Wayspot Removal - Bed & Breakfast

Wayspot Appeals
1

When submitting a Wayspot Appeal, make sure to include as much of the following information as possible:

  • Wayspot Title: The Exley House: old world charm B&B

  • Location (lat/lon): Lat -31.977895 Long 115.802495

  • City: Nedlands

  • Country: Australia

  • Screenshot of the Rejection Email (do not include your personal information):

  • Additional Information (if any):

Based upon the City of Nedlands planning framework, the property located at 2 Bedford Street, Nedlands, is zoned for residential use - https://perth.wa.gov.au/-/media/Project/COP/COP/COP/Documents-and-Forms/Develop/Documents/Planning-Framework/Planning-Schemes/City-of-Nedlands-Town-Planning-Scheme-No-2/City-of-Nedlands-Town-Planning-Scheme-No-2---Map-Karrakatta-and-Nedlands-Localities.pdf

Exley House operates as a “bed and breakfast” (i.e. short term accommodation) at this address. Two of the three bedrooms are used as rentals with the remainder of the house used by the hosts - refer Bed and Breakfasts - The History of Exley House in Nedlands Western Australia

Whilst a business is operated from this property, the property is still a private residential property by virtue of the fact that the hosts continue to reside there. This wayspot is also not readily accessible with direct access limited to guests and the property owners.

I respectfully request that you review the previous decision not to remove this wayspot.

Thank you

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2

By definition, this is not single-family private residential property (SFPRP).

It isn’t even private residential property, since it is a business, but a key reason it wasn’t removed is that it isn’t SFPRP.

This is not necessary for wayspots, which do not have to be accessible to everyone. They are allowed on business parks, gated communities, places you have to pay to enter etc.

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3

In addition to that not being a requirement, this wayspot looks like can be essily accessed from the sidewalk

4

To be clear, being able to access it from the sidewalk does NOT make something eligible if it is on SFPRP. I agree that this is not SFPRP.

Edited to post clarification:

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5

Thank you for your feedback.

This property is zoned residential AND the hosts continue to reside there. Hosted B&B’s are generally exempt from requiring development approval from the local council provided that the owner lives on site (i.e. their principal place of residence). The presence of a B&B does not override or change the residential property zoning.

There are plenty of instances where people run a business from their home but this doesn’t change the fact that their house still remains a private residential property.

Based upon the previous business website link (as well as the geotagged photo), this property is clearly a residential house (and not part of an apartment complex). The website also refers to a zone within the house that remains for the exclusive use of the hosts

I respectfully disagree with your assertion that a business conducted from a house is adequate justification to disregard that house being treated as single family private residential property.

As a comparison, how would you treat a residential house that is used as an “Air B&B”?

I don’t believe that this a grey area (hence the appeal) but I am more than happy to accept whatever the end decision of the Appeals Team.

Regards

6

Yes you’re absolutely right! I as just pointing it out for this very specific case

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I am very glad you brought this appeal and will be following the decision as well.

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That isn’t what I said. I said that this is a business, not that it is a private residential property from which someone is running a business.

Someone running a business from their home does not make SFPRP eligible to be a wayspot. We agree on that.

A residential house used for airbnb would be SFPRP, because that residence is occupied by a single person/family/group whenever it is used.

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9

Just because something is zoned as residential doesn’t make it ineligible as long as it isn’t single family, as we have established. How can a B&B be single family if it’s designed with common areas and other people staying there in mind?

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10

Thanks for the response.

This property is not part of apartment block or gated community. The entire property is owned by the hosts and not their guests (who are given access to their “own” space at the discretion of the hosts). There is no communal space (or similar) to what you would find in either an apartment block or gated community.

I don’t believe that the configuration of this house or the living arrangements therein between the hosts and their guests have any bearing on whether or not this property is SFPRP. The hosts have chosen to share their living space with their guests.

Besides the residential zoning, the fact that this property is the principal place of residence for the hosts (as required by the local council for them to operate a hosted B&B) should be sufficient evidence that this property is SFPRP.

Regards

11

SFPRP = single-family private residential property. Your evidence at best suggests this as residential property, but not as SF.

12

There’s a lounge, dining room, garden etc.

13

Thanks for the appeal @HinduLoveGods ,

This is primarily a business and as a result, we stand by our decision to not retire the Wayspot.

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Art pieces on residential property where there's also a business open to the public