DA approval with council's condition: "not to be used for short term rental".

Does anybody know how much weight council has to restrict you from using your property ofr short term rental accommodation (STRA) (it is a house) when they have given you a DA approval for an extension with the special condition that the construction is not to be used for short term rental?

I have a mortgage to pay and I'd like to take advantage of the 180 days that are permitted in my area to use properties for STRA, however if I go ahead and build my extension on my property it seems that I will not be able to use the property to generate income from STRA.

I also do not understand if the special condition is in reference to only the extensions / additions to house, or if it includes the existing part of the property? The existing part of the property was approved and built around 15 years ago with no conditions. It is only with the DA that the conditions are to appear, however the DA is for additions only, so does that mean I can still use the existing part of the house to earn income from STRA?

A bit technical I guess. Hopefully somebody here can cast some accurate light onto this situation?

Thanks

 

Have you looked at the actual local planning scheme or policies on short term?

 

My understanding is that, as you've suggested, legislation has been brought in for some regions that short term rentals cannot occur for more than 180 days if the owner is not present at the property. If you are there, and renting out just a portion of the house then the 180 day rule does not apply but if you are renting out the whole house it does. Do you have a town planner from when you lodged the da that you can check this with?

Otherwise perhaps clarify if this clause is still current with council once the property is registered for short term accom (see link below)... Perhaps it's a clause that is included as the property isn't registered but will negate once it is.

Short-term rental accommodation