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A recent judgement in the Land and Environment Court has shed light on what type of structures are considered a ‘detached studio’ for the purposes of complying development and environmental law. The decision in Hornsby Shire Council v Trives [2014] NSWLEC 171, deemed that a ‘detached studio’ is both separate from, and can be used independently of the existing dwelling house.

The ruling means that if an LEP does not allow for the construction of “dual occupancy” or a “secondary dwelling” it will not permit detached studios to be erected. If the detached studio is merely capable of being used as a separate dwelling it cannot be erected. Indicators that show the ‘detached studio’ can be used independently of the principle dwelling include the existence of a bathroom, toilet and/or a kitchen.

MatthewsFolbigg Lawyers, Parramatta, are specialist environmental lawyers who are able to advise in relation to all matters relating to governance, planning and environmental law.  Call an expert environmental lawyer today on 1800 300 308.