Kiama Municipal Council "would be looking to opt into" the 180-day cap on Airbnb/Stayz-style accommodation where the owner lives elsewhere, says councillor Neil Reilly.
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The NSW Department of Planning's 180-day cap is designed to counteract potential "unintended consequences" of short term holiday letting on rental affordability but it was condemned by Stayz for being "a slow-moving wreck" and a blow to the state's delicate tourism industry.
The rules were extended from the Greater Sydney area to include Ballina, Newcastle, the Bega valley and a few other regional council areas. Councils who wish to join have until November 1 to implement the policy which is three months longer than was originally planned.
Cr Reilly said choosing to opt in to the new legislation would be a strategic decision and should be taken by councillors.
The framework will work in conjunction with a statewide code of conduct for short-term rentals which started on 18 December 2020 and is administered by Fair Trading.
You can imagine living next door to a place that has 14 or 15 people every weekend, and during school holidays it can be every day. Your life can be ruined.
Under the code, rowdy guests who host disruptive parties may be banned for five years from short term holiday services. A 'two strikes and you're out' policy applies to hosts who receive complaints over two years.
Cr Reilly said it is very difficult for councils to enact the enforcement of the code.
He said the situation with short term holiday rentals was a "wicked problem" - meaning it is so complex and dependent on many factors that it is incredibly difficult to tackle.
"Here in Kiama, we certainly don't have hotel and motel kind of accommodation that's appropriate for the number of tourists that we get. So we really rely on short term rental accommodation to take up that slack," he said.
He said all but a few places in Kiama were well run but the experience of some residents had been "horrendous".
"You can imagine living next door to a place that has 14 or 15 people every weekend and during school holidays it can be every day. Your life can be ruined," he said.
He said council does not have the legislative power, the training or the people to enforce legislation.
"The police are busy doing what police do. They will help with noise but there's not much they can do really," he said.
He wanted council to implement three things; to develop a communication channel with short term rental platforms, to look into raising rates for absentee hosts and to require disqualified hosts lodge development applications as recourse for getting back onto the platforms.
Shoalhaven City council was contacted about their plans concerning the legislation.
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