Short Term Rental Accommodation (STRA) 

Are you planning to operate short-term accommodation in the Town (e.g. Airbnb, Stayz)? 

The State Government has recently announced changes to the planning requirements for Short Term Rental Accommodation (STRA). The changes provide greater consistency and certainty about whether a planning approval is needed for STRA proposals. The regulations also introduce a consistent set of definitions for STRA to be used within all local government planning schemes in Western Australia, to ensure that STRA is treated as a specific type of land use, distinct from 'traditional accommodation' such as hotels, motels and serviced apartments. 

Go to Short-Term Rental Accommodation Planning Regulations for further information on the State- wide planning regulations and the Short Term Rental Accommodation register.

Short Term Rental Accommodation (STRA)  

  • Hosted short-term rental accommodation - where the host lives on the property during the short-term stay. 
  • Unhosted short-term rental accommodation - where guests have exclusive use of an entire dwelling, for example a whole house, villa or apartment.

Note - Full definitions of hosted short-term rental accommodation and unhosted short-term rental accommodation are contained within Planning and Development (Local Planning Schemes) Regulations 2015.

Development approval is not required for the following 

  • the use of a dwelling as hosted short-term rental accommodation. However, it is important to note that hosted STRA still requires registration.                                
  • the use of a dwelling as unhosted short-term rental accommodation if the dwelling is — 

If the proposed Unhosted Short Term Rental Accommodation (STRA) does not meet the exemption criteria (e.g. Unhosted STRA operating for over 90 nights within a 12-month period), then an ‘Application for Development Approval’ is required to submitted and determined by the Town of Victoria Park.  

Development Approval Process 

Where a Development Application is required for a 90 night plus Unhosted Short Term Rental Accommodation (STRA), the Council’s Local Planning Policy 31 - Unhosted Short-Term Rental Accommodation and Residential Building applies. 

Local Planning Policy 31 - Unhosted Short-Term Rental Accommodation and Residential Building

Application Form for Development Approval

Commercial Checklist

      Why Do We Need This Policy?

      Due to its proximity to the Perth CBD, Curtin University, Perth Airport and the Swan River, as well as the range of commercial, retail and educational opportunities within the Town, there has been growing demand for more diverse forms of accommodation in recent years. It is important to ensure the provision of short-term accommodation contributes positively to the Town and its residents. This policy allows the Town to assess proposals for short-term accommodation to ensure they are suitably located and managed to minimise potential amenity impacts on surrounding areas, while maximising their convenience and suitability for potential visitors.  

      What Are the Different Types of Short-Term Accommodation Covered by the Policy?

      Different types of short-term accommodation are classified according to their use and management as follows: 

      Hosted Short-Term Rental Accommodation  

      As defined in the Planning and Development (Local Planning Schemes) Regulations 2015 means any of the following —

      Short-term rental accommodation where the owner or occupier, or an agent of the owner or occupier who ordinarily resides at the dwelling, resides at the same dwelling during the short-term rental arrangement;

      Short-term rental accommodation that is an ancillary dwelling where the owner or occupier, or an agent of the owner or occupier who ordinarily resides at the other dwelling on the same lot, resides at that other dwelling during the short-term rental arrangement;

      Short-term rental accommodation that is a dwelling on the same lot as an ancillary dwelling where the owner or occupier, or an agent of the owner or occupier who ordinarily resides at the dwelling, resides at the ancillary dwelling during the short-term rental arrangement;

        House Swapping and House Sitting

        a mutual arrangement made between owners of separate properties to ‘swap’ homes for a temporary period and is often for holiday accommodation purposes. House swapping is commonly organised through specialised websites. Housesitting is a mutual arrangement whereby a person stays and cares for a property whilst the owner is away. Housesitting can be a commercial or non-commercial form of accommodation and is commonly arranged through specialised websites.

        Lodger and Boarders 

        a lodging house is defined under the Health Act 1911 as any building or structure, permanent or otherwise, and any part thereof, in which provision is made for lodging or boarding more than six persons, exclusive of the reward, not including the family or the keeper of the house. Common boarding arrangements include backpacker hostels, crisis accommodation, and student accommodation services. The Health Act 1911 requires boarding or lodging houses to be registered with a local government who may establish additional local laws for premises.

         

        Lodger and Boarders 

        as defined in the Residential Design Codes: Volume 1 means –

        a building or portion of building, together with rooms and outbuildings separate from such building but incidental thereto such building being used or intended, adapted or designed to be used for the purpose of human habitation:

        • temporarily by two or more persons; or
        • permanently by seven or more persons, who do not comprise of a single family, but does not include a hospital or sanitorium, a prison, a hotel, a motel or residential

        Residential Building  

        as defined in the Residential Design Codes: Volume 1 means –

        a building or portion of building, together with rooms and outbuildings separate from such building but incidental thereto such building being used or intended, adapted or designed to be used for the purpose of human habitation:

        • temporarily by two or more persons; or
        • permanently by seven or more persons, who do not comprise of a single family, but does not include a hospital or sanitorium, a prison, a hotel, a motel or residential.

        Unhosted Short-Term Rental Accommodation

        As defined in the Planning and Development (Local Planning Schemes) Regulations 2015 means — as defined in the Planning and Development (Local Planning Schemes) Regulations 2015 means an arrangement under which —

        • a dwelling, or part of a dwelling, is provided for occupation by a person; and
        • the person occupies the dwelling, or part of the dwelling, for a period or periods not exceeding a total of 3 months in any 12-month period

        Do I Need Approval From the Town to Operate Short-Term Accommodation?

        Refer to DPLH key steps flow chat for Obtaining development approval and registration located on the Planning Online website.

        What If I Already Have Valid Development Approval For Short-Term Accommodation?

        Existing valid development approvals (DAs) for a Short Term Accommodation continue to apply, and you can enter the applicable approval number as part of the registration process.

        In some cases, the conditions of a DA may include a time limit (for example, the approval is valid for 12 month). If your DA expires, it will be necessary to obtain a new approval.

        If you are unsure about the validity of your existing DA or would like to obtain a copy of a previous approval, please contact a Duty Planning Officer. 

          Where Can Short-Term Accommodation Be Located in the Town?

          Council will only support short-term accommodation where they are able to satisfy at least two of the following criteria: 

          1. Properties located north of Great Eastern Highway, west of Graham Farmer Freeway and east of and south of the Derbal Yerrigan (Swan River)

          2. Properties located north of Burswood Road, south of Great Eastern Highway and east of Shepperton Road

          3. Properties located north of Washington Street, west of Canning Highway south of Shepperton Road and east of Kent/Miller Street

          Note - The above locational criteria is only applicable where development approval is required.   

          Please note: a revised version of the Town's Local Planning Policy which sets out the preferred locations for Short Term Rental Accommodation is currently being considered. For further information, please refer to Your Thoughts consultation page.

                      Do I Need to Provide Parking for My Proposal?

                      All resident, guest, staff or visitor car parking associated with the accommodation must be contained on site. Parking of vehicles on the street or Council verge areas is not permitted.  

                      Management of car parking must be detailed in the Management Plan submitted with the application.  

                      Will My Neighbours Be Notified About My Intention to Operate Short-Term Accommodation?

                      Any proposal for short-term accommodation must be advertised in accordance with the Town’s Local Planning Policy 37 - Community Consultation on Planning Proposals. Proposals will be advertised to adjoining properties for a minimum period of 14 days. 

                      For more information, refer to the Town’s Local Planning Policy 37 - Community Consultation on Planning Proposals.  

                      What Information Do I Need to Provide With My Application for Development Approval?

                      Please refer to the Application for Development Approval Checklist - Commercial Developmentto ensure all the required information is submitted as part of your application. 

                      In addition the following information is required to be submitted for short-term accommodation proposals: 

                      • A cover letter outlining the details of the proposal, including but not limited to the following information: 
                      • Suitability of the proposed location for short-term accommodation; 
                      • Justification of how and why the proposal will be compatible with the adjoining area and its consistency with the objectives and provisions of the policy; 
                      • A Management Plan (all proposals) provided detailed information on management of the premises including but not limited to the following: 
                      • Name and contact details of the owner, manager and other persons responsible for management or servicing of the premises, including contact details; 
                      • Measures used to control noise and other disturbances; 
                      • Complaints management procedures; 
                      • Security of guests, residents and visitors; 
                      • Car parking management information; 
                      • House Rules / Code of Conduct for guests. 

                      A Management Plan template is included as an Appendix to Local Planning Policy 31 - Unhosted Short-Term Rental Accommodation and Residential Building 

                      • Servicing Strategy (Serviced Apartments only) detailing the level of servicing of the proposal, including but not limited to the following: 
                      • Opening hours for guest check in/check out; 
                      • Complaints management procedures; 
                      • Type or extent of room service to be offered; 
                      • Company name and relevant experience of management/operator; 
                      • Management and accommodation of servicing vehicles within the context of overall car parking for the development.  

                      Is There Any Other Policy/Legislation I Need to Comply With?

                      Yes, depending on the type of short-term accommodation proposed you may be required to comply with the Building Code of Australia, Strata Titles Act 1985, Health Act 1911 and Town of Victoria Park Health Local Law. Further information on these is provided as an appendix to the Policy. The Town also recommends landowners/operators seek independent legal advice regarding the use and management of short-term accommodation.  

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