Short-term rental accommodation Planning Proposal

Graphic image of people debating and workshopping an idea

In August to October 2022, we asked for feedback on a proposal to reduce non-hosted short-term rental accommodation from 180 days to 90-days per year for most of the Byron Shire. 

It was also proposed to increase short-term rental accommodation to 365 days in parts of the Shire.

Short-term rental accommodation is also known as STRA or holiday letting.

Feedback was taken to Council on 15 December 2022. 

On the 14 December, the Minister for Planning asked the Independent Planning Commission NSW to undertake a review of the proposal.

Review by the Independent Planning Commission

The Independent Planning Commission (IPC) has finalised their advice report on Council’s Planning Proposal for the Minister's consideration. 

IPC's findings include 12 recommendations.

One of the main recommendations is to tighten the day cap for non-hosted STRA to 60 days across the whole Shire. 

Other recommendations included a suite of planning policy changes that would see non-hosted STRA property owners wanting to exceed the 60 day cap in areas already zoned for tourism, requiring development consent from Council.

We are awaiting the Minister's decision on the advice report for next steps.

If the Minister supports changes to the day cap or other IPC recommendations, STRA operators will be given time to adapt to any new rules.

Until then the current State framework for short term rental accommodation applies.

Background to the planning proposal

To find a solution that maintains housing for local residents and supports our visitor economy, we prepared a proposal to amend the State Government rules for non-hosted Short Term Rental Accommodation (STRA).

The final planning proposal could:

  • reduce non-hosted short-term rental accommodation (STRA) from the current 180 days to 90-days per year for most of the Byron Shire. 
  • increase short-term rental accommodation to 365 days in parts of Byron Bay (East and West) and Brunswick Heads.

Consultation

During August to October 2022, we consulted with the community about the changes.

Feedback on the Planning Proposal was considered by Council at 15 December 2022 meeting. 

View 15 December 2022 feedback report and Council's decision.

Review by the Independent Planning Commission

The day before the Council meeting, the Minister for Planning withdrew Council’s ability to progress and finalise the Planning Proposal. The decision now rests with the Minister.

Before making a decision, the Minister asked the Independent Planning Commission NSW (IPC) to undertake a review of the proposal. The IPC called for further submissions and held a public hearing in February 2023. They released their advice report on 27 April 2023.

See the Independent Planning Commission website for more information.

View Council's submission to the IPC review(PDF, 2MB).