Legislative Council, Tuesday 18 October 2022

Ms FORREST question to LEADER OF THE GOVERNMENT in the LEGISLATIVE COUNCIL, Mrs HISCUTT

With regard to the well known and concerning housing shortage, what is the Office of Local Government's view on:

(1) the possible introduction of commercial, local government rate on properties listed on booking platforms such as Airbnb and Stayz where the entire property is available for booking; and

(2) statewide limitations on whole homes being made available for bookings on platforms such as Airbnb and Stayz?

ANSWER

(1) Councils enjoy substantial autonomy in the setting of rates, including variable rates, under the Local Government Act 1993. The Local Government (General) Regulations 2015 provide for councils to make variable rates with respect to land use codes published by the Valuer-General on the Land Information System Tasmania (LIST). These codes include residential category R7 Short Stay Visitor Accommodation. The effect of this is that councils may, if they elect, impose variable rates on whole-home visitor accommodation activities.

(2) There are some limited restrictions on whole-home applications for change of use under the Tasmanian Planning Scheme and the remaining Interim Planning Scheme. These include for dwellings on strata titles and dwellings in the Sullivans Cove, Wapping and Battery Point areas where short stay conversions are more prevalent. However, in broad terms, change of use is unconstrained across the state. It is not the role of the Office of Local Government to assess the merit, or otherwise, of additional planning controls for short stay accommodation. The Tasmanian Planning Scheme provides for any planning authority - a council - to make a case to the commission for alternative planning controls in line with the criteria as set out in section 32(4) of the Land Use Planning and Approvals Act 1993. These refer to unique or significant social, economic or environmental circumstances.