golden Beach. The house, which sleeps up to 12, was built as a holiday rental over 30 years ago and is not suitable for renting full time as it is essentially open plan throughout. We love the area and visit when we can. We feel we give back to the community by ensuring we employee local cleaners, gardeners and repair people however we do operate at a significant loss (as I am sure is the case with many holiday home owner in the area). Can you explain why I need to add to the loss and pay increase rates under the proposed new scheme? Can you reassure the local community there will not be a significant negative impact on local businesses (cafes, shops, tourist sites) and jobs if we, and others in a similar situation, are forced by the proposed changes to take our holiday rental off the market?

    Kim Morrison asked about 4 years ago

    Where the dominant use of a dwelling on a parcel of land that is not "rural residential land" is for short-term occupancy of paying tourists, travellers or other guests at nightly, weekly or weekend rates and the dwelling is not a "serviced apartment' or part of a "timeshare scheme" the Council may categorise the land as "business" for rating purposes under the Local Government Act 1993. Where the use of the home for short term rental accommodation is for less than 90 days in any one year then it should retain a residential rate. If the short term rental accommodation changes back to primarily residential accommodation then the rates would change back to a residential rate upon the owner/manager notifying Council.

    In terms of economic impact, holiday letting has grown substantially over the past decade in response to the popularity of Byron Shire as a holiday destination plus an attractive destination for day trippers. It’s not expected that the controls will have a significant impact on local businesses if some landowners remove their properties from the available pool of holiday let properties.