Short-Term Accommodation

Planning

The Whitsunday Regional Council Planning Scheme 2017 (the Scheme) has provisions for all types of accommodation and requires the assessment of a proposal to assess if it is in a suitable location, considering potential impacts on the neighbourhood.

The way a short-term accommodation use operates determines the assessment pathway, including:

• Lodging a Development Application for a Material Change of Use (Short-term Accommodation), or
• Seeking Confirmation of Existing Use Rights, or
• Operating as Accepted Development under the Home-based Business provisions.

 Local Laws

Under Council’s Local Laws, running a short-term accommodation property requires a yearly licence. This licence sets out the rules the property must follow - including limits on guest numbers, parking requirements, noise expectations and protecting neighbourhood amenity.

Rates

 Council’s adopted Revenue Statement sets the differential rating categories for all properties including short-term accommodation (transitory accommodation) and other types of Commercial Accommodation including Bed and Breakfasts, Hotels and Caravan Parks each financial year.

This helps ensure that short-term accommodation properties contribute appropriately to the cost of local infrastructure, facilities and services, and supports consistent, equitable treatment of all ratepayers.

Home based business

Where the permanent resident of the dwelling house or unit resides in the dwelling or unit whilst renting part of it out for short-term rental, the use is defined as a Home based business(PDF, 612KB) provided that the function and scale of the short-term rental is subordinate to the primary use of the premises as a private permanent residence.

A Home based business does not require approval from Council in residential zones where complying with all of the following criteria:

• The use is conducted from a dwelling house, within the main dwelling;
• No more than three private bedrooms are used for guest accommodation;
• No more than six guests are accommodated at any one time;
• Guests stay no more than 14 consecutive nights;
• Guests have access to a separate bathroom and toilet facility to the residents; and
• A minimum of one parking space must be provided per guest bedroom.

Where not complying with these requirements, a development application to Council is required.

Note: Please consult the Home based business code(PDF, 2MB) for the acceptable outcomes.

Short-term accommodation

Where the owner/long term tenant of the dwelling or unit does not reside in the dwelling or unit and rents out all or part of the dwelling or unit for short-term rental, typically not exceeding three consecutive months, the use is defined as Short-term accommodation.(PDF, 612KB)

Short-term accommodation requires approval from Council in all zones and in some zones, the application will need to be publicly notified.

Once you have obtained the relevant planning approval, you must apply to Council’s Local Laws team for a Licence before commencing the short-term accommodation or home based business use.

The Licence is an annual approval and is only required while the property is actively being used for short-term accommodation or home based business. As part of this process, Council may inspect the premises. 

View our Short-term Accommodation Education Guide(PDF, 693KB) for more information on licence application requirements and example operational conditions of approval.

View our Short-term Accommodation Local Law Licence applications or contact our local laws team for more information via 1300 972 753 or info@whitsundayrc.qld.gov.au 

Existing use rights

If your property is a Dwelling House or Multi Dwelling Unit and you can demonstrate that it was used for short term accommodation prior to 30 June 2017 you can request Council confirm the existing use rights of the property. Please use the Confirmation of Existing Use Rights Application Form(PDF, 85KB) to make your request with Council.

Planning approval

Should the short term accommodation have commenced after 30 June 2017 or the home based business is not accepted development you are required to obtain a development permit from Council in order to lawfully carry out the use. To obtain a development permit for an assessable Home based business or Short-term accommodation, a development application for a Material Change of Use needs to be lodged with Council electronically, in person, via post or email. The following information is required when making a development application:

• DA Form 1
• Owners consent (if not the owner applying)
• Applicable fees (visit Councils online Fees & Charges register).
• Assessment against applicable codes of the planning scheme; and
• Locality and proposal plans.

Please refer to the short term accommodation fact sheet(PDF, 382KB) for further information.

Additional approvals may be required before a proposed use can lawfully commence. Development permits for building work, operational works (e.g. excavation and filling, placing an advertising device on premises) or plumbing and drainage work may be required.

Other licences, for example a Food and Accommodation Licence may be required. Please contact us to determine if other approval and/or licences are required.

All existing and potential short-term rental providers are encouraged to check with their insurance providers, lease agreements, building classification and body corporate rules in addition to checking and making the appropriate applications with Council.

For further specific information on Home based business or Short-term accommodation contact Development Assessment on 4945 0651 or lodge your enquiry via info@whitsundayrc.qld.gov.au.

We offer easy to use Online Planning Services and FAQ’s and Education Material which enables 24-hour access to planning and development information, including online mapping.