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Byron takes control of short-term rental proposal

09 Jun 2022

Byron Shire Council will now be the approval authority for its proposal to reduce the number of days a property can be rented out to holidaymakers when the host is not home.

Acting Deputy Secretary of Planning Land Use and Strategy at the Department of Planning and Environment, Catherine Van Laeren, said Council can now exhibit the proposal to reduce the cap on non-hosted short-term rental accommodation (STRA) from 180 to 90 days.

“Given the unique and exceptional circumstances facing Byron, Council has been given authority to exhibit and make the final decision on its proposal,” Ms Van Laeren said.

“We understand Council is keen to pursue this proposal in light of the impact of recent flooding on the availability and affordability of housing.

“Council is required to exhibit the proposal for no less than 56 days, to give the community and local businesses plenty of time to consider it and lodge a submission.”

The proposal must be exhibited with the independent Economic Impact Assessment (EIA), jointly funded by Council and Department, as well as the peer review of the EIA commissioned by Council.

The independent EIA recommended a cap of 180 days be placed on non-hosted STRA across Byron Shire, as it was found to have generated the highest net benefit to the community and local industry.

Ms Van Laeren said the Department has no further role and Council has until 24 June 2023 to finalise the proposal. It must publish a justification of its final decision.

“If Council proceeds with the proposal, there will be a 12-month deferral period and the proposed changes will not impact existing bookings until 24 June 2024,” she said.

Since 4 December 2021, 1,079 non-hosted Byron properties have signed up to the Department’s STRA register.

The Department considers the circumstances in Byron Shire to be unique and current rules restricting non-hosted STRA to 180 days in Greater Sydney, and allowing regional councils to opt-in to the cap, will continue to apply to all other local government areas.