Court Orders Holiday Letting Business at Kinabalu Farm to Shut Down

A remote holiday letting operation in the bush at Middle Pocket has been ordered to close after the NSW Land and Environment Court ruled that its dwellings were unauthorised and did not meet safety or building standards.

The owners of Kinabalu Farm, located at 333 Skyline Road, had been operating since 2022, offering visitors a rustic experience with basic cabin-like dwellings, including a handmade treehouse called The Treepod. Described as “the ultimate nature lovers and wilderness experience,” the site was accessible only by four-wheel drive and was nestled deep in heavily vegetated bushland.

Council Takes Legal Action

Late last year, Byron Shire Council brought legal action against the owners, citing serious concerns over the safety and legality of the accommodations. The case was heard by Justice Nicola Pain, who found in favor of the Council.

On November 15, Justice Pain ordered the immediate cessation of all holiday letting activities at Kinabalu Farm, including the use of fve unauthorised buildings: four cabins and The Treepod.

Serious Safety Concerns

In her judgment, Justice Pain noted that the property’s location posed signifcant risks, particularly with the imminent bushfre season.

“The location of the property is in a heavily vegetated area, with limited access,” Justice Pain said. “The main usable road access is by four-wheel-drive only. There is a potentially serious environmental issue.”

An inspection by a building certifer revealed extensive noncompliance with building standards, including:

• Balconies without balustrades.

• Access ways lacking railings.

• Absence of fre-rated and ember-retardant materials.

• Windows opening directly to the ground.

Additionally, the court found there was no development consent for the dwellings to be used for short-term rentals, nor was there a publicly registered management plan to alert emergency services to the site’s existence.

Immediate Action Ordered

Justice Pain directed the owners to:

• Cease advertising the unauthorised dwellings.

• Remove all promotional materials.

• Allow Council to inspect the property with 48 hours’ notice to ensure compliance. Failed Defence

While the owners’ solicitor suggested they intended to rely on existing use rights as a defence, no formal case was fled. Justice Pain noted that the business had been given ample time to substantiate this claim but failed to do so.

Community and Environmental Impact

The court highlighted the potential dangers posed by the remote, heavily vegetated location, particularly during bushfre season. The case underscores the importance of adhering to planning and safety standards, especially in environmentally sensitive and high-risk areas.

Kinabalu Farm has been ordered to halt all bookings and operations until the dwellings comply with regulations, marking a signifcant victory for Byron Shire Council in safeguarding community and environmental interests.