Current Issue

Since the inception of NRIC we have advocated for the acceptance and approval of secondary dwellings and dual occupancies on CTs and secondary dwellings on MOs to be revisited via an merit based environmental assessment process. The current housing crisis has added impetus and weight to our arguments.

History

Most rural communities have consent conditions limiting them to one dwelling per lot, however those conditions are open to interpretation and challenge. In November 2020 - after a successful development application overturned such conditions on a CT - Byron Shire Council staff introduced a proposal to amend our LEP, seeking to impose a blanket prohibition of such development on MOs and CTs.

We ran an overwhelmingly successful campaign that saw the amendment proposal withdrawn before being subjected to a vote.

Building on information gathered, publicity generated, and the sentiment surrounding the housing crisis, we continued to lobby councillors on the issue, which culminated with acting mayor Michael Lyon putting a motion to Council: to investigate how to enable a workable pathway to facilitate secondary dwellings on Multiple Occupancies and to facilitate secondary dwellings and/or dual occupancies on Community Titles.

The Motion was carried unanimously. A positive declaration of intent in the context of the need for diverse housing opportunities.

Where We’re at Currently.

Council staff have recently come back with the requested report. Reading it leads to a conclusion that planning staff are reluctant to act swiftly to allow extra housing on MOs and CTs. The report contains contestable assertions and describes the process as lengthy, complicated, dependant on State Gov, and uncertain. 

We believe it is not.

Staff say it will take years, our expert advice indicates it should not as Council has all the planning tools needed to assess DAs on merit without depending on State Government.

It was urgent to respond to the staff report before Council’s next Planning meeting and upon a senior town planners’ advice we decided to seek legal counsel and prepare our own thorough planning report covering all the different statuses of MOs and CTs, and identify what can be done and how, in the immediate and short term. 

We sought legal advice and contracted a planner who is familiar with all the details of relevant planning laws.

 With acting Mayor Michael Lyon facilitating, our team of planners presented the report to senior planning staff. It was tough, but staff agreed to study our report and continue the dialogue.

We will report as this progresses.