Land without a Dwelling Entitlement

We’re working on a framework to address land that has no dwelling entitlement. 

A dwelling entitlement allows a landowner to apply to build a house on their property.

Not all rural or conservation zoned properties in Byron Shire have this entitlement.

Find out about the steps involved and when landowners will be able to apply for Development Application to build a dwelling on their property. 

What does a Dwelling Entitlement allow you to do?

A dwelling entitlement allows a landowner to apply to build a house on their property. It doesn't guarantee building approval. Approval still requires a Development Consent.

Factors affecting dwelling entitlement include:

• Property size
• Zoning history
• Past subdivision approvals. 

Not all rural or conservation properties in Byron Shire have this entitlement.

Properties without a Dwelling Entitlement

Action 22 of Council’s Rural Land Use Strategy aims to address this issue. 

Work on a strategic framework for resolving dwelling entitlement issues will start later this year, with the following steps:

1. Preparation and Adoption: Creating and adopting a strategic framework with site suitability criteria (6-9 months).
2. Rezoning Process: Rezoning suitable land in stages, funded by landowners (12-15 months).
3. Development Application: Only after rezoning can a development application be lodged.

Not all land parcels currently without a dwelling entitlement will meet the site suitability criteria for a rezoning under the strategic framework.

For properties meeting the criteria, it will likely take at least 2 years before a Development Application can be lodged.