Many residential houses in coastal areas are let for holiday rather than as permanent or short term rentals. The Lower Great Lakes/Myall Coast is no exception. The rental of dwellings for tourist and visitor accommodation has been an ongoing problem for Council’s in coastal areas.
Recently a Land and Environmental Court involving determination in relation to the use of dwellings as short term holiday rental accommodation within residential zones in Gosford determined that the use of dwellings as short term holiday rental accommodation was a prohibited within Low Density Residential zones.
The court case arose because of inappropriate use of the dwelling and anti-social behaviour by the occupants and associated loss of amenity to the neighbours.
Development consent is required for the use of hoses with 3 or more bedrooms that are used for holiday rentals.
Our council has been proactive in working with the local real estate agents to develop a Holiday rental code of conduct. This code is now in force amend our local agents must be applauded for their support of the code which t addresses issues such as:
•Establishing an acceptable standard of behaviour for holiday rental guests and visitors to minimise adverse social or environmental impacts.
•Assisting owners and managers of holiday rental accommodation to meet the needs of all stakeholders including, guests, neighbours, local communities, local councils and government authorities.
•Informing the community of the standards of conduct expected from holiday rental owners, managers, guests and visitors so as to effectively minimise amenity impacts.
Unfortunately one rotten apple spoils it for all. Council addressed the problem at its last meeting.
Complaints have been ongoing in relation to the use of 10 Pier Place Bundabah for holiday rental and parties, since 2011. The complaints are associated with noise, obscene language, the occupation of the premises for parties including, buck’s and hen’s nights, large wedding parties and the use of fireworks. Police were called to the property on several occasions.
Council took out an injunction over the use of the premises for holiday lettings. However the owner continued to let out the place through his own endeavours on Stayz website and told the local agent that he had approval. Holiday Occupants who use the place are doing so unlawfully.
Council has given conditional approval for the use as a tourist holiday rental provided stringent measures are met prior to letting. He has continued to let the premises without meeting those conditions and therefore without consent. Council is in a position now to impose large fines upon him for every day he operates without consent. Council will be undertaking legal action not only upon the owner but potentially any agent or website that assists the owner in the unlawful activities.
While council encourages tourist related activities it must be at an acceptable standard that does not affect the expected residential amenity of neighbours.
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