by By John Rantino
Introduction
With the recognition of, and encouragement for, the use and development of land for a 'small second dwelling' introduced by Amendment VC 253 and amendments to the Building Regulations 2018, a question has arisen as to whether it i.e.. a small second dwelling, can be used for tourist or short term accommodation (of the Airbnb and Stayz type) without the need for a planning permit. If small second dwellings can be used for tourist or short term accommodation without a planning permit, this will presumably encourage their construction in potentially large numbers and lead to the inevitable question, “are small second dwellings the short term accommodation of the future?”.
In this article we examine the extent to which the proposition that a small second dwelling can be used for short term accommodation without a planning permit, is accurate and the implications on a council’s responsible authority and enforcement authority functions in Victoria. In doing so, we examine whether the Victorian Civil and Administrative Tribunal (Tribunal)’s reasoning and commentary in Armato v Hepburn Shire is still ‘good law’.
[full, detailed, and very informative article at https://www.maddocks.com.au/insights/small-second-dwellings]
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