6.1.41
HOLIDAY ACCOMMODATION IN RESIDENTIAL DWELLINGS
1. Background and Issues
Western Australians have a tradition of holidaying in country areas particularly
coastal towns, often renting private dwellings on a short-term basis.
Additionally, owning a ‘holiday home’ in a country town has been common
place. These ‘holiday homes’ typically become permanently occupied houses
and this accompanies the change from a holiday town to permanent
residential town.
These ‘holiday homes’ have in most cases been available for short-term rental
for other holiday-makers.
More recently, people have been buying second homes in the country in
anticipation of moving to the house for lifestyle, employment or retirement
reasons. Many of these houses are used as holiday homes in the interim by
the owners and as rental properties for short-term holiday accommodation.
This evolution of some of the State’s towns has had a number of economic
and social benefits, for example:
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increased occupancy particularly at weekends;
increased income to the towns;
additional development supporting local industries;
diversification of the social characteristics of the town; and
increased employment.
This activity has occurred probably for more than the past 60 years on a
reasonably significant scale without any obvious problems.
It is only recently that there have been some questions about this activity and
these issues include:
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unfair competition with legitimately zoned operations for tourists;
adverse impacts within residential areas caused by overcrowding of
houses and inappropriate activities of guests; and
inadequate facilities and parking for guests.
While noting the above, Council considers that it is preferable to support the
use of houses for holiday accommodation subject to specific controls as the
benefits outweigh any disbenefits.
Residential dwellings are controlled in terms of use, scale, and many other
factors through the Shire of Manjimup Town Planning Scheme No.2 (TPS2)
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6.1.41 Holiday Accommodation in Residential Dwellings
and the Residential Design Codes of Western Australia, adopted by reference
in the Scheme. The definition of a ‘dwelling’ is:
‘A building or portion of a building being used, adapted or designed or intended to be
used for the purpose of human habitation on a permanent basis by a single person, a
single family, or no more than six persons who do not comprise a single family.’
This Policy recognises that the use for short-term holiday rental is not
consistent with the definition in terms of requiring habitation on a permanent
basis. To overcome this, a new land use category of ‘Holiday Accommodation
in Residential Dwellings’ is introduced and this is treated as a separate land
use by reference to TPS2.
Council considers that dwellings must be designed for the purpose of
permanent habitation and that eventually they will be. However, there are
many periods in the life of a dwelling where it is used for short term
accommodation. Council accepts that it is part of the evolution and growth of
an area that houses are used for holiday rental purposes.
2. Objectives
The objectives of this Policy are to:
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recognise the increasing market demand for holiday accommodation
within the Shire of Manjimup and to provide operators and other
stakeholders with clarity on the issues that Council wishes to address;
encourage a range of short term accommodation in this Shire, subject
to all accommodation meeting Shire planning, environmental health,
building and engineering standards;
encourage Holiday Accommodation in Residential Dwellings in
appropriate zones and locations where the applicant/operator
addresses relevant issues and suitably manages the use on an ongoing basis;
discourage holiday accommodation in areas designated as ‘Priority
Agriculture’ in the Shire of Manjimup Local Planning Strategy, in
industrial areas and in other sites where the proposal will cause
substantive land use conflict;
preclude inappropriate and excessive signage within predominantly
residential areas; and
encourage operators to abide by recognised best practice, relevant
legislation and this policy.
3. Areas of Application
This Policy typically applies to applications for Holiday Accommodation in
Residential Dwellings in the Residential Zone, Special Residential Zone,
Commercial Zone and Rural Zone. The Council will consider applications for
Holiday Accommodation in Residential Dwellings in other zones provided
there is no legal restriction outlined in TPS2 for the Council to approve a
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6.1.41 Holiday Accommodation in Residential Dwellings
dwelling or there are no other legal limitations on the permitted land uses for
the site (such as found in many Special Rural Zones).
4. Links to Town Planning Scheme/Local Planning Strategy
This Policy relates to various requirements set out in TPS2 and guidelines
provided in the Local Planning Strategy and also to the overall principles and
guidelines set out in the Warren-Blackwood Regional Strategy.
The Holiday Accommodation in Residential Dwellings land use does not
neatly fit within current interpretations/definitions of land uses in TPS2. This
includes the definitions for bed and breakfast, chalet, holiday accommodation,
home business and lodging house. It has some characteristics of all of these
definitions, however it is suggested that it is best described as ‘a use not listed
by the scheme’. If this applies, clause 4.5 of TPS2 states:
‘If a particular use or purpose is not mentioned in the list of use classes such use or
purpose shall, unless it is permitted by the subsequent provisions of the Scheme, be
deemed to be prohibited unless approval is granted by an absolute majority of
Council.’
5. Policy Measures
5.1 General
Provided the applicant suitably addresses matters deemed relevant by
Council, the Council will favourably consider planning applications for Holiday
Accommodation in Residential Dwellings. However, should the applicant not
appropriately address matters outlined in this Policy in their planning
application, following a request from the Shire administration, the Council may
refuse the application. Should the operation be approved and is then subject
to written complaint and/or is deemed to be operating inappropriately and
causing off-site impact in the opinion of the Council, the Council will consider
or may rescind the approval or not issue a future planning approval for the
site.
Matters deemed relevant to the Council, for the purpose of administering its
obligations under TPS2 and this Policy include:
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effective on-going management;
appropriate location and compatibility with adjoining/nearby uses;
access and car parking;
health and building requirements;
signage; and
other matters (including public liability insurance).
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Should Council consider the planning application is appropriate and worthy of
conditional planning approval, the Council will typically limit the approval
period for 12 months or until 30 June of the following year. Should the
operation be appropriately designed and managed, in the opinion of Council,
the Council will issue an annual renewable licence to operate which is linked
to the planning approval. This will allow the use of Holiday Accommodation in
Residential Dwellings to continue operating on an on-going basis subject to
the following:
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there is no reasonable planning objection from adjoining/nearby
residents as determined by Council;
the number of visitors/occupants is typically limited to 6 people,
however the Council may approve to a maximum of 10 people provided
the facilities, infrastructure, on-site car parking and associated issues
are appropriately addressed and the proposal complies with the Shire
of Manjimup Health Local Laws including that the premise is then
classified as a ‘lodging house’ (more than 6 people). Some of the
implications of being classified a lodging house are outlined in section
5.5 of the Policy;
the property has been inspected by the relevant Shire officers and it
satisfies health, building, engineering and planning standards and other
considerations including that there is safe vehicle access and parking
available;
the owner accepts responsibility for the behaviour of the visitors and
implements management measures to avoid any adverse impact on
the amenity of the locality;
the landowner accepts that the planning approval and
licence/registration can be withdrawn by Council at any time and must
pay fees set by Council to maintain a current operating licence;
evidence has been provided to show public liability insurance is in
place prior to the commercial use commencing and maintained
subsequent to any renewal; and
the Valuer General is notified by the Shire of the change in use.
5.2 Effective on-going management
The Council considers that the responsibility for appropriate on-going
management rests with the landowner/proponent to ensure that visitors are
responsible and do not create inappropriate impacts, including noise, to
adjoining/nearby properties and the landowner/proponent addresses
appropriate fire management/emergency response plans for visitors in a nonurban environment. Suitable on-going management is, of course, more
difficult if owners live a considerable distance from the application site.
Accordingly, as part of the planning application, the Council will require the
applicant to outline how the site will be managed, especially if the owners do
not live nearby.
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The Council would expect the management statement to address matters
including:
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the amenity of adjoining/nearby land uses;
managing noise impacts of visitors;
outlining how the premises will be managed on a day-to-day basis
(including how keys are easily available for late entry, providing on-site
assistance and confirming arrangements for cleaning/waste
management); and
relevant site specific matters including fire management/emergency
response plans for visitors and managing risks for visitors.
The Council considers that there is a need for local management and this
may include adjoining/nearby landowners, local visitor centres or other
suitable representatives. Where the Council is of the view that there is not
suitable management arrangements put in place, the Council may refuse the
application.
Should it be demonstrated that the establishment is not being appropriately
managed and matters are not quickly rectified, the Council has the power to
rescind the planning approval or to not issue subsequent planning approvals for
the on-going operation of the use.
5.3 Appropriate location and compatibility with adjoining uses
Given Holiday Accommodation in Residential Dwellings could be proposed in a
number of zones and locations, it is not possible to list all issues that will
determine whether the location is appropriate and that it is compatible with
adjoining and nearby uses. Broadly, however, the Council will need to be
satisfied that the:
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application is consistent with TPS2 and the Shire of Manjimup Local
Planning Strategy. For instance, a site in the ‘General Agriculture’ area
will receive favourable consideration if relevant issues are appropriately
addressed; however an application in the ‘Priority Agriculture’ area will
be discouraged and is likely to be refused unless the applicant provides
suitably justification in the opinion of the Council. Applications for
holiday accommodation in an industrial zone will not be supported;
proposal does not detrimentally impact on rural activities in the opinion
of the Council;
proposal is compatible with the management of the Department of
Conservation and Land Management estate and other land managed
by the State Government and the Shire;
site is suitably located to avoid high fire risk areas and there are
suitable means of emergency escape;
the application, if approved, will not cause detrimental natural resource
management or cultural heritage impacts, in the opinion of the Council
(such as impacts on rare flora);
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6.1.41 Holiday Accommodation in Residential Dwellings
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site has suitable legal and practical vehicular access; and
application suitably addresses noise and associated
management impacts.
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Where an application is proposed in a group dwelling, the ‘onus of proof’ is
with the applicant to suitably address amenity and management issues,
including noise, on adjoining/nearby land uses including group dwellings or
dwellings.
Where Council considers that the location is not appropriate or the use is
detrimental to adjoining/nearby land uses, the Council may refuse the
application.
5.4 Access and Car parking
There is a need for the site to have suitable legal and practical vehicular
access in the opinion of the Council. This includes that the access is safe,
there are appropriate sight distances from the driveway to the road system
and the access will not create resource demands on the Council.
On State controlled roads, the application will be referred to Main Roads
Western Australia for their comment.
The Council will require applications, located on roads of State and regional
significance, to be designed in a way that vehicles enter and leave the site in
a forward gear to enhance safety.
For sites that are located on local roads, the Council will encourage vehicles
to enter and leave the site in a forward gear to enhance safety. Where this is
not practical and where the application site has appropriate sight distances, in
the opinion of the Council, the Council will support vehicles reversing onto the
road system.
All applications will need to demonstrate that they can contain their own car
parking requirements on-site and will not to cause detrimental impacts on
adjoining/surrounding areas.
At a minimum, for proposals that accommodate 6 people, it will be necessary
to provide on-site car parking for a minimum of two (2) car parking bays. The
Council will consider ‘tandem’ car parking but only for a maximum of one
vehicle behind another vehicle.
Where the proposal is for more than 6 people, the Council will apply the
requirement of 1 additional car parking bay for each additional 3 occupants.
If the application site is in the urban area, the car parking and associated
crossover are required to be sealed and drained to Council’s satisfaction. The
exceptions are Windy Harbour, given no roads are sealed in the settlement
and where the standard of access/carparking is to be compatible with the
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surrounding, and Quinninup, where the Council will require the crossover to
be sealed, however not require the carparking to be sealed given the larger
size of the lots and recognising the character of the area.
In rural areas, the car parking is permitted to be of gravel standard. Where
the crossover is onto a gravel road, the crossover is to be suitably located and
designed to a gravel standard, however where the crossover is onto a sealed
road, the crossover is to be suitably located, designed and constructed to a
sealed standard.
5.5 Health and Building Requirements
All applications are required to meet all Shire health and building requirements
to the satisfaction of the Shire prior to commencing operation. This includes
addressing a potable water supply (for sites not connected to a reticulated
water supply), ensuring that effluent disposal systems are appropriate and
ensuring smoke alarms and lighting are installed (as per the Building Code of
Australia). Should a residence be considered unsafe or inadequate, the
Council may refuse the application.
Further, following the granting of planning approval from the Council, the
operator is also required to gain a permit from the Shire’s Environmental
Health section before operating and this is required to be renewed annually.
For proposals that gain approval for more than 6 people, the operator needs
to comply with the Shire of Manjimup Health Local Laws given the premise is
then classified as a ‘lodging house’ (more than 6 people). A key implication of
being classified as a lodging house is that a manager/keeper is typically
required to reside in the residence approved for holiday accommodation, or
lives in close visual and physical distance to the holiday accommodation as
deemed appropriate by the Council. Given this, the Council considers that
most proposals for Holiday Accommodation in Residential Dwellings will be for
6 people or less.
5.6 Signage within ‘Residential’ and ‘Special Residential’ zones
In order to maintain character and avoid undesirable visual and pedestrian
impacts on Residential and Special Residential zoned land, Council will not
approve an application for directional signage on Council controlled land (such
as road reserves) for Holiday Accommodation in Residential Dwellings in such
zones. Sign advertising for Holiday Accommodation in Residential Dwellings
is to be limited to that permissible under the Shire of Manjimup Signs Local
Law 2000 and is to be fully contained within the said approved property
boundary.
5.7 Other matters
Applicants/operators are required to ensure they have appropriate public
liability insurance prior to commencing the commercial use.
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Applicants/operators are encouraged to become a member of the local tourist
association and become an Accredited Member of the Tourism Council of
Australia.
6. Administration
6.1 Need for applications
All Holiday Accommodation in Residential Dwellings are to be the subject of a
formal application for Council planning approval and shall be assessed in
accordance with the principles and objectives of this Policy, TPS2 and the
Local Planning Strategy.
6.2 Application requirements
The Council shall, prior to considering the application, require the applicant to
submit an appropriate:
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planning application fee;
site plan;
internal floor plan and elevations;
statement outlining how the land use and future visitors will be
effectively managed; and
undertaking to obtain suitable public liability insurance.
6.3 Procedural requirements
The Council will publicly advertise applications for Holiday Accommodation in
Residential Dwellings for a minimum of 14 days through writing to
adjoining/nearby landowners, ward Councillors, relevant government agencies
and other stakeholders deemed appropriate by the Council.
Given Holiday Accommodation in Residential Dwellings is considered a ‘use
not listed by the scheme’, there is a legal requirement for applications to be
considered by Council and any approval requires an absolute majority of
Council.
6.4 Implementation
It is expected that all applications for Holiday Accommodation in Residential
Dwellings, when approved, will be implemented in full compliance with any
conditions imposed with that planning approval.
7. Future Directions
The Council is reviewing TPS2 and will reconsider this Policy as required to
ensure consistency between the gazetted Town Planning Scheme and the
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adopted Policy. This is anticipated to provide delegation to the Chief
Executive Officer to determine the majority of Holiday Accommodation in
Residential Dwelling applications.
8. Approval Authorisation
Applications are required to be considered by Council as decisions require an
absolute majority, as currently applies under TPS2, and can not be delegated.
ADOPTED 23 FEBRUARY 2006
NEXT DUE FOR REVIEW FEBRUARY 2010
The Administration of this Policy is by Statutory Services Division.
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