HLO Central Coast
HOLIDAY LETTING
ORGANISATION
RELAX-ENJOY-RESPECT
GOSFORD CITY COUNCIL
L A T E
A G E N D A
ORDINARY
COUNCIL MEETING
TUESDAY, 26 MAY 2009
GOSFORD CITY COUNCIL - MEETING PROCEDURES
Public Participation
Council encourages members of the community of the City to participate in the decision making process of
the Council and provides the following procedures which in part relate to the requirements stipulated in the
Local Government Act 1993 (as amended).
Public participation is permitted for business before the Council when in Review Committee, and at the
Committee of the Whole Council for confidential items. This does not allow the public to participate in
respect to Petitions, which are “information only” item, nor individual tenderers to participate in respect to
tenders.
Committee of the Whole Council
Council conducts a Confidential Session, commencing at 6.00 pm on Tuesday of Weeks 1 and 4 of each
month and, if necessary, Week 2 of the month.
1 During these sessions, the Committee of the Whole Council is required to consider matters deemed
confidential in accordance with Section 10A of the Local Government Act.
2 Prior to the Committee of the Whole Council considering these matters, members of the public may
indicate reasons why any item listed should not be included in the Confidential Session [section 10A(4)].
3 Items to the Confidential Session of the Committee of the Whole Council meeting will not be available.
However the Table of Contents for the Ordinary Council meeting will identify that an item has been
submitted to the Confidential Session.
4 The report of the Confidential Session will be included in the Ordinary Minutes for that meeting.
Open Sessions of the Council Meetings
1 An Agenda Paper may be viewed on or collected from the Receptionist's Counter on the ground floor of
the Administration Building after 12 noon on the Thursday preceding the meeting and at all Branch
Libraries after 10.00 am on the Thursday preceding the meeting. The Agenda Paper is also available on
Council’s Internet site www.gosford.nsw.gov.au after 12 noon on the Thursday preceding the meeting.
2 All requests to address the Council must be submitted by each individual speaker to the Secretariat, or by
Telephone on (02) 43258336 and (02) 43258373; by Fax on (02) 43224398; or by Email addressed to
goscity@gosford.nsw.gov.au before 12 noon on the Monday preceding the Ordinary meetings of Council,
which are held at 6.45 pm on Tuesdays in Weeks 1 and 4 of each month.
3 Requests from members of the public to address Council should include reference to the item number in
the Agenda, the speaker’s name, address, daytime telephone number and whether for or against the
recommendation. Where a speaker wishes to address Council on behalf of an organisation, authorisation
advice is required from the Organisation.
4 Items where Public Participation has been requested will be referred to the Review Committee or the
Committee of the Whole Council. The number of participants speaking in favour of any one item is to be
balanced by the same number of speaker(s) against the proposal. Council will decide who is to speak
from the list of registered requests received and unless decided otherwise, speakers for/against will be in
order of registration of intention to speak.
5 Registered participants will be invited to comment during Committee consideration of the matter (except
the Confidential Committee of the Whole Council, unless invited to do so by the Council, the Committee
or the Mayor).
6 Council may defer items on the Agenda for inspection or further discussion. Persons who have
requested to address Council on any item listed for inspection by a Councillor will be advised, on the
afternoon preceding the meeting, that their names have been registered to address Council at the
Reconvened Meeting held at 6.45 pm on Tuesday of Week 2.
7 Where a participant is to address a particular item, the Chairperson may invite that person, as well as any
other persons present, to discuss the matter with Council.
8 Any proposed variations to the above shall be subject to a resolution of Council.
9 The Chairperson may curtail public participation where the information being presented is considered
repetitive or irrelevant and may rule a participant or question out of order.
TABLE OF CONTENTS
Ordinary Meeting (2009/10) of Gosford City Council
to be held in the Council Chamber, Level 1, 49 Mann Street, Gosford
on Tuesday, 26 May 2009 at 6.45 pm
MATTERS TO BE SUBMITTED TO THE OPEN COUNCIL ...........................................200
MATTER SUBMITTED BY THE DIRECTOR - ENVIRONMENT AND PLANNING ........200
ENV.35 SHORT TERM HOLIDAY LETTING OF DWELLINGS (IR 5999575).........................200
MATTER SUBMITTED BY THE DIRECTOR - WATER AND SEWERAGE ...................211
WAT.18 GOSFORD WYONG COUNCILS' WATER AUTHORITY BOARD MEETING
HELD 20 MAY 2009 (IR 6272465) ..............................................................................211
Reports Page 200 26 May 2009
MATTERS TO BE SUBMITTED TO THE OPEN COUNCIL
To be held at 6.45 pm on Tuesday, 26 May 2009
MATTER SUBMITTED BY THE DIRECTOR - ENVIRONMENT AND PLANNING
ENV.35 SHORT TERM HOLIDAY LETTING OF DWELLINGS (IR 5999575)
Directorate: Environment and Planning
Business Unit: Integrated Planning
BACKGROUND
This item was considered at the Strategy/Policy Workshop held on 19 May 2009.
The holiday letting of dwellings has for a number of generations been a source of vacation
accommodation for many Australian families. The activity provides a source of income for owners
as well as providing economic support through tourism for many towns and villages.
The use of apartments and dwelling houses for this activity has generally been seen by local
communities as a landuse that, due to its historic status, is part of the living environment of seaside
locations such as the coastal areas of Gosford. The legal standing of the holiday letting of
dwellings has largely remained unquestioned, again due to the historic status of the use. Gosford
City Council has viewed the use as being akin to the accepted practice of medium to long term
renting of dwellings that occurs in all localities within City.
In recent years, localities that once consisted of primarily 'holiday houses' i.e. Pearl Beach were
vacant for most of the year have become locations for permanent residents, often retirees
occupying their former holiday houses or 'sea changers'. Changes have also taken place in the
nature of the letting of 'holiday houses'. More groups of unrelated people are now letting these
properties and the letting is often for shorter periods and for specific celebration events. It would
appear that with these changes there is the potential for conflict between residents and non
residents. Council in recent years has begun receiving complaints about the use of 'holiday
houses'.
The issues that are being raised by permanent residents in the Gosford local government area are
also being experienced in other coastal areas of NSW. Councils along the coast have responded
to the issues by undertaking a range of different actions. The lack of a consistent approach in
dealing with the issues associated with short term holiday letting is a result of the NSW
Government not providing a policy direction on an issue that has state wide significance.
Council has previously been provided with a briefing from the Director - Environment and Planning
as to the issues in relation to this use.
This report will provide:
· more discussion on the issue
· advice on approaches being taken by other Councils
· advice from Department of Planning, and
· a recommended approach for dealing with the issues associated with the use.
Reports Page 201 26 May 2009
The following Councillors were present for this item:
Councillor, Holstein, Burke, Doyle, Maher, Macfadyen, Scott, and Strickson.
REPORT
Issues in relation to Short Term Holiday Letting of Dwellings
As highlighted in the background to this report, there a number of issues ranging across several
areas relating to short term holiday letting. These issues come under the general headings of:
· Nature of Use
· Importance of Use to the Local Community
· Legal Status of Use
· Nature of Complaints
· Council Responses
· Local Government & Shires Association and NSW Department of Planning Responses
· Proposed Definition of Use
Nature of Use
The renting of a holiday house on the coast for school holidays and long weekends has been a
major avenue of vacation for several generations of Australians. The typical holiday house though
has now changed from the small fibro or weatherboard 'shack' containing a small number of
bedrooms into a large modern dwelling house or increasingly a dwelling unit with a range of
communal on-site facilities.
Typically, the traditional holiday house was rented to family groups for limited periods of the year.
With the substantial capital improvements associated with redevelopment of the 'holiday shacks'
comes a need to rent the property for more times of the year to offset costs. In this regard,
properties are increasingly being advertised for weekends and for specific celebration events.
Renting has also been made easier through the use of online advertising and payment.
Further, the current economic situation means that owners of holiday homes who previously could
afford to leave these properties vacant for most of the year and only be used by family or friends
are now being forced to consider ways of increasing the use of the dwelling. More of these holiday
homes are now being offered for short term holiday letting.
Importance of Use to the Local Community
The short term letting of dwellings for holiday use has provided accommodation for tourists for
many years. Business areas have relied heavily on the income that tourists who occupy the
dwellings bring to the area, particularly over the Christmas period.
The supply of tourist beds that short term holiday letting provides could not be contained in new
tourist development as insufficient suitable land exists to provide for such developments. These
tourist beds also occur in a variety of locales, thus providing a choice of experiences.
Reports Page 202 26 May 2009
Council has been approached by groups representing the tourism industry and owners of
properties who participate in short term holiday renting, concerned as to what actions Council will
be taking in relation to the activity. As indicated above, the short term holiday letting of dwellings is
an important contributor to economic activity and employment in Gosford.
Legal Status of Use
Short term holiday letting of dwellings is not referred to in the Gosford planning instruments. The
use of land for that purpose for example is not permitted on land zoned residential under the
Gosford Planning Scheme Ordinance (GPSO). If it is not a permitted use then it is prohibited
under the GPSO. Under Interim Development Order No.122 (IDO) "tourist units" are the closest
match to 'short term holiday lettings' and these are only permissible in the 7(c3) zone.
The proposed draft Gosford Local Environmental Plan (LEP) 2009 currently contains no provision
for short term holiday letting or a similar use to be permitted in the residential zones. The
proposed draft Gosford LEP 2009 is currently being reviewed by the NSW Department of Planning
(DoP) head office and Parliamentary Counsel.
Nature of Complaints
Only a few of the properties out of the many used for short term holiday letting have been subject
to complaints, although a large number of complaints have been received. Council has responded
to a complaint made to the Ombudsman and also the DoP has requested advice on the issue as a
result of approaches being made to the then Minister for Planning. The vast majority of properties
that are used for short tem holiday letting operate without impact on their neighbourhood.
Anecdotally, there could be several thousand dwellings leased for short term holiday
accommodation in the Gosford local government area.
The complaints that have been made relate to short term holiday lettings that are being marketed
and used for specific celebration events such as birthday parties and bucks/hens nights or
weekends. The complaints received relate to matters of noise, illegal parking, rubbish and general
unruly behaviour. Questions were also raised in these complaints about the legality of the use.
The complaints primarily concern matters that are not directly related to the landuse per se but
relate to the behaviour of the occupants of the dwelling. As such, the application of development
standards will not singularly address the complaints. Instead, NSW Police and to a lesser degree
Council enforcement of public order and traffic laws will need to occur in conjunction with
development standards to ensure the use operates without impact on a neighbourhood.
Council will continue to respond to the complaints that have been received and after investigations
confirm the use is occurring, by issuing notices to property owners to cease the alleged
unauthorised activity of short term holiday letting supported by appropriate legal action where
necessary. Council has already taken this action in relation to eleven (11) properties. This type of
response will continue until such time as Council was to adopt an altered policy position.
Council Responses
A number of Councils in NSW have amended planning instruments, prepared Development
Control Plans (DCPs) or adopted policies in relation to short term holiday letting of dwellings. It is
of interest that although the issues relating to the operation of the activity are broadly similar
between Council areas the responses are quite different.
Reports Page 203 26 May 2009
Councils that have sought to address the issue of short term holiday letting have all continued to
permit the use. Variations have occurred in the definitions of the use. For instance, Manly Council
adopts the 'tourist unit' term while Randwick Council uses the 'serviced apartment' term. Byron
Shire Council wishes to include the 'holiday letting' use in designated precincts within their new
LEP (note that this use is not provided for in Standard LEP template definitions) and regulate the
activity by way of a licence under the Local Government Act. Byron Shire Council has requested
an amendment to the Local Government Act to enable this to occur.
Manly, Randwick and Byron Councils restrict the use to either certain zones and/or geographic
areas. Manly Council in particular has confined the use to a group of streets within the Manly
locality. It has been reported to officers within Gosford Council that this approach has not worked
and the use is still operating outside the set geographic area.
For the Manly and Randwick Councils areas, development consent after the lodgement of a
development application is required for the use. For Byron Shire Council it is proposed that the
use be a form of Complying Development.
Byron Shire Council has proposed that a developer contribution (section 94 Environmental
Planning & Assessment Act 1979) be payable on developments proposed to be used for short term
holiday lettings. Byron has stated that short term holiday lettings compete with approved tourist
facilities that have appropriate approvals in place and make a contribution to community facilities
and infrastructure that are used by visitors to the area. It is considered that many practical and
legal issues arise with Byron Shire Council's proposal to apply a developer contribution to
dwellings used for short tem holiday letting.
Byron Shire Council, it is noted, views short term holiday letting as having other negative impacts
such as a loss of permanent rental housing stock which makes it difficult for residents to find local
housing.
Local Government & Shires Association and NSW Department of Planning Responses
The issue of the short term holiday letting of dwellings was raised by Byron Shire Council at the
2005 Local Government & Shires Association (LGSA) Tourism Conference at Forbes. The Action
Statement from the conference stated:
'This issue has been investigated by the Associations. At the 2004 conference of the
Local Government Association of NSW (LGA) it was resolved that: "The LGA review
and survey member Council's positions on the use of dwelling houses or attached or
detached dwellings in residential areas for the purposes of self contained holiday or
short term accommodation." The Associations carried out a survey of Councils which
found there is a wide range of views on the use of dwellings for short term
accommodation and that a uniform approach had not been taken. The LGA Executive
subsequently resolved to advise Councils that the approach to managing short term
accommodation in residential areas be left up to individual Councils to decide'.
The NSW Department of Planning has advised that it is aware that short holiday letting of dwellings
is an issue of concern to a number of Councils and is carrying out its own investigations. The
Department at this stage is not proposing any state wide response to the issue. The Department is
not objecting to Council proposing a change to the proposed draft Gosford LEP 2009 to deal with
this issue, if Council resolves to do so.
Reports Page 204 26 May 2009
Proposed Definition of Use
With no direction provided as yet by the Department of Planning, individual Councils have
determined which landuse description will apply to short term holiday lettings in their area. A
review of the standard LEP template uses and definitions has indicated that none are appropriate
for use in the various zones where short term holiday letting is being undertaken.
The creation of a new landuse and definition for inclusion in the LEP template is not generally
supported by the Department of Planning, though Council may make a submission on the matter.
The Department has indicated, however, that it is prepared to consider the inclusion of local
provision in the proposed draft Gosford LEP 2009 relating to the regulation of short term holiday
letting.
It is proposed that the term 'short term holiday letting' be used along with the following definition;
"means an existing dwelling that provides temporary or short term accommodation on a
commercial basis but excludes hotel or motel accommodation, serviced apartments, bed and
breakfast accommodation, tourist and visitor accommodation and backpackers' accommodation."
The definition would apply to dwelling houses and units in residential flat buildings and the like.
Options for Consideration
Option 1 - Council maintain prohibition on short term holiday letting
Comment -
The vast majority of properties that are used for short tem holiday letting operate without impact on
their neighbourhood. The short term letting of dwellings for holiday use has provided
accommodation for tourists for many years. Business areas rely heavily on the income that these
tourists bring to the area, particularly over the Christmas period.
The adoption of this option is not supported as it would penalise the majority of owners who
conduct their activities appropriately and would result in significant economic loss in coastal
business areas and have negative impacts on the wider Gosford area.
Option 2 - Council request the Department of Planning to prepare a State Environmental Planning
Policy dealing with the issue of short term holiday letting.
Comment -
Council has had discussions with the Department of Planning (DOP) concerning this matter. It was
stated to DOP officers that this is a state-wide issue. The DOP is aware of the issues but at this
stage does not plan to issue any policy directions to local government.
The adoption of this option on its own is not supported as it would mean that Council was not
addressing the issue and uncertainty relating to the use would continue creating concerns for both
the residents who are adversely impacted by short term holiday lettings and the owners of
dwellings who operate the use.
This option could be pursed in conjunction with a DLEP oriented action (see below).
Option 3 - Council permit short term holiday letting as a form of development that requires
development consent, either through a development application to Council or as complying
development.
Reports Page 205 26 May 2009
Comment -
Councils who have been reviewed for their response to dealing with the issue of short term holiday
letting have all conducted or proposing to conduct changes to their planning instruments to permit
the use subject to consent. Councils have chosen differing landuse terms to define the use i.e.
'tourist units', 'serviced apartments'.
As well as permitting the use subject to consent, several Councils including Manly and Byron Shire
have restricted or seek to restrict the use to set geographic areas. This approach is designed to
confine the use to a set area leaving other coastal areas free of the potential negative impacts of
the use. As was identified earlier in this report, enforcement problems have been encountered by
Manly Council in applying this restriction. With so few properties in Gosford causing concern as to
their operation as short term holiday lettings it would be unreasonable to prevent the use from
occurring in areas where a demand existed.
The use has operated without restriction for many years without impacting on the living
environment of the vast majority of local residents and has added considerably either directly or
indirectly through its multiplier affects to the local economy. It would be unreasonable to impose
controls that unduly restrict or delay the creation of new short term holiday letting properties that
will be likely to operate without impact on the amenity of a locality.
The adoption of this option for all dwellings used for short term holiday letting is not supported as
the requirement for the submission of a development application for the use is seen as being only
necessary where the use will operate at a scale which could impact on the amenity of a locality.
Option 4 - Council permit short term holiday letting as exempt development, therefore requiring no
consent from Council.
Comment -
Exempt development operates by allowing certain minor development to be carried out without any
form of consent subject to satisfaction of the development standards. The recently gazetted SEPP
(Exempt and Complying Development Codes) 2008 permits uses in existing buildings such as bed
and breakfasts, home businesses, home industries and home occupations, as exempt
development subject to certain development standards.
Issues relating to the operation of the use that are land use related could be dealt with by the
imposition of development standards. NSW Police and to a lesser degree Council enforcement of
public order and traffic laws would need to occur in conjunction with the development standards to
ensure the use operates without negative impact on the neighbourhood.
The adoption of this option is supported as this option would allow the short term holiday letting of
dwellings to continue without the need for development consents that impose cost and time delays.
This situation should only occur on the basis that the activity operates in accordance with the
development standards specified in the exempt development schedule. If development standards
cannot be met then a development application as per Option 3 would be required.
Reports Page 206 26 May 2009
Proposed Development Standards for Short Term Holiday Letting of Dwellings as Exempt
Development
In creating a list of development standards Council needs to be mindful that it does not, through
too stringent standards, force applicants of low impact proposals into having to submit
development applications for the use. Guidance as to appropriate development standards for short
term holiday letting can be discerned from reference to the requirements for the undertaking of
other exempt development uses under the SEPP (Exempt and Complying Development codes)
2008 such as bed and breakfast, home business, home occupation and home industry as well as
Council's existing development requirements for these types of uses.
The above uses contain development standards relating to limits on the number of bedrooms and
floor areas which have the aim of ensuring that the use is of a scale that should not impact on the
amenity of the locality. Development standards are measurable aspects of a development and
cannot be subjective matters such as amenity of the neighbourhood.
The setting of development standards for short term holiday letting of dwellings as exempt
development should then be based on permitting development that would result in a level of
activity that is 'domestic' in scale.
It is suggested that the following development standards apply for short term holiday letting of
dwellings as exempt development;
· Must not consist of more than 4 bedrooms or accommodation for more than 8 occupants.
· Maximum of 4 off street car parking spaces.
The development standard relating to number of bedrooms and number of occupants is the same
as Council's existing bed and breakfast standards.
The number of carparking spaces required reflects a reasonable requirement for dwellings of up to
4 bedrooms. The standard is considered to be relatively low for the use but it is designed to
encourage the traditional family use of holiday dwellings where shared car use is likely by making
the use exempt development. Where use of the holiday dwellings by unrelated persons is being
encouraged by an owner, a lower level of shared car use would be evident and a higher carparking
provisions would need to occur.
If the proposal exceeds any of the development standards a development application will need to
be lodged. If a short term holiday letting of a dwelling commences as exempt development is
found to be operating outside the development standards for exempt development, the owner
would be required to submit a development application.
Proposed Development Guidelines for Short Term Holiday Letting of Dwellings in excess of
Exempt Development Standards that require a Development Application
Where it has become evident through complaint that the short term holiday letting of a dwelling is
not operating in accordance with the development standards for exempt development or an
applicant wishes to undertake the use in a manner that exceeds the development standards, a
development application would be required to be submitted.
Reports Page 207 26 May 2009
The assessment of the development application should be undertaken against set criteria as well
as subjective matters such as amenity. The criteria would preferably be measurable aspects of the
development to ensure easier enforcement. The determination of the criteria should be guided by
the objectives for the zone of the planning instrument in which the use is located. Most short term
holiday letting uses will occur within residential zones hence the objectives for the residential zones
in the proposed draft Gosford LEP 2009 should form the basis for the criteria.
The key objective within the Low Density Residential R2 zone as it relates to the use is "To ensure
that non-residential uses do not adversely affect residential amenity or place demands on services
beyond a level reasonably required for low density housing". A similar objective applies for the
General Residential R1 zone. Other relevant zones' objectives would need to be reviewed
accordingly.
Short term holiday letting uses operating or proposing to take place above the development
standards of the exempt category need to be considered from the possibility of its potential impact
on the amenity of the local area, as the use may operate at a level which could be unacceptable to
the local community. Measurable criteria will be beneficial in assisting in that assessment.
Criteria relating to occupants and car parking are proposed to be used for determining whether an
existing or a proposed short term holiday letting of a dwelling will meet the objective of the zone. In
this regard it is proposed that the following criteria be used in the assessment of a development
application. These criteria are;
· Must not consist of more than 6 bedrooms or accommodation for more than 10 occupants.
· Maximum of 6 off street car parking spaces.
These criteria have been chosen as they should produce an intensity of use that although at the
upper end of the domestic scale, can still be supported by a domestic garbage service and they
reflect an occupant level for use of water and sewerage services that would be planned to be
generated by a dwelling of the above number of bedrooms. A maximum off street car parking
requirement is designed to ensure that a limit on the available off-street carparking will promote
family based use where shared car use is more likely. Where car parking is occurring on-street
and not in on-site locations the use could be considered to not be meeting conditions of consent or
the requirements for the use.
The above criteria are proposed to be included in a DCP for the use. The DCP could include other
components such as reference to the best practice guidelines for holiday and short term rentals
produced by the Real Estate Institute of NSW and amenity issues that will be considered in the
determination of the development application. The DCP would also contain information
requirements for the submission of development applications.
Proposed Land Use Actions
The first action that needs to take place is to ensure that the Local Planning Provision for Short
Term Holiday Letting is incorporated into a planning instrument. Amendment to the existing
Gosford planning instruments will not be able to occur by Council prior to the proposed draft
Gosford LEP 2009 being exhibited.
The proposed draft Gosford LEP 2009 is currently being considered by DOP head office and
Parliamentary Counsel. The DOP has indicated to Council that, it would not object to Council
requesting, by way of resolution, the inclusion of an amendment to the plan for short term holiday
letting of dwellings. The mechanism for such an amendment would depend upon timing of
issuance of the Department's section 65 Certificate to allow exhibition of Gosford DLEP 2009.
Reports Page 208 26 May 2009
The result will be that short term holiday letting will be included within the exempt development
schedules of the plan. Thus wherever a dwelling house is permissible and exists, a short term
holiday letting of dwellings would be permissible in accordance with the exempt development
schedule and associated development standards. The aim would be that these alterations would
be placed on public exhibition with the remainder of the proposed draft Gosford LEP 2009.
The second action that needs to take place is the preparation of a DCP for instances where a use
of a dwelling for a short term holiday letting exceeds the development standards for it to be exempt
development and a development application is required for the use. The development control plan
should contain guidelines for the consideration of the development applications. In particular, the
DCP should contain the criteria referred to earlier to be used for the assessment of development
applications.
Owners Management of Tenants
The above discussion proposes actions that Council may take in relation to the use. Owners
themselves do have responsibilities in the management of their properties.
A Holiday Letting Organisation exists at Byron Shire and represents 600 owners of premises used
for this purpose. It is an incorporated body and is claimed to represent 90% of premises being
used for the purpose.
The Organisation advises owners how to manage their properties and the behaviour of their
tenants. Tenants are advised that no parties or functions are to be held and the number of
occupants are limited. Membership is $100 per premises per annum which funds the operation of
a widely promoted noisy neighbour's hotline. Residents affected by noise from a holiday let
premises contact the hotline, a security officer attends the premises and if necessary counts the
number of occupants and the call centre reports the complaint and outcomes to the owner. The
owner then visits the tenants the following morning and issues either a first and final warning or
terminates the lease and evicts the tenant.
It is claimed by the Organisation that the industry self regulation of behaviour of tenants is
successful and the members recognise that the amenity of the neighbourhood needs to be
protected. Obviously proactive action on the owners part reduces the potential for complaints to
the Council and Police.
Council staff are aware that as a result of action being undertaken by Gosford Council following
residents complaints, a Holiday Letting Organisation has been formed locally.
If Council adopts the recommendations of this report, the industry should be encouraged to
implement measures such as those implemented at Byron Shire to respond to neighbours
complaints. Individual owners membership of an organisation however, is voluntary and there is
no legal or regulatory support to force membership or coverage to include non-member premises.
Residents should be encouraged to contact an industry body in the first instance and then the
Police if their concerns have not been addressed. A police officer can attend and issue a verbal
noise abatement direction to a person to cease offensive noise if satisfied that adjoining residents
are being affected. The police officer can also take action in relation to unruly or anti-social
behaviour or for on street parking offences.
These types of problems invariably occur during late evenings or early mornings, usually on
weekends, and Council does not allocate staff resources to respond to complaints at those hours.
Reports Page 209 26 May 2009
Summary
· The use of dwellings for 'short term holiday letting' is a prohibited use under the current
deemed Gosford planning instruments (i.e. LEPs).
· The use of dwellings for 'short term holiday letting' is currently not proposed to be a permitted
use under the proposed draft Gosford LEP 2009 (endorsed by Council in May 2008).
· The use provides accommodation for tourists who provide income and employment for local
residents.
· The use is conducted without impact on neighbourhood amenity in the vast majority of cases.
· Impact on neighbourhood amenity from the few properties where the use is not conducted
properly, includes illegal parking, noise, rubbish, unruly behaviour.
· No particular standardised approach to regulation of the use has been taken by local
councils or the State Government although it has no objection in theory to Council
undertaking an amendment to the proposed draft Gosford LEP 2009.
· A Local Provision be included in proposed draft Gosford LEP 2009 relating to short term
holiday letting of dwellings.
· Due to the generally low impact nature of the use it is proposed that the use of dwellings for
short term holiday letting be classed as exempt development in most instances.
· The development standards that would apply to the use as exempt development are
proposed to be:-
Must not consist of more than 4 bedrooms or accommodation for more than 8
occupants.
Maximum of 4 off-street car parking spaces.
· The criteria for the assessment of a development application for the use are:
Must not consist of more than 6 bedrooms or accommodation for more than 10
occupants.
Maximum of 6 off-street carparking spaces.
· A DCP be prepared for the determination of development applications.
· The DCP also provide for the consideration of amenity issues
· Owners of dwellings used for short term holiday letting should be encouraged to actively
seek to protect the amenity of the neighbourhood by implementing the Guidelines produced
by the Real Estate Institute of NSW and implementing a noisy neighbour hotline and
response system similar to that in operation in Byron Shire.
· Adjoining residents aggrieved by noise, unruly or anti-social behaviour and on street parking
offences should be encouraged to contact a noisy neighbour hotline, if one is established, or
the Police for assistance.
Reports Page 210 26 May 2009
Attachments: Nil
Tabled Items: Nil
FINANCIAL IMPACT STATEMENT
The recommendation does not impact on Council’s financial position.
RECOMMENDATION
A Council request the Department of Planning to include as part of its Section 65(2) Certificate
response to the proposed draft Gosford LEP 2009 that:
(i) The definition of 'short term holiday letting of dwellings' be included in the Local
Provision of the plan:
"'short term holiday letting means an existing dwelling that provides temporary or short
term accommodation on a commercial basis but excludes hotel or motel
accommodation, serviced apartments, bed and breakfast accommodation, tourist and
visitor accommodation and backpackers' accommodation"
(ii) The development standards for short term holiday letting use as exempt development:
- not consist of more than 4 bedrooms or accommodates more than 8 occupants,
and
- provide a maximum of 4 off street car parking spaces.
(iii) The criteria for the assessment of a development application for the use:
- not consist of more than 6 bedrooms or accommodates more than 10 occupants,
and
- provide a maximum of 6 off-street parking spaces.
B Council resolve to prepare a Development Control Plan that provides guidelines for the
assessment of development applications for the use of dwellings for short term holiday letting
of dwellings.
C Council encourage the establishment of a 'noisy neighbour hotline' for dwellings used for
short term holiday letting.
D Council encourage the use by local real estate agents of the Real Estate Institute of NSW
guidelines for the letting of dwellings for short term holidays.
E Council write to the Department of Planning and encourage it to pursue investigation of the
introduction of a SEPP to guide the issue, for the reasons outlined in the report
Reports Page 211 26 May 2009
MATTER SUBMITTED BY THE DIRECTOR - WATER AND SEWERAGE
WAT.18 GOSFORD WYONG COUNCILS' WATER AUTHORITY BOARD MEETING
HELD 20 MAY 2009 (IR 6272465)
Directorate: Water and Sewerage
Business Unit: Water and Sewerage
BACKGROUND
The Board of the Gosford and Wyong Councils' Water Authority met on 20 May 2009.
The next scheduled Board meeting will be held on 19 August 2009 at Gosford City Council.
REPORT
The minutes of the meeting include resolutions and recommendations to the two Councils on items
included in the Agenda, business arising from previous minutes and general business that was not
contained in the meeting papers.
The minutes of the Board Meeting of 20 May 2009 are attached.
The recommendation from the Board Meeting for adoption by the Gosford and Wyong Councils is
presented in this Council Paper.
Attachments: A Minutes of the Gosford Wyong Councils' Water Authority Board Meeting held
on 20 May 2009 at Gosford City Council
B Proposed amended Level 3 restrictions
C Proposed Council rainwater tank rebate program
Tabled Items: Nil
FINANCIAL IMPACT STATEMENT
Funds have been made available in the Gosford City Council Water & Sewerage Budget for
2008/09 to undertake work of the Gosford and Wyong Councils' Joint Water Authority.
The recommendations do not impact on Council’s financial position.
RECOMMENDATIONS
A For Water Restrictions (refer item 2.1 in the Minutes):
That Gosford City Council commence the amended Level 3 restrictions as detailed at
Attachment 2 of the Minutes on 14 June 2009 with the amendment of hours quoted in
respect of watering of Lawns and Gardens to now read as follows:
Reports Page 212 26 May 2009
"Hand-held hoses (with a trigger nozzle) and drip irrigation systems can be used for 1
hour a day on two days of the week, between the hours of 6.00 am to 9.00 am and
4.00 pm to 7.00 pm. (Odd numbered homes Wednesday and Saturday. Even
numbered homes Thursday and Sunday)."
B For Rainwater Tank Rebate Program (refer item 2.2 in the Minutes):
That Gosford City Council adopt an alternative rainwater tank rebate program as outlined
in Table 4 providing rebates for only the internal connection of tanks purchased prior to 1
August 2009.
C For the provision of Professional Engineering Consulting Services for the Mardi to Mangrove
Link Project, Gosford City Council notes and concurs with the following (refer item 2.3 in the
Minutes):
1 That Wyong Shire Council note the updated forecast cost 'estimate-at-completion' of
$11.510 million for the provision of GHD's professional services (including engineering
investigations, design, and documentation) for the pre-construction phase of the Mardi-
Mangrove Link Project.
2 That Wyong Shire Council approve an increase to the budget allocation for the
professional services contract with GHD Pty Limited, for the pre-construction phase of
the Mardi to Mangrove Project, by $3.786 million, from $7.724 million to $11.510 million
which includes a $1.224 million contingency.
3 That Wyong Shire Council approve the proposed increase in the budget allocation of
$3.786 million be drawn down against the overall Project Contingency Sum of $10
million within the original project cost estimate of $110 million.
D For the Mardi to Mangrove Link Project Preliminary Cost Estimates and Cost Reduction
Options (refer item 2.4 in the Minutes):
1 That Cost Reduction Option B be adopted including:
i The two Wyong River crossings in Sector 3 of the Mardi-Mangrove Link pipeline
route corridor be pipe-bridged.
ii The pipeline route corridor in Sector 6 of the Mardi-Mangrove Link Project be
modified and re-located to entirely within the road reserve.
iii The pipeline route corridor in Sector 8 of the Mardi-Mangrove Link Project be
modified to avoid the need for micro tunnelling through a hill and instead cross
through private land and crown land before joining the road reserve.
2 That the above recommendation be subject to approval by all relevant State
Government authorities.
3 That a preliminary cost estimate range for the Mardi-Mangrove Link Project is $125
million to $170 million which reflects resolutions i, ii and iii above and includes both the
preconstruction and construction phases of the Project.
Reports Page 213 26 May 2009
4 That a further budget allocation of $1.9 million be approved for the provision of GHD
professional engineering services for the pre-construction phase to undertake the
necessary investigations, environmental assessment and design work to achieve the
above cost reductions. This increases the total GHD pre-construction budget allocation
from $11.51 million to $13.41 million.
5 That the Gosford City and Wyong Shire Councils acknowledge the Federal
Government funding of $80.3 million from the Water Smart Australia Program towards
the Mardi-Mangrove Link Project.
6 That Gosford City and Wyong Shire Councils share the funding of the Project cost
which is not covered by the Federal Government funding and make relevant provisions
for a total pre-construction budget of $26 million which includes project management,
professional services, engineering and environmental assessments and the acquisition
of land easements for the pipeline.
E For the Sponsorship towards the Central Coast Waterwatch Program (refer item 2.5 in the
Minutes):
That the matter be referred to the General Managers of Wyong Shire Council and Gosford
City Council to further investigate the sponsorship and subject to them being satisfied in
respect of this investigation the following be authorised:
1 That a $10,000 (plus GST) sponsorship contribution be made towards the provision of
the Central Coast Waterwatch Program for the 2009-10 financial year.
2 That a requirement in providing sponsorship is that the Waterwatch provider shall
submit to the Board an annual report on expenditure and results.
F For the Communications Strategy 2990-10 (refer item 2.6 in the Minutes):
That Gosford City Council adopt and implement the 2009-10 Communications Strategy.
G For the Gosford Western Transfer Main Swabbing Infrastructure (refer item 2.7 in the
Minutes):
That funding of $1.39m be approved for the design, construction and commissioning of
infrastructure for the cleaning of Gosford Wyong Western Transfer Main.
Reports Page 214 26 May 2009
ATTACHMENT A
WATER AUTHORITY
MINUTES OF THE
GOSFORD WYONG COUNCILS’ WATER AUTHORITY
HELD IN THE TIM FARRELL AND WILFRED BARRETT COMMITTEE ROOMS,
WYONG CIVIC CENTRE, HELY STREET, WYONG
ON WEDNESDAY, 20 MAY 2009,
COMMENCING AT 8.30 AM
PRESENT:
CR GRAHAM* CHAIRPERSON
GOSFORD WYONG
CR HOLSTEIN* CR SYMINGTON*
CR MAHER
CR MCFADYEN*
MR P WILSON* MR K YATES*
MR R WILLIAMS* MR P WISE*
GOSFORD CITY COUNCIL STAFF WYONG SHIRE COUNCIL STAFF
MRS PAM MCCANN MR G MCDONALD
MR B KOIZUMI-SMITH MS M BRIEGER
MS K GILLETT MRS H SCHWARTZ
MS M REDMOND
* BOARD MEMBERS WITH VOTING RIGHTS AT THIS MEETING.
AUTHORITY STAFF MARDI TO MANGROVE LINK STAFF
MR G CASEMENT MR R JEWELL
MR B FULLAGAR MS L MC DERMOTT
APOLOGIES
RESOLVED unanimously on the motion of Councillor Graham and seconded by
Councillor Holstein:
That the Board accept apologies on behalf of Councillors McNamara, Vincent and Latella
and grant leave of absence from the meeting.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
Reports Page 215 26 May 2009
1.1 Disclosure of Interest
RESOLVED unanimously on the motion of Councillor Graham and seconded by
Councillor Holstein:
That the Board receive the report on Disclosure of Interest and the fact that no disclosure
was made be noted.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
1.2 Confirmation of Minutes of Previous Meeting
RESOLVED unanimously on the motion of Councillor Graham and seconded by
Councillor Holstein:
That the Board receive and confirm minutes of the previous Gosford / Wyong Councils’
Water Authority Board Meeting held on 18 February 2009.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
BUSINESS ARISING OUT OF THE MINUTES
THERE WAS NO BUSINESS ARISING.
2.1 Water Restrictions
RESOLVED unanimously on the motion of Councillor McFadyen and seconded by
Councillor Graham:
That the Board note the information and recommend to the two Councils to commence the
amended Level 3 restrictions as detailed at Attachment 2 on 14 June 2009 with the
amendment of hours quoted in respect of watering of Lawns and Gardens to now read as
follows:
“Hand-held hoses (with a trigger nozzle) and drip irrigation systems can be used
for 1 hour a day on two days of the week, between the hours of 6.00 am to
9.00 am and 4.00 pm to 7.00 pm. (Odd numbered homes Wednesday and
Saturday. Even numbered homes Thursday and Sunday).”
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
Reports Page 216 26 May 2009
2.2 Rainwater Tank Rebate Program
RESOLVED unanimously on the motion of Councillor McFadyen and seconded by
Councillor Graham:
That the Board note the information and recommend to the two Councils the following:
To adopt an alternative rainwater tank rebate program as outlined in Table 4 providing
rebates for only the internal connection of tanks purchased prior to 1 August 2009.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
2.3 Contract CPA 130386 - Provision of Professional Engineering Consulting
Services for the Mardi to Mangrove Link Project GHD Pty Limited - Budget
Allocation No 2
RESOLVED unanimously on the motion of Mr Wise and seconded by Mr Yates:
1 That the Board recommend that Wyong Shire Council resolve and Gosford City
Council concur with the following:
a That Wyong Shire Council note the updated forecast cost ‘estimate-atcompletion’
of $11.510 million for the provision of GHD’s professional
services (including engineering investigations, design, and documentation)
for the pre-construction phase of the Mardi – Mangrove Link Project.
b That Wyong Shire Council approve an increase to the budget allocation for
the professional services contract with GHD Pty Limited, for the preconstruction
phase of the Mardi to Mangrove Project, by $3.786 million,
from $7.724 million to $11.510 million which includes a $1.225 million
contingency.
c That Wyong Shire Council approve the proposed increase in the budget
allocation of $3.786 million be drawn down against the overall Project
Contingency Sum of $10 million, being the contingency component of $10
million within the original project cost estimate of $110 million.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
Reports Page 217 26 May 2009
2.4 Mardi to Mangrove Link Project - Preliminary Cost Estimates and Cost
Reduction Options
RESOLVED unanimously on the motion of Councillor Graham and seconded by
Councillor Holstein:
That the Board note the information in this report and recommend to the two Councils the
following:
1 That Cost Reduction Option B be adopted including:
i The two Wyong River crossings in Sector 3 of the Mardi-Mangrove Link pipeline
route corridor be pipe-bridged
ii The pipeline route corridor in Sector 6 of the Mardi-Mangrove Link Project be
modified and re-located to entirely within the road reserve.
iii The pipeline route corridor in Sector 8 of the Mardi-Mangrove Link Project be
modified to avoid the need for microtunnelling through a hill and instead cross
through private land and crown land before joining the road reserve.
2 That the above recommendation be subject to approval by all relevant State
Government authorities.
3 That a preliminary cost estimate range for the Mardi-Mangrove Link Project is $125
million to $170 million which reflects resolutions 1, 2 and 3 above and includes both
the preconstruction and construction phases of the Project.
4 That a further budget allocation of $1.9 million be approved for the provision of GHD
professional engineering services for the pre-construction phase to undertake the
necessary investigations, environmental assessment and design work to achieve the
above cost reductions. This increases the total GHD pre-construction budget
allocation from $11.51 million to $13.41 million.
5 That the Gosford City and Wyong Shire Councils acknowledge the Federal
Government funding of $80.3 million from the Water Smart Australia Program towards
the Mardi-Mangrove Link Project.
6 That Gosford City and Wyong Shire Councils share the funding of the Project cost
which is not covered by the Federal Government funding and make relevant
provisions for a total pre-construction budget of $26 million which includes project
management, professional services, engineering and environmental assessments and
the acquisition of land easements for the pipeline.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
AT THIS STAGE OF THE MEETING, BEING 9.09 AM, MS L MCDERMOTT AND MR R JEWELL FROM THE MARDIMANGROVE
PROJECT, LEFT.
Reports Page 218 26 May 2009
2.5 Sponsorship Towards The Central Coast Waterwatch Program
RESOLVED unanimously on the motion of Councillor Graham and seconded by
Councillor Holstein:
That the matter be referred to the General Managers of Wyong Shire Council and Gosford
City Council to further investigate the sponsorship and subject to them being satisfied in
respect of this investigation the following be authorised:
1 That a $10,000 (plus GST) sponsorship contribution be made towards the
provision of the Central Coast Waterwatch Program for the 2009-10 financial
year.
2 A requirement in providing sponsorship is that the Waterwatch provider shall
submit to the Board an annual report on expenditure and results.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
2.6 Communications Strategy 2009-10
RESOLVED unanimously on the motion of Councillor McFadyen and seconded by
Councillor Maher:
That the Board recommend to the two Councils the adoption and implementation of the
2009-10 Communications Strategy.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
AT THIS STAGE OF THE MEETING, BEING 9.19 AM, MS M BRIEGER, MANAGER COMMUNICATIONS, ENTERED.
Reports Page 219 26 May 2009
2.7 Gosford Wyong Western Transfer Main Swabbing Infrastructure
RESOLVED unanimously on the motion of Mr Wilson and seconded by Mr Yates:
That the Board note the information and recommend to the two Councils the following:
That funding of $1.39m be approved for the design, construction and commissioning of
infrastructure for the cleaning of the Gosford Wyong Western Transfer Main.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
3.0 Information Reports
RESOLVED unanimously on the motion of Councillor Graham and seconded by
Councillor Holstein:
That with the exception of report number 3.1 the Board receive the Information Reports and
note the information.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
3.1 Regular Information Reports
RESOLVED unanimously on the motion of Councillor Maher and seconded by
Councillor McFadyen:
That the Board receive the Regular Information Reports and note the information.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
Reports Page 220 26 May 2009
3.2 Project Report – Mardi Suite of Works
RESOLVED unanimously on the motion of Councillor Maher and seconded by
Councillor McFadyen:
That the Board receive the Project Report – Mardi Suite of Works and note the information.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
3.3 Project Report – Update on Capital Improvement Works
RESOLVED unanimously on the motion of Councillor Maher and seconded by
Councillor McFadyen:
That the Board receive the report on Project Report – Update on Capital Improvement
Works and note the information.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
3.4 Communications Update
RESOLVED unanimously on the motion of Councillor Maher and seconded by
Councillor McFadyen:
That the Board receive the Communications Update report and note the information.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
Reports Page 221 26 May 2009
3.5 Budget and Financial Summary
RESOLVED unanimously on the motion of Councillor Maher and seconded by
Councillor McFadyen:
That the Board receive the Budget and Financial Summary report and note the information.
FOR: CR GRAHAM, CR HOLSTEIN, CR MCFADYEN, CR SYMINGTON, MR WILLIAMS, MR WILSON, MR WISE
AND MR YATES
AGAINST: NIL
4.0 General Business
4.1 Media Release re elevated salinity levels
Greg McDonald, Manager Water and Waste, referred to a media release issued on 19 May
2009 regarding elevated salinity levels in the drinking water supply which advised, in part, as
follows:
· Salinity levels are currently elevated in the Wyong River which has in turn increased
salinity levels within Mardi Dam and in parts of the drinking water system. It is expected
that it will take about four to six weeks for salinity levels to return to normal in the system.
· The drinking water remains within the Australian Drinking Water Guidelines
recommended levels. The NSW Department of Health have advised that the water is safe
to drink and does not pose any health risks.
· While there is no noticeable difference in the drinking water, the Councils are
supplementing the supply with water from the Hunter to accelerate the reduction of
salinity levels within the water mains.
· All turf farmers in the affected area have been contacted directly to notify them of the
current situation and Wyong Shire Council will continue to liaise with these businesses.
THERE BEING NO FURTHER BUSINESS THE MEETING CLOSED AT 9.38 AM.
Reports Page 222 26 May 2009
ATTACHMENT B
Reports Page 223 26 May 2009
Reports Page 224 26 May 2009
ATTACHMENT C
