Property owner gives up on Byron holiday let case
A EWINGSDALE property owner at the centre of proceedings commenced by Byron Shire Council in the Land and Environment Court has agreed to no longer use his property for holiday letting.
Byron Shire Council's governance manager, Ralph James, said the decision by the landowner to surrender to council's case and consent to orders sent a clear message about the strength of their case.
The property owner was also required to pay council's costs of about $50,000.
Mr James said that the residential property had a known history of noise disturbance, non compliance with development consent and problems with onsite sewerage management.
He said council would now be pursuing another holiday letting case in the court in order to seek a determination on the definition of a 'tourist facility' and enable clarity for future land planning and property use issues.
Byron Shire mayor Simon Richardson said it was another court win for council on the back of successful action against an illegal backpacker hostel and illegal camping ground in recent times.
"Finding the balance between commercial interests and community amenity is not easy and with the many diverse community groups in Byron Shire, consensus may never be achieved," Cr Richardson said in a statement.
"However, a strong community is empowered by the basic need for community amenity and a good night's sleep.
"For this reason, tourist facilities are only allowed in certain areas within a Local Environmental Plan.
"We also need to protect the rights of the many holiday accommodation providers that are doing a fantastic job and have gone through the approval process to run a tourist facility."
Cr Richardson said council would continue to challenge unapproved developments.