Hobart City Council plan to limit new short-stay accommodation listings hits snag, minister blamed

A government minister has been blamed for slowing down the Hobart City Council’s plan to limit new short-stay accommodation listings, after he supposedly gave the “wrong” advice.

The Hobart City Council’s plan to limit new short-stay accommodation listings has hit a legal snag, with a government minister copping the blame for the hitch.

The policy, designed to ease the city’s rental crisis, would prohibit whole houses from being converted to short-stay accommodation and apply in most residential areas.

It would not, however, affect existing listings or new single-room listings.

The proposal was voted through by the council in July but still needs to be approved by the Tasmanian Planning Commission (TPC).

It comes after a study by the University of Sydney found that 47 per cent of Hobart Airbnb listings had previously been long-term rentals and that the city was “overloaded” with short-term accommodation.

A draft amendment of the interim planning scheme was due to be considered by the TPC in a hearing set down for November 28.

However, council lawyers have thrown a spanner in the works, writing to the commission last week to say the council had received “wrong” advice from former local government and planning minister Roger Jaensch.

Hobart alderman Marti Zucco, who voted against the reform, said it was “absolutely off the show” that the council had not sought “the proper advice in the first place”.

City of Hobart Councillor Marti Zucco. Picture: Chris Kidd

“And now they’re intending to blame the minister’s office – I think that’s appalling,” he said.

“We’re the ones that have got to go out and make sure that we get our information correct in the first instance.

“We’ve got the council lawyers now saying that the council cannot proceed with it. Well, why didn’t we get this legal advice in the first place?”

Mr Jaensch had suggested the council could seek to amend the interim planning scheme and obtain a Planning Purposes Notice, enabling it to implement its short-stay reforms.

“Having considered this matter, we have advised the council that we consider this advice from the minister was wrong,” Simmons Wolfhagen director local government, environment, planning and development law David Morris wrote in the November 14 letter.

“In the circumstances, a Planning Purposes Notice could not operate to override Planning Directive No. 6 as the Amendment does not relate to ‘local provisions’ of the Scheme.

“We have given advice to the Council, and it is currently investigating our recommendations for an alternate pathway forward.”

The TPC has since written to those who are party to the case, informing them that the draft amendment would no longer be considered and the November 28 hearing would now be a directions hearing.

Deputy Lord Mayor Helen Burnet. Picture: Chris Kidd

Acting Lord Mayor Helen Burnet said the council remained committed to the policy and that the advice from the minister’s office should have been “clear”.

“It would have been better if that information had been clearer from the outset,” she said.

“It takes time to prepare a planning scheme amendment proposal and we just don’t want to lose any more time in relation to finally coming up with a way to curb short-stay accommodation.”

The state government was contacted for comment.

Originally published as Hobart City Council plan to limit new short-stay accommodation listings hits snag, minister blamed