In Abata Pty Ltd v Kiama Municipal Council [2025] NSWLEC 1774, the NSW Land and Environment Court recently shut down a dog minding business finding that it was a prohibited use on the relevant land.
In that case, the Court found that the dog minding business was not a “home occupation” or “home business” for the purposes of Kiama Local Environmental Plan 2010 or the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) because whilst the business administration was carried out in the dwelling the core of the dog minding business was being carried out outside in the paddock on the land and such a distance from the house that it could not be said to form the curtilage to the dwelling.
The Court upheld the Stop Use Order issued by the Council however exercised its discretion to allow additional time for compliance for reasons including that the Dog Minding Business was the Applicant’s primary source of income.
The Court was also asked to determine whether dog kennels on the land were buildings and if so, whether they should be demolished because development consent had not been obtained for their erection. The Court found that the dog kennels were not buildings because they:
- are not of a sufficient size or substance to constitute a “building” or “structure”;
- are not sufficiently affixed to the land; and
- have been specifically excluded from the definition of a ‘building’ in case law.
Whilst this is a win for man’s best friend, as the pups get to keep their homes, it serves as a reminder that not every home-based enterprise will find the same comfort under planning laws. As the line between living and working spaces continues to blur, property owners should tread carefully to ensure compliance with planning laws.
McCullough Robertson has extensive experience in advising on compliance matters under the Environmental Planning and Assessment Act 1979 and Local Government Act 1993. We are trusted advisors to clients across Queensland and New South Wales, assisting with planning and environmental matters for governments and private-sector clients alike. For guidance, reach out to our Planning and Environment team.