BYRON SHIRE COUNCIL HAS SHORT TIME FRAME TO ANSWER TO THE STATE GOVERNMENT

BY SARAH WATERS

BYRON Shire Council is under pressure to respond to the state government with a proposal on how it will combat its housing issues.

NSW Minister for Planning and Public Spaces Paul Scully recently extended the time frame Council had to work out how it would implement 12 planning recommendations advised by the Independent Planning Commission (IPC) to bring more long-term rentals into its housing market.

A key recommendation suggested Byron Shire Council only allow non-hosted Short Term Rental Accommodation (STRA) to be rented for 60 days, per year.

Non-hosted refers to accommodation that is offered without the host having to be there, such as Airbnb.

Originally, Council had until June 24 to respond to the state government about how it might implement the findings of the IPC report as part of its planning proposal.

But Member for Ballina Tamara Smith went into

Very Few Longterm Rentals In Byron

‘We’re in a housing crisis’ is a common phrase used in many towns and cities throughout Australia.

Byron Shire has been highlighted as one of the hardest places in the state to secure a long-term rental.

According to the NSW Independent Planning Commission’s (IPC) report the social impact of nonhosted STRA in the Shire is also more significant.

bat for the Byron Shire and asked Mr Scully to give the Council more time.

A ‘short extension’ was agreed on.

Mr Scully said there were ‘a number of recommendations that involve action’ by Byron Shire Council.

“I have instructed the Department of Planning to seek advice from the Council on its capacity to implement the Commission’s recommendations,” he said.

“I am currently considering the Commission’s advice and the views of all stakeholders, including the Byron community.”

Mr Scully can accept or reject Council’s proposal.

He would not be drawn on when he is expected to make his determination.

He said there was ‘a complex interplay of issues’ and he must strike the right balance for residents, businesses and visitors to arrive at a sensible solution.

The NSW Independent Planning Commission released its highly anticipated 84-page advice report on Byron

It states much of this difference is due to Byron Shire, particularly the Byron Bay township, being a highly attractive year-round destination for tourism and permanent residency.

‘Some of the housing affordability and availability issues experienced in Byron Shire are consistent with overarching national trends and the pressures faced by desirable coastal regional locations.

‘Others are exacerbated

Shire’s Short Term Rental Accommodation (STRA) planning proposal, on April 27, this year.

The report focused on ‘planning considerations that are relevant to the tension between using residential properties for non-hosted STRA and ensuring the availability and affordability of long-term rental housing’ in the Byron Shire.

In December last year, then Planning Minister, Anthony Roberts, requested the IPC provide advice on short-term holiday accommodation, rental affordability and availability issues in the Byron Shire.

The request was made after the former state government intervened on Council’s plans to adopt a 90-day cap for holiday rentals, such as Airbnb.

A key question was whether the planning proposal by Byron Shire Council to introduce a 90-day cap on the number of nights a residential premises can operate as a non-hosted STRA, should proceed.

In its first of 12 recommendations, the IPC stated the proposal by Byron Shire’s specific characteristics as a sought-after location with high-value natural and community capital but shortfalls in developable hinterland, vulnerability to flood impacts, specific statutory building height and density controls and a high proportion of nonhosted short-term rental accommodation (STRA)’.

Against a national backdrop of increased property and rental prices, Byron Shire is experiencing a substantial tightening should not proceed ‘as it would not adequately achieve its stated objectives and may have unintended adverse economic consequences’.

It instead advised to tighten the cap for non-hosted STRA to 60 days across the entire Byron Shire, rather than 90 days, in only certain parts of the Shire, that Council originally proposed.

‘Unlike the 90-day cap, a 60-day cap would send a serious market signal to encourage a shift from non-hosted STRA uses to long-term rental’.

The report also advised STRA within Byron Shire should be defined as a type of ‘tourist and visitor accommodation’.

If owners wanted to use it beyond the 60-day cap, they would need council consent.

The other recommendations outlined, included the NSW Government being advised to work with Council to support the urgent release of more land for housing development within Byron Shire.

It encouraged a return of secondary dwelling properties to of housing availability and affordability on most metrics when compared to other locations. long-term rental and advised to address worker accommodation requirements and the supply of alternative (non-STRA) visitor accommodation.

The cost of purchased and rental housing has increased significantly, outpacing growth in regional NSW and Sydney. Rental vacancy rates have fallen, and homelessness has risen.

Rental properties are not affordable for lower income households and half the Byron Shire renters are experiencing rental stress.

It said the state government should support Council in continuing to work with the Northern Rivers Reconstruction Corporation to address the ongoing housingrelated impacts of the 2022 floods.

Introducing a levy on all STRA properties in Byron Shire was also suggested to provide an income stream to Council that could be used to address amenity, infrastructure and service impacts from STRA on the local community. Improving supply of housing in the Byron Shire could also include reducing approval times, increasing land availability through rezonings and infill initiatives and increasing density controls in appropriate locations.

The IPC report stated Byron Shire was ‘experiencing notable housing availability and affordability issues compared to the rest of New South Wales.’

New housing stock and land releases planned under a suite of existing local and state-level housing policies have not proceeded at a rate that matches demand and community need.

According to the NSW Department of Planning and Environment about 1300 properties are currently registered for use as non-hosted STRA. This exceeds other urban and coastal NSW locations. Some properties currently used for STRA were previously used for long- term rental stock, which is no longer available as housing for residents.

Members of the IPC listened to 75 speakers at public hearings including community and industry representatives and Byron Shire Council. And received more than 500 written submissions.

Byron Shire Mayor Michael Lyon did not comment about the timeframe council have been given to respond to the state government with its proposal, but previously said council was feeling ‘very positive’ about the IPC findings.

“The report shows how closely the IPC has listened to the Byron Shire community and Council and that they’ve heard us on the significant housing pressures we’re experiencing and the impacts of holiday letting,” Mr Lyon said. If a 60-day rental cap on non-hosted STRA is approved as part of Byron Shire Council’s planning proposal, it could pave the way for other local councils, including Tweed Shire Council, to also propose strict caps for short-term rental accommodation.

The IPC report concluded that the use of properties as non-hosted STRA in a tight residential market, which has already undergone significant increase in property and rental values, is a highly visible contributor to the persistent housing affordability and availability issues in the area.