Are there enough houses in the area? Should we be allowed to put another dwelling on our property if there is enough space? Should we build first and ask later?
Councils tell us that they have rules about who can build what and where, but, ‘each development application (DA) submitted to Council is considered by staff on individual merits and circumstances and legislative requirements’.
Does this mean the rules are bendy?
Take Byron Shire Council’s DA 10.2018.372.1 Use of Dwelling House to Create Dual Occupancy (detached) in Huonbrook.
The staff summary of the DA basically says that the dwelling is illegal but because it’s been there for 20-odd years, and compliance would require either demolition of the existing building, and construction of a new dwelling, or the relocation of the existing building, the significant cost to the landowner means it’s more efficient to utilise the existing building. Great – if you can get away with it!