Thanks JimmyT.
Can one add, it’s inconceivable that local government employees to not understand our legislation or that the ‘burden of proof’ in circumstances such as the illegal short-term tourist/visitor rental of residential homes is asolutely straight forward and uncomplicated: it is based on the ‘balance of probability’ and not that required as ‘criminal proof’ ie, ‘beyond a reasonable doubt’.
All the available evidence, such as availability calendars that are clearly viewed on booking platforms, real estate agents’ booking calendars that can be freely subpoenaed, advertising signage, affidavits from neighbours, photographs, copies of reviews, etc, is more than enough evidence to proved that a change of use has occurred when an apartment is operating in breach of zoning as a short-term rental.
Is it a case that all Council Staff across NSW are so profoundly incompetent, or is this a sign of collusion between those working within councils and the short-term rental platforms.
We should all contact the Ombudsman. Now.