Amendment 103 - Short stay accommodation within the Residential and Local Centre zones

Consultation has concluded

Local Planning Scheme No.3:- Amendment No.103 and Local Planning Policy 2.11

At its meeting on 5 December 2017, Council considered a report on changing the way the City's Planning Scheme deals with short stay accommodation within the Residential and Local Centre zones.

At that meeting, Council resolved that short stay accommodation should have the following meaning:

"Dwelling or part of a dwelling occupied for a person or family but containing rooms used to accommodate temporary guests for hire or reward for a single person(s) or a single family where breakfast may or may not be provided; or

A dwelling or part of a dwelling containing rooms to accommodate temporary guests for hire or reward for a single person(s) or single family."

Council also proposed to remove all references to ‘Bed and Breakfast’ from Local Planning Scheme No.3, and to make ‘Short Stay Accommodation’ a ‘P’ (permitted) use within the ‘Residential’ zone.

The above changes formed part of a suite of changes (including the adoption of a Local Planning Policy for Short Stay Accommodation) that will exempt short stay accommodation from requiring development approval where certain criteria are met.

The reason why Council wanted to do this was because small-scale short stay accommodation has limited impact on an area. Local Planning Policy 2.11 – Short Stay Accommodation was prepared to provide the situations where development approval is required and not required to operate short stay accommodation from a house within the Residential or Local Centre zones.

Under the current requirements of the City's Planning Scheme, development approval is necessary to operate short stay accommodation. Council realises the increasing popularity of home sharing websites such as 'Airbnb' and 'Stayz' and wanted to remove the requirement to submit a development application for these sorts of accommodation in circumstances where specific criteria can be met.

At its meeting on 3 July 2018, Council considered the outcomes of advertising of the Scheme Amendment and Local Planning Policy, and resolved to proceed with the proposals in a modified form.

Council resolved that the definition of short stay accommodation should be modified to:

 “A dwelling or part of a dwelling containing rooms to accommodate temporary guests for hire or reward where breakfast may or may not be provided.”

Council also resolved that Local Planning Policy 2.11 should be modified, and that developments can be exempt from requiring development approval for 'short stay accommodation' if they meet the following requirements:

  • The short stay accommodation must be operated from a Single House or Grouped Dwelling within a 'Residential', 'Local Centre' or ‘Development’ zone;
  • Car parking (where required) must be provided in accordance with the City's parking requirements in the Policy;
    • Where the dwelling is occupied by a permanent resident of the dwelling:
  • A maximum of two rooms can be used for short stay accommodation at any one time; and
  • A maximum of two persons occupying each rooms used for the short stay accommodation at any one time;
  • Where the dwelling is not occupied by a permanent resident of the dwelling:
    • The maximum number of rooms used for short stay accommodation is not to exceed the number of approved bedrooms for the dwelling; and
    • A maximum number of 8 guests being accommodated at any one time.

Scheme Amendment No.103 was sent to the Western Australian Planning Commission on 6 August 2018 for final determination. A decision on the Scheme Amendment has not been made because the Economics and Industry Standing Committee of State Government initiated an inquiry into Short Stay Accommodation.

On 26 September 2019, the Economics and Industry Standing Committee tabled its report called ‘Leveling the Playing Field’ and its findings into the inquiry on Short Stay Accommodation. 

Although the inquiry has tabled its report, the Department of Planning, Lands and Heritage officers have advised that they are unable to advise when the Minister for Planning will make a decision on the Scheme Amendment.

To view the Council reports, view the Ordinary Meeting Minutes for 3 July 2018 and 5 December 2017.

FAQs

 

What has happened since advertising?

At its meeting on 3 July 2018, Council considered the outcomes of advertising of the Scheme Amendment and Local Planning Policy, and resolved to proceed with the proposals in a modified form.

As a result, Council resolved to amend the definition of short stay accommodation should to read:

“A dwelling or part of a dwelling containing rooms to accommodate temporary guests for hire or reward where breakfast may or may not be provided.”

Council also resolved that the policy should be modified to contain the following requirements:

  • The short stay accommodation must be operated from a Single House or Grouped Dwelling within a 'Residential', 'Local Centre' or ‘Development’ zone
  • Car parking (where required) must be provided in accordance with the City's parking requirements in the Policy
  • Where the dwelling is occupied by a permanent resident of the dwelling:
    • A maximum of two rooms can be used for short stay accommodation at any one time
    • A maximum of two persons occupying each rooms used for the short stay accommodation at any one time.
  • Where the dwelling is not occupied by a permanent resident of the dwelling:
    • The maximum number of rooms used for short stay accommodation is not to exceed the number of approved bedrooms for the dwelling
    • A maximum number of 8 guests being accommodated at any one time.

Scheme Amendment No.103 was sent to the Western Australian Planning Commission on 6 August 2018.

Is there a Parliamentary Review into Short Stay Accommodation?

Since that time, a Parliamentary Enquiry into Short Stay Accommodation has been held as a result of concerns regarding the emergence of online accommodation platforms, and found that Short-Term Rentals can cause a range of amenity impacts in residential areas.

The report’s main recommendation is that the State Government establishes a state-wide registration scheme for Short-Term Rentals.

The report also recommended that an interdepartmental working group within the State Government be established to coordinate whole-of-government policy responses for Short Stay Accommodation and that local government authorities and relevant stakeholders be consulted with.

A decision on the Scheme Amendment is unlikely until the interdepartmental working group has reported addressed the recommendations of the Parliamentary Enquiry.

Where can I find more information about the amendment?

More information about why the City is intending to rezone this land can be found in the Council report located in the document library.

The Scheme Amendment document details the changes to the Local Planning Scheme No.3 that the City is proposing, which is located in the document library.

Alternatively, a copy is available for viewing during business hours (8.30am – 5.00pm, Monday to Friday) at the City of Stirling Main Administration Building located at 25 Cedric Street, Stirling.

What does this Scheme Amendment and Local Planning Policy do?

The purpose of Scheme Amendment No.103 is to modify the definition of ‘Short Stay Accommodation’ within Local Planning Scheme No.3 and to remove all references to ‘Bed and Breakfast’ from the Planning Scheme.

Proposed Local Planning Policy 2.11 – Short Stay Accommodation will provide the situations where development approval is required and where it is not required to operate short stay accommodation from a house within the Residential or Local Centre zones.

Timeline

Council resolved to initiate Scheme Amendment

5 December 2017

Community consultation commences

17 April 2018

Community consultation concludes

29 May 2018

Officer review of comments received

Council considers outcomes of consultation

3 July 2018

Scheme Amendment forwarded to the Minister for Planning for a decision

6 August 2018

Decision from the Minister for Planning received

Scheme Amendment 103 and Local Planning Policy 2.11 comes into effect

See more