Local Planning Policy 4.1 - Unhosted Short-Term Rental Accommodation (STRA)

Project Overview:
Council at its meeting held on the 11th of December 2024, consented to the advertising of an amendment to City of Busselton Local Planning Scheme No.21 and the Local Planning Policy 4.1 – Holiday Homes (LPP4.1) following amendments made to the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations).

The revised draft LPP4.1 provides guidance for properties seeking development approval for ‘Unhosted Short-Term Rental Accommodation’, previously known as ‘Holiday Homes’. The updated policy aligns with the recent amendments to the Regulations and the newly introduced short-term accommodation framework and has been comprehensively reviewed.

The City is concurrently progressing an amendment to Local Planning Scheme No. 21 to align the scheme with the amendments to the Regulations. The proposed amendment seeks to update the current land use permissibility and remove superfluous provisions, including public advertising requirements.

General Modifications to the LPP4.1:

• High-level objectives added for discretionary proposals

• Terms and definitions updated to align with the Regulations

• Irrelevant clauses removed

• Provisions updated to reflect current local law requirements.

Key Changes:

1. Terminology
The land use definitions "Holiday Home (Single House)" and "Holiday Homes (Multiple/Grouped Dwelling)" have been replaced by the model definition "unhosted short-term rental accommodation" under the revised Regulations.

2. Non-preferred Areas:
Five non-preferred Unhosted STRA areas have been proposed and including Residential and Urban Development zones. These areas aim to manage conflicts with residential areas, housing affordability, and local community impacts.
Please refer to the maps on the right to view where the proposed exclusion areas are.

• Dunsborough East, Dunsborough Lakes and Cape Rise
• Vasse
• Areas of Abbey and Broadwater
• Areas of West Busselton and Busselton
• Country Road Estate, Willow Grove and Yalyalup

3. Strata Consent:
The requirement for written support from majority owners in strata complexes has been removed, as planning approval does not override strata by-laws.

4. Operational Management Plan:
The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) has launched a registration scheme under the Short-Term Rental Accommodation Act 2024, requiring all hosted and unhosted STRA properties to register annually, with mandatory registration starting 1 January 2025.

5. Bushfire Management:
Recent changes to State Planning Policy 3.7 Bushfire (SPP3.7) and the Planning for Bushfire Guidelines (September 2024) mean that unhosted STRA will no longer be required to comply with the Bushfire Framework. However, a Bushfire Emergency Plan (BEP) will be required for all unhosted STRA in bushfire-prone areas. The BEP, which must be prepared by a qualified bushfire practitioner.  

6. Approval Period:
The draft revised LPP4.1 proposes an initial 24-month development approval period for unhosted STRA. The 24-month approval period will help the City monitor compliance with approval conditions and ensure the amenity of neighbouring properties is maintained. After this period, the City will consider issuing a permanent approval taking into consideration on any valid complaints received and any operational changes during the initial 24-month approval period

7. Consultation:

Draft revised LPP4.1 seeks to incorporate the current public advertising provisions of the scheme to clearly set out the City’s requirements to seek comments on development applications for “Holiday Homes (Single Houses)” that accommodate more than nine people and all development applications for "Holiday Homes (Multiple/Grouped Dwellings)".

What's next?
Draft LPP4.1 – Unhosted Short-Term Rental Accommodation will be open for community consultation from 8th January 2025 to 29th January 2025. Community feedback is encouraged.