According to the Sydney Morning Herald article, Judge Rachel Pepper was critical of the council for not being prepared for such a scenario. How this was to be alleviated was "in the hands of the local council". (www.smh.com.au)
Other Local Councils facing similar situations where the vital tourism sector required support to maintain its market share in this huge economic sector, have changing their local provisions to allow short-term rentals to continue.- such as Shoalhaven, Eurobodalla (Batemans Bay – Moruya - Narooma) and Kiama have previously dealt with the same issue.
On the other hand Byron Bay Council has celebrated the ruling as they have had so many complaints from local residents, mostly associated with noise issues, and clamped down on short-term holiday rentals. In a recent Land and Environment Court case the property owner was left with a $50,000 court case bill.
Byron Shire Mayor Simon Richardson was quoted: "Our area has a long-standing issue with holiday letting and trying to find a balance between supporting our tourism economy and protecting resident amenity. However, the issue of holiday letting in our shire has focused on whether a tourist facility, as per the Byron LEP 1988, can be operated in a residential zone, and this is yet to be tested."
What do we have here?
What we have is a dog's breakfast where once again the legislation has failed to keep up with the reality of what's happening on the ground. Local residents, rather than using existing community policing methodologies in regarding to 'excess noise' on particular evenings, are going straight to the courts with a sledge hammer.
The courts in turn, as evidenced in this article, following existing legislation, hammer the hapless resident, the small guy trying to make ends meet, and now we're finding the court is aiming squarely on the Councils for not getting their own house in order in this matter as have other Councils.
Then other Councils are rejoicing with the existing legislation and bringing in a front end loader (as it were) and smashing the small entrepreneur who is involved in continuing the tourism market share for their very own Shire. It's a dog's breakfast.
What else is at stake?
The granny state is now hitting this vital tourism market, perhaps Australia's second industry behind the mining sector, and with the economy the way it is, with Japanese mass tourism no longer calling Australia 'home' (as it were), every little aid to the tourism sector becomes vital.
There are several issues come to the fore:
Two years ago I wrote an article on how Brisbane's tourism accommodation industry was thriving on residents opening up a bedroom or two in their homes for short term rentals. It was proving to be inexpensive accommodation for back-packers and international visiting tourists and a huge success by all concerned. (au.christiantoday.com)
If the granny state scenarios we are witnessing has it sway, this is now in jeopardy.
What of the tried and true swap-home accommodation industry where people from around the world log onto various web sites and for short term visits, exchange their homes. Some years ago a Manchester Baptist couple came to Moruya in such a home exchange and through that link our son was invited to stay with them in Manchester when he initially relocated to England. Thousands are involved in these home exchanges.
If the granny state scenarios we are witnessing has it sway, this is now in jeopardy.
Furthermore, how many times have you enjoyed a change or a break by house sitting for friends or relatives who are away for a period of time, maybe a week and up to three months or more. A relative of ours recently lost her husband to illness and went travelling for two weeks to visit family. Her daughter moved back into the family home to house sit during this period.
If the granny state scenarios we are witnessing has it sway, this too is now in jeopardy.
There you have it
The tourism industry is struggling, the legislation hasn't kept up, each Shire Council does their own thing, some move with the times, others put their heads in the sand, and Judges criticising all concerned when they have to deal with an issue with a military tank when a casual visit by a local shire Ranger would have resolved the "very occasional" noise issue.
Now everything is at stake for tourism in the granny state – short term inexpensive rooms, home exchanges, house sitting. What are we coming to?
But it doesn't end there
The granny state is impeaching on Christian service to the community and it will only take one complaint and intransigent resident and a non-negotiable somebody in a Shire Council position of authority, to have any number of existing services bought to book from the Salvation Army to AngliCare to Baptist Community Services and the rest. .
It's already happened in Boston when the closest church to the bombings set up a cold water table with oranges and bananas to assist everyone. The Wall Street Journal reported that the Minister was being sought out by people in the crowd to talk through their fears and heartache including a fire chief. Then the granny state stepped in. (au.christiantoday.com)
Dr Mark Tronson is a Baptist minister (retired) who served as the Australian cricket team chaplain for 17 years (2000 ret) and established Life After Cricket in 2001. He was recognised by the Olympic Ministry Medal in 2009 presented by Carl Lewis Olympian of the Century. He has written 24 books, and enjoys writing. He is married to Delma, with four adult children and grand-children.
Mark Tronson's archive of articles can be viewed at www.pressserviceinternational.org/mark-tronson.html