ITEM 9.1.9A
CITY OF VINCENT PLANNING AND BUILDING POLICY MANUAL
RESIDENTIAL DEVELOPMENT
POLICY NO: 3.4.5
SHORT TERM ACCOMMODATION
POLICY NO: 3.4.5
SHORT TERM ACCOMMODATION
OBJECTIVES
To:
1)
provide clear policy direction on the requirements for Short Term
Accommodation within the City of Vincent.
2)
ensure a high standard of amenity for long-term residents and the occupants of
Short Term Accommodation through requiring the provision of a Business
Management Plan and Car Parking Management Plan.
3)
state the rights and obligations of the manager/owner offering the Short Term
Accommodation.
4)
ensure properties used for Short Term Accommodation purposes do not have
an undue impact on the residential amenity of the area.
POLICY STATEMENT
1)
DEFINITION
"Short Term Accommodation"
means the provision of accommodation,
lodging or boarding within a residential property for a maximum of six (6)
persons, exclusive of the family of the keeper thereof, for a period less than six
(6) months within any twelve month period.
Examples include, but are not limited to, bed and breakfast establishments,
apartments within residential developments, and whole residential
developments leased or rented for periods less than 6 months.
Note: ‘Keeper’, for the purpose of this Policy, means the owner, or manager of
the property residing at the property for more than six (6) consecutive months.
Note: This Policy does not apply where two or less people, excluding the
family of the keeper, are residing at the property at the same time as the keeper.
Note: 'Ancillary Accommodation' is addressed in the City of Vincent Policy
relating to Ancillary Accommodation and is therefore not subject to the
provisions outlined in this Policy.
Note: The provision of lodging or boarding for more than six (6) persons,
exclusive of the family of the keeper thereof, for hire or reward, may be
considered a Lodging house. ‘Lodging House’ is defined in the City of
Vincent Town Planning Scheme No. 1 and is listed in the City of Vincent
Town Planning Scheme No. 1 Zone Table as a separate use class, and is
therefore not subject to the provisions outlined in this Policy.
Date of Adoption: 10 April 2007
Page 1 of 5
ITEM 9.1.9A
CITY OF VINCENT PLANNING AND BUILDING POLICY MANUAL
RESIDENTIAL DEVELOPMENT
POLICY NO: 3.4.5
SHORT TERM ACCOMMODATION
2)
GENERAL
The City of Vincent is situated approximately three (3) kilometres north of the
Perth Central Business District and is therefore a highly desired area for the
provision of Short Term Accommodation. The City is aware of the trend
towards the diversification of the residential housing market and the increased
tendency to change the use of traditional residential dwellings to Short Term
Accommodation.
Negative impacts sometimes associated with the operation of Short Term
Accommodation include:
•
excessive noise;
•
anti-social behaviour, where behaviour causes, or is likely to cause
harassment, alarm or distress to persons or property;
•
frequent coming and going from the property;
•
a disregard for other occupants of the property and long-term residents in
the locality;
•
sub-standard dwelling and landscape maintenance;
•
inappropriate waste management; and
•
vehicle parking in excess of the on-site parking normally provided for a
dwelling.
This Policy has been designed to ensure the adequate provision of Short Term
Accommodation while safeguarding the amenity of long-term residents within
the City of Vincent.
3)
COMPLIANCE
i)
Planning Approval
All proposals to operate Short Term Accommodation within the City of
Vincent require the submission of a planning application to, and issue
of, Planning Approval by the City of Vincent.
All planning
applications for Short Term Accommodation will be assessed as a
'Change of Use' application.
Short Term Accommodation is not a listed definition in Town Planning
Scheme No.1 and is therefore considered an ‘Unlisted Use’ under the
provisions of Clause 15 of the Scheme.
All planning applications for Short Term Accommodation are required
to follow the “SA” advertising procedures under Clause 37 of the
Scheme.
Management plan documents, other supporting evidence and associated
plans as required by this Policy are to be made available for public
viewing during the community consultation period.
Approval will be subject to annual renewal. Owners/managers are to
update management plans, and supporting evidence where appropriate,
and the proposal is to be re-advertised in accordance with ‘SA’
advertising procedures if a valid complaint has been received during the
previous approval period. Any valid complaints and comments
received will be given due consideration.
Date of Adoption: 10 April 2007
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ITEM 9.1.9A
CITY OF VINCENT PLANNING AND BUILDING POLICY MANUAL
RESIDENTIAL DEVELOPMENT
POLICY NO: 3.4.5
SHORT TERM ACCOMMODATION
ii)
Relationship with other City of Vincent Documents
This Policy should be read in conjunction with all other relevant City of
Vincent Policies.
iii)
Building Code of Australia
Short Term Accommodation may be subject to Building Code of
Australia (BCA) and Australian Standards requirements. If applicable,
the applicant must demonstrate as part of the planning application that
these requirements can be satisfied.
Short Term Accommodation would generally be a Class 1b BCA or a
Class 3 BCA dependent on the number of boarders and the total floor
area. To ensure any risks to safety, health and amenity are
appropriately minimised, a Short Term Accommodation must comply
with all relevant provisions of the BCA, including those specified in
Table 1.
Table 1: Requirements of the Building Code of Australia
BCA Class
Class 1B
Class 3
4)
Classification
Total area of all floors not
exceeding 300 square metres
measured over the enclosing
walls; and
in which not more than 12
persons would ordinarily be
resident, and not located above
or below another building class,
(except private car parking
spaces and garages).
Total area of all floors exceeding
300 square metres measured
over the enclosing walls; and
in which more that 12 persons
would ordinarily be resident.
Requirements
Smoke alarms to be provided in
accordance with AS3786
Multi-storey building.
Fire Detection, warning, control
and intercom systems to be
provided in accordance with
AS1670.
Facilities and access for people
with disabilities to be provided in
accordance with AS 1428.1
Complance
with
all
other
requirements of the Building Code
of Australia and the Australian
Standards.
Submission of an application to and
issue
of
a
Certificate
of
Reclassification by the City of
Vincent which involves inspection.
COMPLAINTS PROCEDURE
Short Term Accommodation is to be operated in accordance with the planning
approval, including the details within the approved management plans for the
subject property.
If a complaint is received alleging a breach of the planning approval, the City
of Vincent’s Officers will investigate in accordance with the City of Vincent’s
Customer Service Charter.
Date of Adoption: 10 April 2007
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ITEM 9.1.9A
CITY OF VINCENT PLANNING AND BUILDING POLICY MANUAL
RESIDENTIAL DEVELOPMENT
POLICY NO: 3.4.5
SHORT TERM ACCOMMODATION
Failure to comply with planning approval may result in legal proceedings being
initiated and the immediate cessation of the Short Term Accommodation
activities.
If the manager/owner of an alleged premises believes a complaint is
unjustified, or disputes classification as a Short Term Accommodation premise,
the manager/owner should provide the City with evidence, such as copies of
current lease agreements or a Statutory Declaration stating that the tenancy
agreement is for a period exceeding six (6) months. If no suitable evidence is
provided, then an application for planning approval is required.
Noise complaints may be dealt with under the noise control provisions
contained in the Environmental Protection Act (Noise Regulations) 1997.
Anti-social behaviour or criminal activity may be dealt with by Police Services
under its relevant statutory powers.
5)
CRITERIA FOR ASSESSMENT OF APPLICATION FOR SHORT
TERM ACCOMMODATION
The following matters will be considered as part of the assessment of Short
Term Accommodation applications:
•
•
•
•
•
does the premises have adequate supervision and a strategy for local
residents to contact the property manager/owner when occupiers
detrimentally affect the local residents’ amenity?
is the physical layout of the property appropriate for Short Term
Accommodation purposes, including the provision of kitchen, water
closet, bathroom and laundry facilities normally associated with a
residential dwelling?
does the premises meet all relevant provisions of the Building Code of
Australia and the Fire and Emergency Services Authority?
if located on a strata titled development, has the applicant provided
evidence that the Strata body approves the proposal, and that appropriate
by-laws will be entered into the strata management statement
acknowledging the land use activity and including the provision for
notification of the land use activity for tenants and/or purchasers of
properties within the strata scheme plan;
has the applicant provided an appropriate Business Management Plan
addressing the following issues:
a)
agreement arrangements between the owner of the property and
the tenants;
b)
control of noise and other disturbances;
c)
complaint management procedure;
d)
security of guests, residents and visitors;
e)
elimination of anti-social behaviour and the potential conflict
between short term residents and long term residents of the area;
f)
compliance with the City of Vincent waste management
requirements; and
g)
an on-going maintenance and servicing strategy to ensure an
adequate standard of health and sanitary facilities, and visual
amenity, while minimising comings and goings from the
property.
Date of Adoption: 10 April 2007
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ITEM 9.1.9A
CITY OF VINCENT PLANNING AND BUILDING POLICY MANUAL
RESIDENTIAL DEVELOPMENT
POLICY NO: 3.4.5
SHORT TERM ACCOMMODATION
•
has the applicant provided an appropriate Car Parking Management Plan
including:
a)
provision of car parking on site in accordance with Table 2; and
b)
a commitment to advising occupiers of the premise, verbally
and in writing, of the negative impact that inappropriate car
parking can have on long term residents. Details are to include
any relevant car parking restrictions applicable to the area in
relation to parking vehicles on surrounding properties and
within the streets, and instructions that parking of vehicles on
the verge is not permitted.
Table 2:
Car Parking Requirements
Structure of Short
Term
Accommodation
Studio or Single
bedroom dwelling
Whole dwelling used
as
short
term
accommodation
Dwelling occupied
by the keeper and
keeper’s
family
simultaneously as the
short
term
accommodation
occupants (e.g. bed
and breakfast)
Number
Beds
Maximum 2
Variable
Variable
of Number of Car Bays
Required to be Provided
On Site.
1
1 space per bedroom or 1
space per 3 beds provided,
whichever is the greater.
2 spaces for keeper’s
family, plus 1 space per
bedroom or 1 space per 3
beds provided for short
term
accommodation
whichever is the greater.
NB. ‘bed’ relates to bed space per person, ie a double bed would equate to 2 beds
Additional information may be required by the City of Vincent at its discretion.
6)
EXISTING SHORT TERM ACCOMMODATION PREMISES WITHIN
THE CITY OF VINCENT
At the time of adoption of this Policy, a number of Short Term
Accommodation premises currently operate within the City of Vincent. It is
the view of the City of Vincent that these premises should be permitted to
continue operation provided they do not generate complaints from long term
residents of the area.
Should the City receive a justified complaint about the operation of existing
Short Term Accommodation premises, the property owner will be required to
submit an application for planning approval that satisfies all the requirements
of this Policy.
Failure to comply with this requirement may result in legal proceedings being
initiated and the immediate cessation of the Short Term Accommodation
activities.
Date of Adoption: 10 April 2007
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