Sunday, 1 July 2012

Cracking the whip !

Some councils are in the habit of introducing draconian rules that they have no intention of actually implementing.  They are there as some sort of reserve in case a problem develops that needs fixing to keep the ratepayers happy.

Such seems to be the case in Kiama with it's " Short Term Holiday Rental policy. "    Many years ago, when land was cheap and council rates were low, many Sydney people owned a holiday cottage at Kiama.  It seems that one in every five Kiama homes now has an absentee owner and that one thousand five hundred of these dwellings are available for short term holiday rental.

The council has decided to completely bar pets accompanying people on these rental holidays.   This seems to be  an edict that ignores the owners wishes and would prevent family or close friends from taking their pets with them when holidaying with the owners consent.   It seems a strange outlook in an age when health experts praise the benefits that a well loved dog or cat brings to the health of elderly people.

Another embargo concerns the number of people permitted to occupy a rental house.  This is restricted to six adults and opens an interesting can of worms.    Is the council saying that only six people can be on the property at any time, or is more than six permitted if the person renting decides to hold a BBQ for visiting friends ?

Perhaps the rule that will cause the most angst is the requirement that a sign be erected on the fence of each rental property proclaiming it as such and including a phone number which must be contactable on a twenty-four hour basis.   Once again, this ignores the wishes of owners and could result in many unwanted approaches from people wanting to book future rentals.

It seems evident that this is a control measure that the council hopes to be able to invoke in the event of noisy, drunken parties or loud music that disturbs neighbours.    In such instances, control is in the hands of the police, not the owner of the property and council is mixing the reach of administrative control with that of criminal policing.   The police have no duty to count heads and insist on a council by-law being obeyed.   That is a civil matter that council would need to properly channel through the courts.

Home owners in Kiama have the right to object to this policy on the grounds that it is heavy handed and will be offensive to many people.  In particular, many owners will strongly object to their property being branded as a rental property for all to see.   That seems an invasion of personal privacy and an intrusion on each owner's right to keep income sources from becoming public knowledge.

There will be a doubt whether all aspects of this new policy are within council's legal right to enforce !


No comments:

Post a Comment