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Mosman Council calls for clarity on short-term rentals

06 August 2015

Mosman Council will seek guidance from the NSW Government on the vexed issue of short-term rentals.

After extended debate on the matter at Tuesday night’s Council meeting, Council resolved to continue to investigate complaints about short-term rentals on a case-by-case basis but to take enforcement action only if there is a risk to life.

Council also resolved to write to the NSW Government requesting clearer rules regarding short term rentals that are effective and efficient to enforce by Councils under their Local Environmental Plans.

“Dealing appropriately with short term rentals is a matter that has been exercising the minds of councils across the state and Mosman is no exception,” Mosman Mayor Cr Peter Abelson later said.

“Council will contact the NSW Government and also seek further clarity and support regarding the short term rentals issue at the upcoming Local Government NSW Annual Conference in October.”

Amid the growing popularity of websites advertising short-term rental accommodation, many councils struggle with the issue given the zoning of land and the permissible uses under the state government standard definitions.

Enforcement of restrictions by councils can be expensive as it often requires substantial investigation and evidence to be gathered.

In the case of apartment rentals, owners’ corporations can, where appropriate, commence action against relevant owners through the NSW Civil and Administrative Tribunal (NCAT) for breach of any by-laws which exclude overnight holiday letting.