Deputy Mayor Michael Lyon, Nationals Parliamentary Secretary for Northern NSW Ben Franklin, Minister for Planning and Housing Anthony Roberts, Director of Planning at Byron Shire Council Shannon Burt and Byron Shire Council General Manager Mark Arnold.
Deputy Mayor Michael Lyon, Nationals Parliamentary Secretary for Northern NSW Ben Franklin, Minister for Planning and Housing Anthony Roberts, Director of Planning at Byron Shire Council Shannon Burt and Byron Shire Council General Manager Mark Arnold. Cotnributed

Stayz says ‘no consultation’ on 90-day AirBnB letting

UPDATE 5PM: HOLIDAY rental website, Stayz said today's announcement about "exceptional circumstances" in Byron Bay inviting proposals for a 90 night limit on holiday letting is policy on the run and makes a mockery of the governments' previously announced plans for a Code of Conduct and associated regulation.

Stayz Corporate Affairs Director expressed concern that the NSW Government has based its policy and regulations on unreliable and incomplete data.

"Any regulatory solution for holiday rentals should be underpinned by a state-wide register of all short-term rental listings. Without this important component, governments and communities will remain in the dark about the scale of the burgeoning holiday rental sector," Mr Curry said.

"Stayz does not support further newly announced restrictive night caps for the holiday rental sector in Byron Shire, or in any part of the state. Night caps make it hard for mum and dad investors to let out their own holiday homes to the detriment of the tourism economy. They also fail to address the three most consistently cited concerns about the industry, namely; housing affordability, availability and the impact on amenity.

"Recent economic modelling suggests a 90-day cap would impose a $8.8 million hit to tourism activity in Byron Shire. This loss of economic activity in the tourism sector would put 48 jobs in Byron Shire at risk.

"Over the course of the next 12-months we expect the need for a policy that is more flexible, agile and responsive will bear itself out.  We will continue monitoring the impact of these changes closely, with a particular emphasis on tourist expenditure in regional and rural NSW," he said.

Stayz's key state-wide policy recommendations for the NSW Government are:

  • Compulsory and simple registration for all properties listed on a short-term rental accommodation platform.
  • The creation of a mandatory short-term rental code of conduct for owners and managers - including a three strikes rule for those who do not meet the standards.
  • A new largely industry-funded and administered body to quickly address problems and adjudicate questions about amenity, noise and overcrowding at short-term rental accommodation properties.


ORIGINAL STORY 3PM: BYRON Shire Council will be given special authority to impose a 90-day limit on short-term holiday accommodation (STLA) under new state planning legislation.

The new rules unveiled by Minister for Planning and Housing Anthony Roberts on Monday revealed 90 day thresholds will be implemented in parts of the shire most impacted by STLA.

Set to apply from late-2019 to allow hosts and Councils to prepare, the new planning rules will regulate the number of days that a dwelling can be used for STRA per year and make dwellings safer for guests.  

Mr Roberts said that if re-elected a Liberals-Nationals Government would introduce caps of 180 days per calendar year to apply when the host is not present in STRA properties in metropolitan Sydney and some regional areas.

However, Byron Shire will be given a special exemption from the statewide legislation to ensure concerns raised by the community that STRA, which is estimated to contribute $31 billion annually to the Australian economy, is creating problems for the local housing market.

"I recognise that STRA has put increased pressure on some communities" Mr Roberts said. 

"I've listened to regional councils who are concerned there are more tourists than permanent residents in some streets.

"I have met with Byron Shire Council and Ben Franklin MLC, who have highlighted the high concentration and unique impacts of STRA on some parts of their community", he said. 

"Following Ben's advocacy, I am satisfied that there are exceptional circumstances in Byron Shire and have decided to issue a Ministerial Direction which invites Byron Shire to lead the way by proposing 90 day thresholds in the most impacted towns of the LGA.

"Council can now begin the preparation of a planning proposal to make this happen." 

Mr Franklin, who is also running for the seat of Ballina in the upcoming NSW State election, said the special exemption provided Byron residents with the assurance their community will not become overrun with tourists.

"It will be important that Byron Shire Council consult with the community, because different towns and villages will have different needs, Mr Franklin said.

"A one size fits all approach will not work.

"We are not like the rest of the state and we need to have different rules. If we don't, the character of our communities will change forever."

Work will continue on a new mandatory Code of Conduct, as part of a whole-of-government approach on STRA. The planning rules and Government's wider STRA policy will also be reviewed 12 months after the policy commences. 

For more details on the Framework and the planning rules, visit: