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Byron Shire
March 25, 2023

Sth Golden Beach owner fined over illegal extension

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The homeowner of a South Golden Beach property, along with her daughter, have been fined a whopping $9000 over an unapproved house extension.

Byron Shire Council submitted to the Mullumbimby Local Court last Thursday that the property owner did not comply with an order to cease use of the downstairs area for habitation.

The court dismissed the defendants’ argument that they did not have to submit to the jurisdiction of the court, or council because only God could tell them what to do.

Council’s governance manager Ralph James said that despite several requests from Council, the property owner had not taken any reasonable steps over the past two years to get the downstairs development approved or cease use of the area.

‘Of concern was the fact that the house was located in an area that is subject to flooding.’

Mr James said the property owners failed to appear in court in December last year and the matter was stood over to January 12, 2012.

He said the defendants did not attend court again last week, however they submitted the written argument.

Mr James said the council will continue to work with the property owner to ensure that the order complies and the downstairs area is no longer inhabited.

He urged property owners with unapproved granny flats and extensions to seek Council development approval.

‘Secondary dwellings, or granny flats, in urban areas no longer have Council Section 94 developer contribution fees, and approved property extensions can add significant value to the property when it is sold.’

Nevertheless the South Golden Beach property would not have been approved owing to its being in a flood-prone area.

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