Holiday Home Regulatory Framework Review

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Over time, issues relating to holiday homes have arisen that may not be sufficiently addressed through the current regulatory framework. The City is undertaking a review of the framework and is seeking community and stakeholder feedback, with an aim to work toward more effective regulation of holiday homes.

Background Information

At its meeting of 9 June 2021, Council resolved to support some potential ‘Opportunities for Change’ to the current holiday home regulatory framework, and to consult with landowners, the community and stakeholders about these potential changes.

A Directions Paper has been developed to assist with consultation, and is available for viewing in the document library. This Paper provides a snapshot of how many holiday homes there are in the District currently, and the associated issues. It also outlines how the current regulatory framework was developed, how it has changed over time, the approach taken by other local governments, and some discussion around why the changes are proposed.

The ‘Opportunities for Change’ are intended to provide a discussion starting point. All feedback will be carefully considered, and if there is support for change then the feedback will assist in the development of formal changes to the regulatory framework.

If formal changes are developed then these will be considered by Council in early 2022. A second round of consultation would then occur so that landowners, the community, stakeholders and government agencies can be given further opportunity to comment on any proposed changes.

How can I get involved?

Community and stakeholder engagement and involvement is an important part of the holiday home regulatory framework review process. The review will be advertised for public consultation on 13 August 2021 and written submissions may be lodged until close of business on 4 October 2021. You can access the survey by clicking this link.

Public information sessions, online sessions and staffed information displays will be held within the consultation period.

Public Information Sessions

  • Thursday, 26 August 2021: Undalup Room, City of Busselton Administration Building, Southern Drive, Busselton, 6.00pm - 7.30pm
  • Thursday, 2 September 2021: John Edwards Pavilion (Dunsborough Playing Fields), Dunsborough Lakes Drive, Dunsborough, 6.00pm – 7.30pm

Please RSVP to these sessions by clicking on one of the links above. Covid-19 restrictions MAY result in a limited number of spaces, and further sessions will be scheduled if necessary.

Online Public Information Sessions

For those who are unable to attend in person, online public information sessions will be held via Zoom:

If you wish to attend an online information session, please register your interest by clicking on one of the links above.

Staffed Information Displays

Staffed information displays will be available to the public on:

  • Thursday, 26 August 2021: Busselton Central Shopping Centre, 11.30am – 2.30pm
  • Thursday, 2 September 2021: Dunsborough Centrepoint Shopping Centre, 12.30pm – 3.30pm

Permanent, unstaffed information displays will be also available to the public, for the duration on the consultation period, at the City of Busselton Administration Building and the Naturaliste Community Centre.

How are the ‘Opportunities for Change’ different to the current rules?

The following is a comparison between the ideas for change that have been adopted by Council, called ‘Opportunities for Change’, and the current rules.

OPPORTUNITYCURRENT RULES
Opportunity 1
Introduce areas in the Residential zone where holiday homes may not be permitted (refer to ‘Potential Exclusion Areas’ maps).Currently there are no restrictions on holiday homes in different areas of the Residential zone.
Opportunity 2

Change the rules applying to how many occupants can stay in a holiday home in the Residential zone:

  1. No more than four occupants in an apartment.
  2. In units, no more than four occupants for lots less than 260m².
  3. In free-standing houses, no more than:

3a. 10 occupants for lots greater than 350m²; or

3b. 7 occupants for lots 260m² - 350m²; or

3c. 4 occupants for lots less than 260m².

Currently, six occupants may be approved to stay in an apartment or unit, provided there is 350m² available for exclusive use by guests, and there are enough bathrooms, toilets and car parking bays.

For free-standing houses, an application may be made for 12 occupants on lots greater than 350m², provided that bedrooms are large enough, and there are enough bathrooms, toilets and car parking bays.

Holiday homes may be approved on smaller lots if the City is satisfied that the approval is not likely to have a significant impact on the amenity of adjoining and nearby residents.
Opportunity 3

Change the requirements and expectations for managers, by:

  1. Reducing the amount of time in which a manager must respond to any contact relating to a holiday home, from 24 hours to 12 hours.
  2. Requiring managers to live within a 30 minute travel time from the holiday home.
  3. Requiring that the contact details of the manager be displayed on a sign that can be seen from the street, so that the manager can be contacted directly if there is a reason to lodge a complaint.
  4. Requiring that the manager must resolve complaints and ensure that occupants follow the correct rules (e.g. not too many occupants, cars parked within the property boundary, not cause a nuisance to neighbours etc).

Currently, managers must respond “within a reasonable time or in any event within 24 hours” to any complaints.

A manager could live anywhere – either within or outside of the District.

Some holiday homes do have signs but many don’t, and they are not required to. If contact details are displayed on a sign, they might not be for a manager who has responsibility for looking after the property.

If there is no sign with contact details, complaints are lodged with the City. The City will then contact the manager to make them aware of the complaint, and require that it be resolved if necessary.
Opportunity 4
Introduce a code of conduct for the management of the behaviour of occupants and their guests. The manager would be responsible for enforcing the code of conduct. This would include the display of the code of conduct in the holiday home, and acknowledgement by the occupants that they are aware of it and the rules that they must abide by.Currently, if an occupant breaches a condition of registration (e.g., more than the approved number of occupants), then the manager must, within 24 hours of being given notice of the breach, ensure that the occupant’s tenancy is terminated and they leave the holiday home.
Opportunity 5
Require that dogs must not be left unattended at holiday homes.Currently, if dogs are permitted at a holiday home then they may be left there, unattended and for any period of time.

For more detailed information on each Opportunity for Change, please click here to download the Directions Paper.

Over time, issues relating to holiday homes have arisen that may not be sufficiently addressed through the current regulatory framework. The City is undertaking a review of the framework and is seeking community and stakeholder feedback, with an aim to work toward more effective regulation of holiday homes.

Background Information

At its meeting of 9 June 2021, Council resolved to support some potential ‘Opportunities for Change’ to the current holiday home regulatory framework, and to consult with landowners, the community and stakeholders about these potential changes.

A Directions Paper has been developed to assist with consultation, and is available for viewing in the document library. This Paper provides a snapshot of how many holiday homes there are in the District currently, and the associated issues. It also outlines how the current regulatory framework was developed, how it has changed over time, the approach taken by other local governments, and some discussion around why the changes are proposed.

The ‘Opportunities for Change’ are intended to provide a discussion starting point. All feedback will be carefully considered, and if there is support for change then the feedback will assist in the development of formal changes to the regulatory framework.

If formal changes are developed then these will be considered by Council in early 2022. A second round of consultation would then occur so that landowners, the community, stakeholders and government agencies can be given further opportunity to comment on any proposed changes.

How can I get involved?

Community and stakeholder engagement and involvement is an important part of the holiday home regulatory framework review process. The review will be advertised for public consultation on 13 August 2021 and written submissions may be lodged until close of business on 4 October 2021. You can access the survey by clicking this link.

Public information sessions, online sessions and staffed information displays will be held within the consultation period.

Public Information Sessions

  • Thursday, 26 August 2021: Undalup Room, City of Busselton Administration Building, Southern Drive, Busselton, 6.00pm - 7.30pm
  • Thursday, 2 September 2021: John Edwards Pavilion (Dunsborough Playing Fields), Dunsborough Lakes Drive, Dunsborough, 6.00pm – 7.30pm

Please RSVP to these sessions by clicking on one of the links above. Covid-19 restrictions MAY result in a limited number of spaces, and further sessions will be scheduled if necessary.

Online Public Information Sessions

For those who are unable to attend in person, online public information sessions will be held via Zoom:

If you wish to attend an online information session, please register your interest by clicking on one of the links above.

Staffed Information Displays

Staffed information displays will be available to the public on:

  • Thursday, 26 August 2021: Busselton Central Shopping Centre, 11.30am – 2.30pm
  • Thursday, 2 September 2021: Dunsborough Centrepoint Shopping Centre, 12.30pm – 3.30pm

Permanent, unstaffed information displays will be also available to the public, for the duration on the consultation period, at the City of Busselton Administration Building and the Naturaliste Community Centre.

How are the ‘Opportunities for Change’ different to the current rules?

The following is a comparison between the ideas for change that have been adopted by Council, called ‘Opportunities for Change’, and the current rules.

OPPORTUNITYCURRENT RULES
Opportunity 1
Introduce areas in the Residential zone where holiday homes may not be permitted (refer to ‘Potential Exclusion Areas’ maps).Currently there are no restrictions on holiday homes in different areas of the Residential zone.
Opportunity 2

Change the rules applying to how many occupants can stay in a holiday home in the Residential zone:

  1. No more than four occupants in an apartment.
  2. In units, no more than four occupants for lots less than 260m².
  3. In free-standing houses, no more than:

3a. 10 occupants for lots greater than 350m²; or

3b. 7 occupants for lots 260m² - 350m²; or

3c. 4 occupants for lots less than 260m².

Currently, six occupants may be approved to stay in an apartment or unit, provided there is 350m² available for exclusive use by guests, and there are enough bathrooms, toilets and car parking bays.

For free-standing houses, an application may be made for 12 occupants on lots greater than 350m², provided that bedrooms are large enough, and there are enough bathrooms, toilets and car parking bays.

Holiday homes may be approved on smaller lots if the City is satisfied that the approval is not likely to have a significant impact on the amenity of adjoining and nearby residents.
Opportunity 3

Change the requirements and expectations for managers, by:

  1. Reducing the amount of time in which a manager must respond to any contact relating to a holiday home, from 24 hours to 12 hours.
  2. Requiring managers to live within a 30 minute travel time from the holiday home.
  3. Requiring that the contact details of the manager be displayed on a sign that can be seen from the street, so that the manager can be contacted directly if there is a reason to lodge a complaint.
  4. Requiring that the manager must resolve complaints and ensure that occupants follow the correct rules (e.g. not too many occupants, cars parked within the property boundary, not cause a nuisance to neighbours etc).

Currently, managers must respond “within a reasonable time or in any event within 24 hours” to any complaints.

A manager could live anywhere – either within or outside of the District.

Some holiday homes do have signs but many don’t, and they are not required to. If contact details are displayed on a sign, they might not be for a manager who has responsibility for looking after the property.

If there is no sign with contact details, complaints are lodged with the City. The City will then contact the manager to make them aware of the complaint, and require that it be resolved if necessary.
Opportunity 4
Introduce a code of conduct for the management of the behaviour of occupants and their guests. The manager would be responsible for enforcing the code of conduct. This would include the display of the code of conduct in the holiday home, and acknowledgement by the occupants that they are aware of it and the rules that they must abide by.Currently, if an occupant breaches a condition of registration (e.g., more than the approved number of occupants), then the manager must, within 24 hours of being given notice of the breach, ensure that the occupant’s tenancy is terminated and they leave the holiday home.
Opportunity 5
Require that dogs must not be left unattended at holiday homes.Currently, if dogs are permitted at a holiday home then they may be left there, unattended and for any period of time.

For more detailed information on each Opportunity for Change, please click here to download the Directions Paper.
  • You can access the survey by clicking the link below. 

    It is recommended that this survey be completed on a PC, laptop or tablet so that maps are clearly visible. 

    We also recommend using the following web browsers; Google Chrome, Firefox, Safari and Microsoft Edge. 

    Complete Survey
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Page last updated: 14 September 2021, 18:11