Tourist and Visitor Accommodation and Clause 2.8 (Temporary Use of Land) Review

Council has received representations from the community regarding Clause 2.8 (Temporary use of land) of Shoalhaven Local Environmental Plan (LEP) 2014 and the tourist and visitor accommodation controls within both the LEP and Shoalhaven Development Control Plan (DCP) 2014. In response to this Council has resolved to review both Clause 2.8 and the tourist and visitor controls.

As a part of this review Council is undertaking consultation with the community and development/tourism industry members to gain feedback on the operation of Clause 2.8 and the tourist and visitor accommodation controls. The results of this consultation will be reported to Council who will decide if any amendments are needed to either the LEP or DCP and if so the nature of these amendments.

Council has not made a decision whether or not to support any amendments to Clause 2.8 or the tourist & visitor accommodation controls within the LEP at this point in time.

Clause 2.8 (Temporary Use of Land) – Shoalhaven LEP 2014

Clause 2.8 is a provision in the Shoalhaven Local Environmental Plan 2014 (LEP) which allows Council to grant development consent for any purpose (of a temporary nature) in any zone. It applies despite any other restrictions in the LEP, meaning Council can grant development consent for a prohibited use if it meets the development standards in Clause 2.8.

Under Clause 2.8 approved temporary uses can only operate for a maximum period of 52 days (consecutive or non-consecutive) in any 12-month period. The consent authority must not grant development consent for a temporary use unless it is satisfied that the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood.

The current Clause 2.8 does not provide clarity or certainty regarding whether a temporary use development application will be approved, or not. The subjective nature of the word ‘adverse’, has created confusion regarding the development standards for a temporary development, with no criteria to define what an ‘adverse impact’ is.

In response to this Council’s review of Clause 2.8 seeks to determine how Clause 2.8 is currently utilised and whether it should be amended, or additional provisions considered to address the identified issues.

Refer to Clause 2.8 (Temporary use of land) Planning Review Fact Sheet and the November 2019 Information Session Presentation for more information.

Tourist and Visitor Accommodation

The Shoalhaven Local Environmental Plan 2014 (LEP) and Shoalhaven Development Control Plan 2014 (DCP) includes a number of provisions relating to tourist and visitor accommodation.

Council has received representations from the community and industry regarding the operation of some of these provisions, and how certain land uses such as tourist cabins and other emerging tourist uses, such as ‘glamping’/glass tents, tiny homes, pop up canvas tents, plastic igloos, etc are considered.

In response to this, Council resolved in March 2019 to:

Investigate the scope of a possible Planning Proposal regarding tourist & visitor accommodation, carry out initial consultation with relevant stakeholders, report back to Council, and prepare an amendment to Chapter G15: Tourist and Visitor Accommodation of the DCP.

Refer to the Tourist and Visitor Accommodation Planning Review Fact Sheet and the November 2019 Information Session Presentation for more information.

Community Feedback

A questionnaire has been prepared to gain feedback in relation to Clause 2.8 and tourist and visitor accommodation reviews. To ensure we capture everyone’s initial input, we ask you to complete and submit the below questionnaires before Friday 13 December 2019.

Council has received representations from the community regarding Clause 2.8 (Temporary use of land) of Shoalhaven Local Environmental Plan (LEP) 2014 and the tourist and visitor accommodation controls within both the LEP and Shoalhaven Development Control Plan (DCP) 2014. In response to this Council has resolved to review both Clause 2.8 and the tourist and visitor controls.

As a part of this review Council is undertaking consultation with the community and development/tourism industry members to gain feedback on the operation of Clause 2.8 and the tourist and visitor accommodation controls. The results of this consultation will be reported to Council who will decide if any amendments are needed to either the LEP or DCP and if so the nature of these amendments.

Council has not made a decision whether or not to support any amendments to Clause 2.8 or the tourist & visitor accommodation controls within the LEP at this point in time.

Clause 2.8 (Temporary Use of Land) – Shoalhaven LEP 2014

Clause 2.8 is a provision in the Shoalhaven Local Environmental Plan 2014 (LEP) which allows Council to grant development consent for any purpose (of a temporary nature) in any zone. It applies despite any other restrictions in the LEP, meaning Council can grant development consent for a prohibited use if it meets the development standards in Clause 2.8.

Under Clause 2.8 approved temporary uses can only operate for a maximum period of 52 days (consecutive or non-consecutive) in any 12-month period. The consent authority must not grant development consent for a temporary use unless it is satisfied that the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood.

The current Clause 2.8 does not provide clarity or certainty regarding whether a temporary use development application will be approved, or not. The subjective nature of the word ‘adverse’, has created confusion regarding the development standards for a temporary development, with no criteria to define what an ‘adverse impact’ is.

In response to this Council’s review of Clause 2.8 seeks to determine how Clause 2.8 is currently utilised and whether it should be amended, or additional provisions considered to address the identified issues.

Refer to Clause 2.8 (Temporary use of land) Planning Review Fact Sheet and the November 2019 Information Session Presentation for more information.

Tourist and Visitor Accommodation

The Shoalhaven Local Environmental Plan 2014 (LEP) and Shoalhaven Development Control Plan 2014 (DCP) includes a number of provisions relating to tourist and visitor accommodation.

Council has received representations from the community and industry regarding the operation of some of these provisions, and how certain land uses such as tourist cabins and other emerging tourist uses, such as ‘glamping’/glass tents, tiny homes, pop up canvas tents, plastic igloos, etc are considered.

In response to this, Council resolved in March 2019 to:

Investigate the scope of a possible Planning Proposal regarding tourist & visitor accommodation, carry out initial consultation with relevant stakeholders, report back to Council, and prepare an amendment to Chapter G15: Tourist and Visitor Accommodation of the DCP.

Refer to the Tourist and Visitor Accommodation Planning Review Fact Sheet and the November 2019 Information Session Presentation for more information.

Community Feedback

A questionnaire has been prepared to gain feedback in relation to Clause 2.8 and tourist and visitor accommodation reviews. To ensure we capture everyone’s initial input, we ask you to complete and submit the below questionnaires before Friday 13 December 2019.

Tourism and Visitor Accommodation Questionnaire

Tourist and Visitor Accommodation Questionnaire

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Bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where- (a) meals are provided for guests only, and (b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and (c) dormitory-style accommodation is not provided. Farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.
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Eco-tourist facility means a building or place that— (a) provides temporary or short-term accommodation to visitors on a commercial basis, and (b) is located in or adjacent to an area with special ecological or cultural features, and (c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact. It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
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