Short Term Rental Accommodation (Holiday Letting)

Draft planning controls for short-term rental accommodation

Council is seeking community feedback on a set of draft planning controls that will define and regulate short-term rental accommodation (STRA) in the Byron Shire. An explanation of the draft controls, along with a report to Council detailing some of the background information can be found in the Document Library.

Provide your feedback

Let us know where you think non-hosted STRA should be permitted for more than 90 days per calendar year (if at all).

Draft planning controls for short-term rental accommodation

Council is seeking community feedback on a set of draft planning controls that will define and regulate short-term rental accommodation (STRA) in the Byron Shire. An explanation of the draft controls, along with a report to Council detailing some of the background information can be found in the Document Library.

Provide your feedback

Let us know where you think non-hosted STRA should be permitted for more than 90 days per calendar year (if at all).

  • Use the map to drop a pin on the map below to illustrate your ideas.
  • Use the survey to provide your feedback.
  • Make a submission by emailing: stra@byron.nsw.gov.au
  • Phone: (02) 6626 7072
  • Mail: General Manager, Byron Shire Council, PO Box 219, MULLUMBIMBY, NSW, 2482

Background information

Why do we need to regulate STRA?

The number of dwellings in Byron Shire being used for short-term rental accommodation has increased significantly over the past five years. Regulation through the planning system is needed to improve safety for tourists and hosts, prevent erosion of housing supply and to manage impacts on residential amenity.

What is proposed?

The draft controls will introduce a new definition of short-term rental accommodation (to define the use) with two subcategories: hosted short term rental accommodation and non-hosted short term rental accommodation.

Hosted accommodation is similar to a bed and breakfast, and requires a 'host' (being the owner or tenant) to reside in the dwelling during the period of accommodation. Non-hosted accommodation is similar to a serviced apartment and does not require the owner or tenant to reside in the dwelling during the period of accommodation.

Hosted and non-hosted STRA will be permissible as exempt development (no Council approval required) subject to compliance with a range of requirements for dwelling type, occupancy, fire safety, parking and signage. Non-hosted STRA will not be permitted for more than 90 days in a calendar year as exempt development, whereas hosted STRA will be permitted 365 days per calendar year.

STRA proponents who are unable to comply with the exempt development provisions will have the option of lodging a development application (DA) with Council. Development applications for STRA will be subject to two new provisions in LEP 2014, being (1) a Short-Term Rental Accommodation Map, specifying the maximum number of days per year a property can be used for STRA in different areas, and (2) a new clause in Part 6 of LEP 2014 setting out objectives and matters for consideration. All of the other statutory assessment requirements for development applications will apply.

Maximum number of days for non-hosted STRA

The Short-Term Rental Accommodation Map (STRA Map) will specify the maximum number of days per year that a dwelling can be used for non-hosted STRA in different areas. The Map will be implemented into the LEP 2014 as a development standard.

The draft STRA Map specifies three maximum day limits for different areas:

  • Zero (0) days for Council owned and/or managed lands and ‘urban release area land’ identified in a State Government and or Council strategy or planning instrument;
  • 365 days per year in areas that are potentially suitable for tourism;
  • 90 days per year in the remaining parts of the Shire.

If an applicant wants to exceed the maximum number of days specified on the STRA Map, the development application must include a written request to vary the standard, as required by clause 4.6 of LEP 2014.

Draft maps are available in the Document Library. PLEASE NOTE: Currently, the maps only identify areas for 365 days and 0 days. If an area is not shown as 365 or 0 days, then it should be assumed it will be subject to a 90 day cap.

How will it work with the State-wide regulatory framework for STRA?

The NSW Government is currently in the process of implementing a State-wide regulatory framework for STRA. The framework is a package of legislation comprising four key elements:

  • A new State Environmental Planning Policy (SEPP) that will introduce standardised planning controls for STRA across the State;
  • New fire safety standards for STRA, to be implemented via an amendment to the Environmental Planning and Assessment Regulation 2000;
  • A Code of Conduct for the STRA industry, given effect through amendments to the Fair Trading Act 1987;
  • Clarification that Strata schemes can adopt a by-law that prohibits STRA where a lot is not a host's principal place of residence.

Council has requested to be excluded from the SEPP, otherwise there will be no way of implementing local planning controls as envisaged by Ministerial Planning Direction 3.7 (see more on this below). The aim is to replace the planning rules in the SEPP with new planning rules in the LEP 2014 that are better suited to local circumstances. It is anticipated that all other elements of the State-wide regulatory framework will apply in Byron Shire.

Ministerial Planning Direction 3.7

On 5 February 2019, a new Ministerial Planning Direction was issued to address the high concentration and unique impacts of short term rental accommodation in the Byron Shire. The Direction provides Council with an opportunity to reduce non-hosted short-term rental accommodation to a minimum of 90 days per calendar year, as long as there is a sound base of evidence to support the proposed changes. A full copy of the Ministerial Direction is provided in the Document Library.

The draft planning controls are aimed at giving effect to the Ministerial Direction, in a way that responds to local circumstances and integrates with the State-wide regulatory framework.

For further information

See our Frequently Asked Questions (FAQs)

Maximum Days for Short Term Rental Accommodation in Byron Shire

about 1 month

Show us where you think non-hosted short term rental accommodation should be allowed for 

  1. 365 days per calendar year
  2. 90 days per calendar year
Drop a pin and leave a comment.

Show us where you think non-hosted short term rental accommodation should be allowed for 

  1. 365 days per calendar year
  2. 90 days per calendar year
Drop a pin and leave a comment.