NSW Planning and Housing Minister Anthony Robertsis “calling for feedback on proposed amendments to planning rules in order to provide for short-term rental accommodation (STRA) in NSW. STRA was formerly known as short-term holiday letting.” Indeed, Minister Roberts has been calling for and absolutely ignoring feedback for five years.
Those who believe they know NSW Planning Laws “well enough” are of the opinion that Minister Roberts’ strategy is “totally illegal”.
A lay person’s interpretation of Minister Roberts’ Explanation of Intended Effect, Short-Term Rental Accommodation Planning Framework goes something like this: Stay for an hour, a night, a week or a month in an accredited NSW hotel, motel, serviced apartment, bed and breakfast, backpackers lodge etc and one is protected under clear legislation and deemed to be a ‘tourist’ or ‘visitor’. Yet stay for a similar period on a commercial basis in a residential dwelling and Minister Roberts will no longer consider such tourists and visitors as a ‘tourist’ or ‘visitor’, and into the bargain all manner of legal and safety requirements will be set aside.
Minister Roberts is: “Making it clear that ‘short-term rental accommodation’ is not a form of ‘tourist and visitor accommodation” and “Making it clear that short-term rental accommodation will be permissible in all zones in which (residential) dwellings are permissible”.
If one is still unclear of the Minister’s intent, it is to permit the likes of Airbnb and HomeAway/Expedia (previously known as Stayz) plus an unknown number of commercial operators to convert NSW housing into ‘tourist/visitor accommodation’ however one should not think or refer to it as such.
NSW Attorney General Mark Speakman has declined to answer questions on Land and Environment Court case law and the proprietary rights of a countless number of NSW Residents/Tax Payers who acquired residential dwellings fully aware of the Planning instruments and Development Consent conditions that specifically prevent and exclude short-term rental accommodation. Mark Speakman MP has instead passed this issue to Minister Roberts, who does not respond.
Should one wish to make yet another Submission to the NSW Government and provide yet more ‘feedback on proposed amendments to planning rules to provide for short-term rental accommodation in NSW’, one is invited to click here.
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