Holiday rentals at risk from court action

The Byron Shire Council is again trying to stop holiday home rentals.

The council has taken a property owner to the Land & Environment Court seeking to stop them from leasing the property to tourists. The February 2013 test case could affect the whole NSW holiday letting industry, according to Property Observer.

Byron Shire Council is taking Joe Blaney who owns an Ewingsdale property to court to prevent its lease to short-term holidaymakers. The council said the owner was operating a tourist facility without a development consent.

It wants the court to decide whether holiday lettings are covered by the definition of a “tourist facility” and are a business or commercial operation prohibited in residential areas.

Local estate agents said it would not only severely affect property values but would ripple through local economies.

The president of the Holiday Letting Organisation Byron Bay that represents around 600 home owners, John Gudgeon, said it would affect every town on the coast.

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