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Overview

The Planning Proposal seeks to introduce a new suite of planning controls into Byron Local Environmental Plan 2014 (BLEP 2014) that will define short-term rental accommodation (STRA) and establish the circumstances in which it can occur.

Reference number
PP-2021-3351
Case Category
Urban Development
Page last updated
27/04/2023
Location
Commissioner (Panel Chair)
Sheridan Coakes
Other Commissioners
Richard Mackay, Juliet Grant
Planning Officer
Stephen Barry
Share this case
Case Status: Advice finalised
Referral received: 14/12/2022

Key Dates

16 Dec 2022
Referral Received
16 Dec 2022
Public Hearing Speaker Registrations Open
16 Dec 2022
Submissions Open
10 Feb 2023
Meeting with DPE & Urbis
10 Feb 2023
Public Hearing Speaker Registrations Deadline
15 Feb 2023
Briefing with Department of Planning, Lands and Heritage, Western Australian Government
17 Feb 2023
Briefing with Professor Peter Phibbs, Henry Halloran Trust, The University of Sydney
17 Feb 2023
Briefing with ShelterTAS
17 Feb 2023
Meeting with Brunswick Heads Chamber of Commerce
17 Feb 2023
Meeting with Byron Bay Chamber of Commerce
17 Feb 2023
Meeting with Byron Chapter, Australian Short-Term Rental Association (ASTRA)
17 Feb 2023
Meeting with Byron Shire Council
17 Feb 2023
Meeting with Byron Visitor Centre
17 Feb 2023
Meeting with Destination Byron
17 Feb 2023
Meeting with Destination North Coast
17 Feb 2023
Meeting with Homelessness NSW
17 Feb 2023
Meeting with Shelter NSW
20 Feb 2023
Locality Tour - Part One
21 Feb 2023
Public Hearing Day 1
22 Feb 2023
Locality Tour - Part Two
22 Feb 2023
Public Hearing Day 2
27 Feb 2023
Meeting with AirBNB
27 Feb 2023
Meeting with Expedia
08 Mar 2023
Submissions Deadline
27 Apr 2023
Advice Finalised

Documents

230424_Byron STRA PP_Advice Report_FINAL
ASTRA Byron Presentation NSW Independent Planning Commission 17 February 2023pptx75
Fact v Fiction Byron Shire Council 90 day cap planning policy on Short Term Rental Accommodation ST
Final Briefing note for the NSW Independent Planning Commission from ASTRA Byron
Property Owner Market Research Summary
Urbis Economic Impact Assessment STRA in Byron Shire 2022
230221 Byron submission deadline extended statement
230216 IPC Statement public hearing to be conducted across two days
230202 Byron Shire Registration
230116 Byron Shire STRA Public Hearing Statement
23122022 IPC Media Release Public hearing on short term rental accommodation in Byron Shire
AHURI Report
Airbnb
230228OUTIPC to Airbnb Questions on Notice and Request for ClarificationsRedacted
Byron ASTRA
230301IN Byron ASTRA Response Letter to IPC Question on NoticeRedacted
230220OUTIPC to Byron ASTRA Questions on NoticeRedacted
Byron Shire Council
230313OUTIPC to Mr Lyons re Airbnb expert reportRedacted
230220OUTIPC to Byron Shire Council Questions on NoticeRedacted
Department of Planning and Environment
230302 IN DPE Response to IPC Questions on Notice and Requested ClarificationsRedacted
230215OUTIPC to DPE Questions on NoticeRedacted
Expedia
230228OUTIPC to Expedia Questions on Notice and Request for ClarificationsRedacted
230308IN Expedia Response to IPC Questions on Notice and Requested ClarificationsRedacted
26202011 STRA Planning Proposal V5 Appendix 5 Example Clause Following Res 22729
26202011 Appendix 4 STRA Planning Proposal V5 Mapping of precincts where STRA can occur 365days per
26202011 Planning Proposal for Shortterm Rental Accommodation V5 for finalisation following 15 Dec 2
ELetter to IPC STRA Planning Proposal Councils adopted 365day STRA precincts
Attachment Combined form letter submissions from ASTRA_Redacted
Attachment Combined form letter submissions from bookingsbyronbayaccom
Attachment Combined form letter submissions from business owners_Redacted
Attachment Combined form letter submissions from others_Redacted
Attachment Combined submissions without form letters_Redacted
Eletter to the Independent Planning Commission STRA Planning Proposal Package_Redacted
Agenda Ordinary Meeting 15 December 2022
Planning Proposal for Shortterm Rental Accommodation V4 following 3 June 2022 Alteration of Gateway
STRA Planning Proposal V4 Appendix 1 Gateway determinations and letters 24 June 2021 and 3 June 2022
STRA Planning Proposal Appendix 2 Economic Impact Assessment Urbis 2021
STRA Planning Proposal Appendix 3 Peer Review of Economic Impact Assessment Phibbs 2021
STRA Planning Proposal Appendix 4 Mapping
STRA Planning Proposal V4 Appendix 5 Example Clause
Report No 139 Planning Proposal 26202011 Amendment to State Environmental Planning Policy Housing 20
Attachment Timeline summary Short term rental accommodation planning proposal current to Sept 2022
Attachment Locale Consulting Engagement Report Short Term Rental Accommodation Planning Proposal e
Attachment Peter Phibbs Epic Dot Gov Report on Byron Shires Planning Proposal on ShortTerm Rental
Attachment Gateway determinations and letters 24 June 2021 and 3 June 2022
Minutes Ordinary Meeting 15 December 2022
Che et al SCU An investigation into the nature and range of impacts of shortterm rental accommodatio
Gurran et al Planning responses to online shortterm rental platforms September 2018Research Project
Muschter et al Journal of Sustainable Tourism Third party impacts of short term rental accommodation
26202011 STRA Planning Proposal V3 Appendix 5 Study of Airbnb and Stayz listings Study of Byron S
Compilation of Gateway determinations and letters
Compilation of Ministerial Directions
Compilation of Council reports on housing affordability and affirmative actions to improve
Compilation of submissions to NSW government on housing affordability and affirmative actions to imp
Affordable housing contribution scheme adopted by Council 11 August 2022
Recovery Action Plan 20222024 Adopted 24 November 2022
Referral from the Hon Anthony Roberts MP to IPC
Attachment 1 Byron Shire Short Term Rental Accommodation Caps Economic Impact Assessment
Attachment 2 Byron Shire Short Term Rental Accommodation Caps Economic Impact Assessment Peer Review
Attachment 3 PP20213351 Planning ProposalPDF
Attachment 4 Short Term Rental Accommodation Planning Proposal Engagement Report
Attachment 5 Agenda Ordinary Council Meeting Report No 139
Attachment 6 Draft Byron Shire Affordable Housing Contribution Scheme for Exhibition
Attachment 7 Byron Shire Residential Strategy
Attachment 8 PP20213351 Gateway Determination
Attachment 9 PP20213351 Alteration of Gateway determination
Attachment 10 Cover letter to Gateway Alteration from Minister to Council
Attachment 11 Communication from Australian Short Term Rental Association to Minister
Attachment 12 Correspondence from A Perfect Stay to Minister
Attachment 13 Letter from Byron Shire Councillor Alan Hunter to Minister
Attachment 14 Letter from Byron Shire Councillor Mark Swivel to Minister
Attachment 15 Letter from Byron Shire Mayor to Minister
230110Byron Shire short term rentals conflicts of interest register

Meetings

Date and time
12:00 PM Mon 27 February 2023

Organisation Name

Date of Meeting

Stakeholder Meetings

 

NSW Department of Planning and Environment and Urbis

(Urbis to provide comment on its Byron Shire – Short Term Rental Accommodation Caps: Economic Impact Assessment, jointly commissioned by the Department and Council)

Friday 10 February 2023

Byron Shire Council

Friday 17 February 2023

Byron Bay Chamber of Commerce

Friday 17 February 2023

Brunswick Heads Chamber of Commerce

Friday 17 February 2023

Destination North Coast

Friday 17 February 2023

Destination Byron

Friday 17 February 2023

Byron Visitor Centre

Friday 17 February 2023

Byron Chapter, Australian Short-Term Rental Association (ASTRA)

Friday 17 February 2023

Homelessness NSW

Friday 17 February 2023

Shelter NSW

Friday 17 February 2023

AirBnB

Monday 27 February 2023

Expedia

Monday 27 February 2023

Briefings

 

Department of Planning, Lands and Heritage, Western Australian Government

Wednesday 15 February 2023

ShelterTAS

Friday 17 February 2023

Professor Peter Phibbs, Henry Halloran Trust, The University of Sydney

Friday 17 February 2023


Date and time
5:00 PM - 7:00 PM Mon 20 February 2023
6:00 PM - 7:00 PM Wed 22 February 2023
Meeting documents
document
230224 Byron STRA PP Locality Tour Notes
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
2:30 PM - 4:00 PM Fri 10 February 2023
Meeting documents
document
230210 DPE and Urbis Presentation Byron STRA_
document
230210_Byron Shire STRA_DPE Urbis Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
10:00 AM - 5:30 PM Tue 21 February 2023
10:00 AM - 5:30 PM Wed 22 February 2023
Venue
Byron Community Centre
69 Jonson Street, Byron Bay, NSW 2481
Contact
Stephen Barry
Meeting documents
document
Byron Bay STRA Final Speaker Schedule V5
document
230221 Byron Shire STRA PP Public Hearing Transcript Day 1
document
230222 Byron Shire STRA PP Public Hearing Transcript Day 2

PLEASE NOTE: In order to comply with fire safety rules, seating is limited to 250 inside the venue and approximately 100 in the overflow area outside where the livestream will be played. To ensure everyone’s safety, the venue requires people interested in observing the Public Hearing in person to obtain a free ticket through the venue’s website. To register please click here https://bit.ly/40nSK4e. Seats will be allocated to ticket holders on a first-come-first-served basis each day, with last-minute tickets available at the venue’s box office. If you have registered to speak in person at the Public Hearing via the Commission’s website, you do not need to obtain a ticket for the day you are speaking.

 
The NSW Independent Planning Commission will hold a Public Hearing on 21 and 22 February 2023 on:
 
housing and rental affordability and rental availability in the Byron Shire
the local economic contribution of the Short Term Rental Accommodation industry
the Byron Shire Council’s proposal to cap Short Term Rental Accommodation in parts of the Byron Shire.
 
The Minister for Planning has asked the Commission to hold the hearing and prepare advice to the Minister and the Department of Planning and Environment to inform decision-making on the Council’s proposal and on housing and rental affordability and rental availability in the Byron Shire more generally. The referral letter from the Minister to the IPC and other relevant documents can be found here.
 
Commissioners Dr Sheridan Coakes (Chair), Professor Richard Mackay AM and Juliet Grant have been appointed to the Panel.
 
The Commission will conduct the Public Hearing over two days – in the Byron Shire area at Byron Community Centre (69 Jonson Street, Byron Bay, NSW 2481). The Hearing will also be livestreamed and registered speakers will be able to participate either in person or via online videoconference or telephone.
 
Anyone wishing to have their say at the Public Hearing must pre-register on the Commission’s website. Registrations will open on 16 January 2023 and close at 5pm AEDT on Friday 10 February 2023.
 
The Commission has access to all previous submissions made to the Byron Shire Council on the planning proposal. However, written submissions can also be lodged using the ‘Have Your Say’ portal on the Commission’s website: www.ipcn.nsw.gov.au/have-your-say. Written submissions will be accepted until 5pm AEST on Wednesday 8 March 2023.
 
The Public Hearing will be broadcast live online at www.ipcn.nsw.gov.au/livestream.

 

Click here to view the livestream via YouTube. 

 
Date and time
10:45 AM - 11:15 AM Mon 27 February 2023
Meeting documents
document
230227_Byron Shire Short Term Rental_Airbnb Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
1:45 PM - 2:15 PM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Brunswick Heads Chamber of Commerce Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
1:00 PM - 1:30 PM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Byron Bay Chamber of Commerce Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
11:45 AM - 12:15 PM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Byron Chapter ASTRA Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
4:45 PM - 5:45 PM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Byron Shire Council Meeting transcript
document
STRA IPC Stakeholders Meeting Presentation 26202011
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
4:00 PM - 4:30 PM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Byron Visitor Centre Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
3:15 PM - 3:45 PM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Destination Byron Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
2:30 PM - 3:00 PM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Destination North Coast Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
12:00 AM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Professor Peter Phibbs Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
11:30 AM - 12:00 PM Mon 27 February 2023
Meeting documents
document
230227_Byron Shire Short Term Rental_Expedia Group Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
8:45 AM - 9:15 AM Fri 17 February 2023
Meeting documents
document
230224_Byron Shire Short Term Rental_Homelessness NSW Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
11:00 AM - 11:30 AM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Shelter NSW Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
12:00 AM Fri 17 February 2023
Meeting documents
document
230217_Byron Shire Short Term Rental_Shelter TAS Meeting transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer
Date and time
12:00 AM Wed 15 February 2023
Meeting documents
document
230215_Byron Shire Short Term Rental_WA DPLH Briefing transcript
Anyone wishing to access the transcript of this meeting must read and agree to the following disclaimer: This transcript is made publicly available. Any views expressed by persons who presented to the Commission at this meeting, are not the views of the Commission or any of its employees. By clicking on and accessing the transcript you confirm that you have read and accepted the terms of the disclaimer

Public Submissions

Byron ASTRA Form Letter
BYRON SHIRE PROPERTIES Master List _Redacted
IPC FORM LETTER Property Owners of Byron Shire
Liz Friend
SUBMISSION TO THE IPC BY LIZ FRIEND
STATEMENT BY CLAIRE STRUGGLING WITH POSSIBLE HOMELESSNESS_Redacted
ONLINE PETITION BYRON DESERVES BALANCE 2483 SIGNATURES AS AT 8 MARCH 2023 5PM_Redacted
197 COMMENTS FROM PEOPLE WHO HAVE SIGNED THE BYRON DESERVES BALANCE PETITIONRedacted
REALESTATECOM SALES 17201421
90daycappetitionechoadvert 25123 Tamara Smith Greens Member for Ballina
90daycappetitionemail Tamara Smith The Greens 20123
Newsletter Flyers
REALITY CHECK FLYER PAGE 1
REALITY CHECK FLYER PAGE 2
230323INSubmission from Mr LyonRedacted
PIA submission Byron Shire STRA_Redacted
STRA DPE PRESENTATION FOR IPC 7323
Airbnb Submission to IPC_Redacted
Chris Burke 20230310_Redacted
Christine Stoevelhar 20230310_Redacted
Court Oakes 20230310_Redacted
Genovieve Glier 20230310_Redacted
Greg Tant 20230310_Redacted
Regulate Byron Shire STHL Facebook Submission
Kim Goodrick Sabine Muschter
Name Redacted_090323
Rae Wills 20230310_Redacted
Ron Curran IPC submission8 March 2023
Will Grant 20230310
Alice Whall 010323_Redacted
Barbara Nathan 20230308_Redacted
Carlo Ugolini Submission 080223Redacted
Cathie Jones 20230308_Redacted
Charlotte Mactier 20230308_Redacted
Clare Prideaux 20230306_Redacted
Deanne King 20230308_Redacted
Dennis Haydock Submission 201222Redacted
Dennis Haydock Submission 240223Redacted
Donald Maughan Submission 010323Redacted
Donald Maughan Submission 2 010323Redacted
Graham Dietrich Submission 010223Redacted
Grant Moffitt 230307_Redacted
Janet Kneale 20230306_Redacted
Jill Keogh 20230306_Redacted
Jonatan Lundmark Submission 010223Redacted
Lindsey Salsbury 010323_Redacted
Loretta Byrne Submission 180123Redacted
M Schmidt 20230306Redacted
Margaret Cox 20230306_Redacted
Michael Goodwin Submission 010223Redacted
Monika 20230308_Redacted
Paul Brechs 010323_Redacted
Paula Hout 20230306_Redacted
PJ Prideaux 20230306_Redacted
Sabine Muschter 20230308_Redacted
Sandra Heilpern Submission 240223
Susan Read_Redacted
Vivienne Curtis 20230308_Redacted
John Lazarus 230309_Redacted
Byron Shire Council Speaker Presentation 210223
Byron Shire Council Speaker Presentation 220223
DPE Speaker Presentation
Kim Goodrick Speaker Presentation
Cate Coorey Speaker Presentation
Cate Coorey Speaker Notes
Catherine Henniker Speaker Presentation
Cr Micheal Lyon Speaker Presentation
David Wallace Speaker Presentation_Redacted
Dr James BennettLevy Published Papers on 2017 Floods Consolidated
Jan Barham Spekaer Presentation
Kim Goodrick Speaker Presentation
Leone Bolt Speaker Presentation
Liz Friend Speaker Presentation
Sabine Muschter Speaker Prsentation
Sabine Muschter Speaker Notes_Redacted
Steven Berveling Speaker Presentation
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