The tiny house on a trailer that Bega Valley Shire Council has said must be removed or demolished. Photo: Supplied.
Following extensive publicity about a couple who have been told they must remove or demolish their tiny home, Bega Valley Shire Council has issued a media release that calls for the State Government to urgently announce and implement essential reforms to clarify the status of tiny homes and other portable dwellings.
The couple, Josh Heins and Manu Bohn, have their tiny home on a trailer. It is parked on a friend’s rural property in the Bermagui/Cobargo area.
Bega Valley Shire Mayor Russell Fitzpatrick said the council had been raising the issue with the State Government and advocating for clarity for more than two years to no avail.
“We’ve met with ministers time and time again, and while they say they understand, we are yet to see any changes or clarification,” Mayor Fitzpatrick said.
The council’s media release said the NSW planning framework did not recognise ‘tiny homes’ as a legitimate housing type, resulting in a range of products marketed and sold as tiny homes or caravans that do not comply with existing regulations. It said under state planning laws, these structures couldn’t be approved.
Mr Heins said there were several errors in the council’s media release that demonstrated the narrow understanding of legislation on which the council was basing its decision.
He said the NSW Planning Department and the NSW Land and Environment Court had found that under current frameworks tiny homes on wheels were best classified as caravans. “Without clear definitions in legislation, council can reasonably rely on this guidance,” Mr Heins said.
He added the reason “these structures cannot be approved” was because they were caravans which did not need approval under the Local Government Regulation 2021.
Josh Heins and Manu Bohn outside their tiny home. Photo: Supplied.
Mayor Fitzpatrick said there was significant confusion in the community regarding what constituted a caravan under the legislation and the conditions under which a ‘tiny home’ or caravan required approval.
He said when incorrect information was spread or assumptions were made, people might end up purchasing or choosing to live in a home that couldn’t be approved under state legislation.
“In these cases, we have to follow state planning laws and take action, which can lead to unfair criticism of council and our staff – yet we are simply enforcing State Government legislation to ensure safe housing for people and the environment,” Mayor Fitzpatrick said.
Mayor Fitzpatrick said the legislation needed to be updated and the State Government needed to issue its position on these structures.
“The community needs better guidance, and the NSW Government needs to take responsibility for the angst and frustration being felt across NSW,” he said.
Mr Heins said council was passing the buck . “It is the council that is sending eviction notices right now.
“Council staff and councillors have been unable to say where in law it says you need a DA to have a caravan,” Mr Heins said. “Without articulating a position in law, council’s remove/demolish notices are illegal.”
Mick Brosnan, Social Justice Advocates of the Sapphire Coast, and Kylie Furnell, SEWACS Youth Accommodation Program. Social Justice Advocates provides crisis accommodation for the homeless. Photo: Ian Campbell.
Mayor Fitzpatrick said council would be writing to the NSW Building Commissioner, James Sherrand, inviting him to visit the shire and experience the challenges firsthand.
Mr Heins said according to Clause 4.1.B of the Local Government Regulation 2021, caravans were defined as “a moveable dwelling designed to be capable as being registered as a trailer but does not include a camper trailer”.
“This piece of legislation also defines exactly when council approval is or isn’t needed for caravans,” Mr Heins said.
He said even if someone’s home was not approved, council should work constructively with residents rather than forcing them into homelessness and financial ruin with threats of $1 million fines.
Mr Heins said he had asked for some time to work with council to become compliant. “They have given us three weeks to do so, but haven’t given us any criteria that we could meet to become compliant.”
He welcomed council’s call for the legislation to be updated and for the State Government to issue its position on tiny houses.
“People are residing in tiny homes and caravans based on a reasonable understanding of the law, but this needs to be clarified so that councils stop harming residents and exacerbating the housing crisis.”
Mr Heins and Mr Bohn are meeting Member for Bega Dr Michael Holland in July.
Social Justice Advocates of the Sapphire Coast might be encouraged by the council’s press release.
The not-for-profit has eight crisis transitional units, complementing the more than 75 caravans it has been running as crisis accommodation for more than 12 years. That includes those distributed immediately after the Black Summer bushfires.
It is in a long-running legal stoush with the council concerning three of its crisis transitional units and what constitutes a moveable dwelling.
