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Short Term Holiday Rental Ban

By Warwick Davis

Most people affected by this issue are probably well aware of it by now. For those who missed the kerfuffle the Land and Environment Court recently ruled on a case concerning noise complaints against a property in Terrigal which was being used for short term holiday rental. The ruling had the effect of creating a ban on holiday rental of all residential property in 2A zones across the entire Gosford LGA. If allowed to stand the consequences for the local economy would obviously be catastrophic.

On Tuesday night council voted to support a proposal applying to the NSW Department of Planning to fast track changes to the Gosford LEP that would allow short term holiday letting of houses up to 4 bedrooms. 5 or 6 bedrooms would be allowed with DA approval and larger homes would not be allowed at all.

In our opinion it is difficult to see the application not being supported by the State Government. If so the matter is now effectively a non issue if you are the owner of a home up to 4 bedrooms. Presumably if you own a 5-6 bedroom home you will soon be required to submit a DA for consent to continue renting your property. This obviously creates some uncertainty as it is unknown what conditions might be applied to the approval or if consent will be gained at all. If you own a 7 bedroom home that you rely on for holiday rental income it might be time to go to plan B.

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