Byron Shire Council Heads to Land and Environment Court
Byron Netdaily reports“Byron Shire Council is about to commence a major prosecution against an allegedly unauthorised short-term holiday-letting operation in the Land and Environment Court (LEC)”.
Victims of Holiday Letting (VOHL) Byron Bay fully supports the legal action begun by Byron Shire Council. In a letter to the Echo’s Editor, Doug Luke writes on behalf of VOHL:
“VOHL refers to the comments in the article attributed to Holiday Lets Organisation (Byron) President John Gudgeon. He appears to be misinformed in stating that holiday letting in residential zones is legal.
Mr Gudgeon states that, “The standard planning permission for a residential premises allows you to rent it out for short term.” Mr Gudgeon will be familiar with the Dobrohotoff vs Bennic LEC case in May 2013. In her judgement Justice Pepper stated that the illegal holiday letting was an affront to the planning laws of NSW. A number of LEC case judgements have stated that a minimum 3-month rental is allowed for a dwelling house in a residential zone. Anything less is illegal and development without consent.
Council’s legal governance officer Mr Ralph James said that, “Many neighbours had been unwilling to give formal written statements” about illegal holiday letting. VOHL urges neighbours whose residential amenity has been damaged by illegal holiday letting to make a formal complaint to Council Enforcement and stand up for your right to the quiet and peaceful enjoyment of your home.”
In 2015 we sought the aid of Murray Cox from Inside Airbnb. At that time there were 9,700 Airbnb listings in Sydney. Fault of nil enforcement action, as of last month there are now 32,830 Sydney homes lost to Airbnb. Expedia(Stayz) is also running a massive operation across NSW, along with Booking.com, FlipKey and many others.
The NSW Department of Fair Trading recently requested details of Agents who are diverting homes away from those seeking housing and subsequently advertising properties as holiday rentals. Examples have been provided to the NSW Premier, Ministers and Shadow Ministers. Neighbours Not Strangers awaits their response and engagement in action in the NSW Land and Environment Court.
Homes not Hotels Communities not Transit Zones People before Profits Neighbours not Strangers