Kelly v Bega Valley Shire Council [2026] NSWLEC 1588
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT CONTROL ORDER APPEAL — stop use order — stop use of premises — no consent for use of “tiny home” as residential accommodation — whether structure a “moveable dwelling” under Local Government Act 1979 (NSW) — whether structure a “caravan” under Local Government (Manufactured Home Estates,
Catchwords
DEVELOPMENT CONTROL ORDER APPEAL — stop use order — stop use of premises — no consent for use of “tiny home” as residential accommodation — whether structure a “moveable dwelling” under Local Government Act 1979 (NSW) — whether structure a “caravan” under Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 — precedent and pubic interest — orders DEVELOPMENT CONTROL ORDER APPEAL — demolish works order — whether “tiny home” structure is a “building” under Environmental Planning and Assessment Act 1979 (NSW) — orders
Outcome
The Court orders: (1) The Stop Use Development Control Order (DCO) appeal proceeding No 2025/285301 is dismissed. (2) The Demolish Works DCO appeal proceeding No 2025/345610 is upheld. (3) Pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 (NSW) the Development Control Order No 3 dated 27 June 2025 issued to JG Salkeld and G Kelly is revoked. (4) Pursuant to s 8.24(3)(a) of the Environmental Planning and Assessment Act 1979 (NSW) the compliance cost notice dated 30 June 2025 issued to JG Salkeld and G Kelly is modified by deleting any reference to and the costs associated with Order 1 Stop Use. (5) All exhibits are retained.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss Pt 4 ss 1.5, 4.2, 4.15, 4.55, 8.18, 8.24 9.34, Sch 5 Local Government Act 1993 (NSW), s 68 Road Transport Act 2013 (NSW), s 4 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021, Subdiv 3 s 77 Bega Valley Local Environmental Plan 2013, Road Transport (Vehicle Registration) Regulation 2017 (NSW) cl 2.3 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Read the full judgment
Authoritative text on NSW Caselaw · ~49k words
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