Policy 350.18 short term accommodation

Journalist’s background: Some concerns have been raised with me in relation to the City’s proposed changes to short-term accommodation outlined in the draft policy P350.18. 

Please attribute the following the quotes to City of South Perth Mayor Sue Doherty. 

Please note that this is a draft policy which has not yet been adopted by Council. Please also note that the term ‘short-term accommodation’ applies to a range of land uses defined in the City’s Town Planning Scheme No. 6 (TPS6); including Hotels, Tourist Accommodation and Bed and Breakfasts. How a particular short-term accommodation facility operates will determine which land use category it falls into. 

How the City intends to monitor/ enforce the 90 day cap for short-term rental in any 12 month period? 

The City monitors conditions of approval and responds to complaints relating to planning approvals/matters. This includes enforcing occupancy requirements, as they are identified. 

Is there a cap for the number of occupants allowed at a premise under ‘short-term’ land use at any one time? If so, again how will that be enforced/ monitored? 

 The draft policy does not (and cannot) address this matter. The occupancy limit depends on the approved land use as defined by TPS6. The policy does not affect these pre-existing definitions or any limits contained in the definitions. 

If the terms of a submitted Management Plan are found to be breeched, what is the City’s course of action? 

 The City will take compliance action to enforce the Management Plan. The City is able to pursue legal action if the operator fails to comply with the direction of the City to comply with a Management Plan. Policy 350.18.docx PAGE 2 

Does the Management Plan require a set and specific check list of documentation to be supplied before consideration for all applications or will each case be variable in what is required to be supplied? 

There is no set list of documents/requirements given the variability of each land use (ie, hotels operate differently to bed and breakfasts) – however the Management Plan should address, at the very least, the list of matters in clause 3.0(a) of the draft policy. 

Is an applicant required to submit a Management Plan only once? 

Yes, and then the Management Plan forms part of the planning approval. 

Will Management Plans be re-assessed after a determined period i.e. 12 months? 

 No, the approved Management Plan is in place for the life of the approval. 

Will consultation from adjoining properties to that of an applicant be sought as part of the assessment process? 

Where a land use class requires public consultation under TPS6, or the City’s P301 Community Engagement in Planning Proposals, consultation will occur prior to a decision being made. 

The policy states “The City will generally not support proposals located more than 800 metres walking distance from a site, feature or area considered to be of tourism significance, or located in isolated locations such as cul-de-sac streets or in rear grouped dwellings,” however this implies an exception can be made. What criteria will those exceptions be judged on considering the policy’s aims to facilitate economic growth from the tourism sector? 

 It should be noted that local planning policies do not bind Council. Provisions such as that cited are intended to allow the City to consider proposals with characteristics not anticipated in the drafting of the policy. Each proposal not meeting the policy criteria will be assessed on their individual circumstances and merits at the time of making the decision, in particular the suitability of the proposed short term accommodation use in the location and impacts on the surrounding locality. 

Has the City based its draft policy off that which is similar in another local government/ council? 

 No, the draft policy has been prepared to align the City’s policy framework, including two existing planning policies (P312 Serviced Apartments and P350.15 Bed and Breakfast Accommodation) with the definitions provided in the Model Provisions for Local Planning Schemes contained in the Planning and Development (Local Planning Schemes) Regulations, 2015.

What land zoning does the policy apply i.e. R15, R25, etc.? 
The policy provisions would apply to all zones where short-term accommodation uses are identified as discretionary, or permitted uses in Table 1 of the City’s Town Planning Scheme No. 6. Land uses such as Bed and Breakfasts can occur across all zones (including the Residential zone), while Hotels are only possible in specific Commercial zones.