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We have recently seen increased holiday letting activity in our Canberra apartment block – zoned residential with commercial short-sterm lets specifically forbidden in this area – and asked our strata managers what we could do about it. This is their reply:
We have investigated and can confirm that, as [the apartment block] sits within a ‘Residential Area’ in the National Capital Plan, this area is permitted to be used for ‘Residential’ and ‘Home Business’ only.
As AirBnB and other short-term rental companies, would likely be considered ‘Commercial Accommodation’, it would appear that the use of Units … for this use is prohibited.
Whilst this would appear to be a clear breach of these rules, we have also confirmed that there is no Body within the National Capital Plan capable of enforcing these rules.
This means that, whilst notices can be issued to owners and residents … we would not be able to enforce any penalties upon those parties responsible for using the units in this matter for a failure to comply with notices.
Can this be correct? The holiday lets are in breach of planning law but no one can enforce that?
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