Changes to holiday rental planning regulations
Published on 16 December 2022
The Shire would like to advise of an impending change to the legislation affecting Holiday Houses, which will allow for un-hosted short-stay accommodation with conditions.
Under the current Shire of Broome planning framework, Holiday Houses are classified as ‘X’ or prohibited land uses within the Residential, Rural Residential and Rural Small Holdings zones.
This means the use is not permitted on the property, and if an application for planning approval was submitted, it would be refused.
At the Ordinary Meeting of Council held on May 26, 2022, Council resolved to adopt Local Planning Scheme No. 7 (LPS7), which is now awaiting final approval from the Western Australian Planning Commission (WAPC) and the Minister for Planning.
LPS7 proposes to designate a ‘Holiday House’ land use as a ‘D’ or discretionary land use within these zones.
On formal adoption of LPS7, the designation as a discretionary use will allow the Shire to grant planning approval of a Development Application for a ‘Holiday House’, subject to a proposal demonstrating compliance with the Shire’s Local Planning Policy on Holiday Houses, which was adopted by the Shire at its Ordinary Meeting of Council held on June 30, 2022.
Approval required
Once LPS7 has been formally adopted by the WAPC and the Minister for Planning, Shire Officers would like to encourage all current and future Holiday House operators to submit an application for Planning Approval to ensure the use of the property is lawful.Failure to do so may result in the Shire initiating compliance proceedings under the provisions of the Planning and Development Act 2005.
The maximum penalty that could apply under the Act is $200,000 and in the case of a continuing offence, a further fine of up to $25,000 for each day during which the offence continues.
Differential rates
As part of the process to regulate Holiday Houses, the Shire will seek to apply differential rates according to land uses (i.e. approved Holiday House land uses).
This will mean that these land uses will be subject to a higher rate in the dollar moving from rating category GRV Residential to GRV Tourism.
Applying higher rates to approved Holiday Houses is considered to be appropriate as the level of service provided by the Shire to Holiday Houses will be higher than the services provided to standard residential properties.
For more information, please don’t hesitate to contact the Shire at Shire@broome.wa.gov.au or on 9191 3456.