The Minister for Planning addresses concerns about the regulation of holiday homes in WA, particularly in Busselton and Mandurah, outlining new guidelines to balance tourism with community amenity and resident concerns.

AnsweredQoN 836Legislative Assembly
Asked
21 October 2009
Portfolio
Planning

QuestionView source ↗

HOLIDAY HOME SECTOR — TOWN PLANNING SCHEMES
I understand there has been some confusion about what is allowable in the holiday home sector. I note holiday home owners in Busselton received letters from the shire that suggest they are in breach of the town planning scheme and advise them to cease letting their premises for tourist accommodation. Can the minister please tell us what he is doing to clarify the status of holiday homes in Western Australia? Dr K.D. Hames : It’s the same in Mandurah. Mr J.H.D. DAY

AnswerView source ↗

This has been an issue in the Shire of Busselton specifically, but as the member for Dawesville just interjected, it is also an issue in the City of Mandurah and indeed in a number of other local government areas, particularly in coastal parts of Western Australia. The problem has been that quite a significant number of privately owned homes have for some time been let out for short-stay accommodation, but over which there is really insufficient regulation in relation to some of the noisier activities and antisocial behaviour that has occurred on occasions, particularly during schoolies week. That has been a problem for not only neighbouring residents, of course, but also the police in seeking to adequately respond to the problems that have arisen. The Shire of Busselton sought in 2002, I understand, to initiate an amendment to its local planning scheme to enable short-stay holiday home accommodation to be an acceptable use within its planning scheme and without needing planning approval. However, the problem as I understand it has been that the implementation of that amendment as originally proposed would have meant that higher end accommodation would have been able to continue to operate, subject to accreditation with the Tourism Council Western Australia, but it would have prevented the lower end accommodation, owned by people with more modest means perhaps, from being able to operate. Certainly, from this government’s point of view at least, we want to ensure the continued operation of holiday homes in a reasonable way without excessive restrictions. My predecessor attempted to deal with this issue; a working group was established and that is fine. I do not suggest that having a consultative group is a bad thing, but it went on for about three years until the previous government was defeated in the September 2008 election and the issue was still unresolved. It is one of numerous issues that have had to be resolved under this government. I commend the officers of the Department of Planning who have turned their attention to finding an acceptable resolution to this issue. A planning bulletin entitled “Guidelines—Holiday Homes: short stay use of residential dwellings” has now been adopted and published by the Western Australian Planning Commission that establishes guidelines for holiday homes. Amendment 46 of the Shire of Busselton will need to be modified to incorporate those guidelines in general terms at least. As substantial changes are proposed, it will require re-advertising, which the Shire of Busselton will very soon undertake, so that there can be an appropriate regulatory regime in a fairly light-handed way to ensure that there is certainty in relation to short-stay accommodation in the Shire of Busselton, and potentially in other local government areas as well. Briefly, these guidelines will define holiday homes, and they seek to reduce conflict between holiday homes and ordinary homes, particularly in the residential zone. The policy also does that by encouraging holiday homes to be located within preferred areas of high tourism amenity, such as near beaches or town centres. Mr J.N. Hyde : Did cabinet tick off on this? Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
Dr K.D. Hames : It’s the same in Mandurah. Mr J.H.D. DAY replied: This has been an issue in the Shire of Busselton specifically, but as the member for Dawesville just interjected, it is also an issue in the City of Mandurah and indeed in a number of other local government areas, particularly in coastal parts of Western Australia. The problem has been that quite a significant number of privately owned homes have for some time been let out for short-stay accommodation, but over which there is really insufficient regulation in relation to some of the noisier activities and antisocial behaviour that has occurred on occasions, particularly during schoolies week. That has been a problem for not only neighbouring residents, of course, but also the police in seeking to adequately respond to the problems that have arisen. The Shire of Busselton sought in 2002, I understand, to initiate an amendment to its local planning scheme to enable short-stay holiday home accommodation to be an acceptable use within its planning scheme and without needing planning approval. However, the problem as I understand it has been that the implementation of that amendment as originally proposed would have meant that higher end accommodation would have been able to continue to operate, subject to accreditation with the Tourism Council Western Australia, but it would have prevented the lower end accommodation, owned by people with more modest means perhaps, from being able to operate. Certainly, from this government’s point of view at least, we want to ensure the continued operation of holiday homes in a reasonable way without excessive restrictions. My predecessor attempted to deal with this issue; a working group was established and that is fine. I do not suggest that having a consultative group is a bad thing, but it went on for about three years until the previous government was defeated in the September 2008 election and the issue was still unresolved. It is one of numerous issues that have had to be resolved under this government. I commend the officers of the Department of Planning who have turned their attention to finding an acceptable resolution to this issue. A planning bulletin entitled “Guidelines—Holiday Homes: short stay use of residential dwellings” has now been adopted and published by the Western Australian Planning Commission that establishes guidelines for holiday homes. Amendment 46 of the Shire of Busselton will need to be modified to incorporate those guidelines in general terms at least. As substantial changes are proposed, it will require re-advertising, which the Shire of Busselton will very soon undertake, so that there can be an appropriate regulatory regime in a fairly light-handed way to ensure that there is certainty in relation to short-stay accommodation in the Shire of Busselton, and potentially in other local government areas as well. Briefly, these guidelines will define holiday homes, and they seek to reduce conflict between holiday homes and ordinary homes, particularly in the residential zone. The policy also does that by encouraging holiday homes to be located within preferred areas of high tourism amenity, such as near beaches or town centres. Mr J.N. Hyde : Did cabinet tick off on this? Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
Mr J.H.D. DAY replied: This has been an issue in the Shire of Busselton specifically, but as the member for Dawesville just interjected, it is also an issue in the City of Mandurah and indeed in a number of other local government areas, particularly in coastal parts of Western Australia. The problem has been that quite a significant number of privately owned homes have for some time been let out for short-stay accommodation, but over which there is really insufficient regulation in relation to some of the noisier activities and antisocial behaviour that has occurred on occasions, particularly during schoolies week. That has been a problem for not only neighbouring residents, of course, but also the police in seeking to adequately respond to the problems that have arisen. The Shire of Busselton sought in 2002, I understand, to initiate an amendment to its local planning scheme to enable short-stay holiday home accommodation to be an acceptable use within its planning scheme and without needing planning approval. However, the problem as I understand it has been that the implementation of that amendment as originally proposed would have meant that higher end accommodation would have been able to continue to operate, subject to accreditation with the Tourism Council Western Australia, but it would have prevented the lower end accommodation, owned by people with more modest means perhaps, from being able to operate. Certainly, from this government’s point of view at least, we want to ensure the continued operation of holiday homes in a reasonable way without excessive restrictions. My predecessor attempted to deal with this issue; a working group was established and that is fine. I do not suggest that having a consultative group is a bad thing, but it went on for about three years until the previous government was defeated in the September 2008 election and the issue was still unresolved. It is one of numerous issues that have had to be resolved under this government. I commend the officers of the Department of Planning who have turned their attention to finding an acceptable resolution to this issue. A planning bulletin entitled “Guidelines—Holiday Homes: short stay use of residential dwellings” has now been adopted and published by the Western Australian Planning Commission that establishes guidelines for holiday homes. Amendment 46 of the Shire of Busselton will need to be modified to incorporate those guidelines in general terms at least. As substantial changes are proposed, it will require re-advertising, which the Shire of Busselton will very soon undertake, so that there can be an appropriate regulatory regime in a fairly light-handed way to ensure that there is certainty in relation to short-stay accommodation in the Shire of Busselton, and potentially in other local government areas as well. Briefly, these guidelines will define holiday homes, and they seek to reduce conflict between holiday homes and ordinary homes, particularly in the residential zone. The policy also does that by encouraging holiday homes to be located within preferred areas of high tourism amenity, such as near beaches or town centres. Mr J.N. Hyde : Did cabinet tick off on this? Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
This has been an issue in the Shire of Busselton specifically, but as the member for Dawesville just interjected, it is also an issue in the City of Mandurah and indeed in a number of other local government areas, particularly in coastal parts of Western Australia. The problem has been that quite a significant number of privately owned homes have for some time been let out for short-stay accommodation, but over which there is really insufficient regulation in relation to some of the noisier activities and antisocial behaviour that has occurred on occasions, particularly during schoolies week. That has been a problem for not only neighbouring residents, of course, but also the police in seeking to adequately respond to the problems that have arisen. The Shire of Busselton sought in 2002, I understand, to initiate an amendment to its local planning scheme to enable short-stay holiday home accommodation to be an acceptable use within its planning scheme and without needing planning approval. However, the problem as I understand it has been that the implementation of that amendment as originally proposed would have meant that higher end accommodation would have been able to continue to operate, subject to accreditation with the Tourism Council Western Australia, but it would have prevented the lower end accommodation, owned by people with more modest means perhaps, from being able to operate. Certainly, from this government’s point of view at least, we want to ensure the continued operation of holiday homes in a reasonable way without excessive restrictions. My predecessor attempted to deal with this issue; a working group was established and that is fine. I do not suggest that having a consultative group is a bad thing, but it went on for about three years until the previous government was defeated in the September 2008 election and the issue was still unresolved. It is one of numerous issues that have had to be resolved under this government. I commend the officers of the Department of Planning who have turned their attention to finding an acceptable resolution to this issue. A planning bulletin entitled “Guidelines—Holiday Homes: short stay use of residential dwellings” has now been adopted and published by the Western Australian Planning Commission that establishes guidelines for holiday homes. Amendment 46 of the Shire of Busselton will need to be modified to incorporate those guidelines in general terms at least. As substantial changes are proposed, it will require re-advertising, which the Shire of Busselton will very soon undertake, so that there can be an appropriate regulatory regime in a fairly light-handed way to ensure that there is certainty in relation to short-stay accommodation in the Shire of Busselton, and potentially in other local government areas as well. Briefly, these guidelines will define holiday homes, and they seek to reduce conflict between holiday homes and ordinary homes, particularly in the residential zone. The policy also does that by encouraging holiday homes to be located within preferred areas of high tourism amenity, such as near beaches or town centres. Mr J.N. Hyde : Did cabinet tick off on this? Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
The Shire of Busselton sought in 2002, I understand, to initiate an amendment to its local planning scheme to enable short-stay holiday home accommodation to be an acceptable use within its planning scheme and without needing planning approval. However, the problem as I understand it has been that the implementation of that amendment as originally proposed would have meant that higher end accommodation would have been able to continue to operate, subject to accreditation with the Tourism Council Western Australia, but it would have prevented the lower end accommodation, owned by people with more modest means perhaps, from being able to operate. Certainly, from this government’s point of view at least, we want to ensure the continued operation of holiday homes in a reasonable way without excessive restrictions. My predecessor attempted to deal with this issue; a working group was established and that is fine. I do not suggest that having a consultative group is a bad thing, but it went on for about three years until the previous government was defeated in the September 2008 election and the issue was still unresolved. It is one of numerous issues that have had to be resolved under this government. I commend the officers of the Department of Planning who have turned their attention to finding an acceptable resolution to this issue. A planning bulletin entitled “Guidelines—Holiday Homes: short stay use of residential dwellings” has now been adopted and published by the Western Australian Planning Commission that establishes guidelines for holiday homes. Amendment 46 of the Shire of Busselton will need to be modified to incorporate those guidelines in general terms at least. As substantial changes are proposed, it will require re-advertising, which the Shire of Busselton will very soon undertake, so that there can be an appropriate regulatory regime in a fairly light-handed way to ensure that there is certainty in relation to short-stay accommodation in the Shire of Busselton, and potentially in other local government areas as well. Briefly, these guidelines will define holiday homes, and they seek to reduce conflict between holiday homes and ordinary homes, particularly in the residential zone. The policy also does that by encouraging holiday homes to be located within preferred areas of high tourism amenity, such as near beaches or town centres. Mr J.N. Hyde : Did cabinet tick off on this? Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
Certainly, from this government’s point of view at least, we want to ensure the continued operation of holiday homes in a reasonable way without excessive restrictions. My predecessor attempted to deal with this issue; a working group was established and that is fine. I do not suggest that having a consultative group is a bad thing, but it went on for about three years until the previous government was defeated in the September 2008 election and the issue was still unresolved. It is one of numerous issues that have had to be resolved under this government. I commend the officers of the Department of Planning who have turned their attention to finding an acceptable resolution to this issue. A planning bulletin entitled “Guidelines—Holiday Homes: short stay use of residential dwellings” has now been adopted and published by the Western Australian Planning Commission that establishes guidelines for holiday homes. Amendment 46 of the Shire of Busselton will need to be modified to incorporate those guidelines in general terms at least. As substantial changes are proposed, it will require re-advertising, which the Shire of Busselton will very soon undertake, so that there can be an appropriate regulatory regime in a fairly light-handed way to ensure that there is certainty in relation to short-stay accommodation in the Shire of Busselton, and potentially in other local government areas as well. Briefly, these guidelines will define holiday homes, and they seek to reduce conflict between holiday homes and ordinary homes, particularly in the residential zone. The policy also does that by encouraging holiday homes to be located within preferred areas of high tourism amenity, such as near beaches or town centres. Mr J.N. Hyde : Did cabinet tick off on this? Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
Briefly, these guidelines will define holiday homes, and they seek to reduce conflict between holiday homes and ordinary homes, particularly in the residential zone. The policy also does that by encouraging holiday homes to be located within preferred areas of high tourism amenity, such as near beaches or town centres. Mr J.N. Hyde : Did cabinet tick off on this? Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
Mr J.N. Hyde : Did cabinet tick off on this? Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
Mr J.H.D. DAY : No, it has not been through cabinet. It is not something that has needed to go through cabinet; it is something that has been dealt with by me as Minister for Planning and the relevant officers. An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.
An approval period of one year is suggested initially, which should be renewable for longer periods at the discretion of local governments in cases in which there is acceptable use of the particular short-stay accommodation. Therefore, this will not only put in place a much greater degree of certainty for the owners of these residences and for the people who want to use them, but also, I think, provide adequate protection for neighbours and the local community.

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