The State Government admits there does need to be reform to planning laws surrounding the lawful use of tiny homes on wheels.
The NSW Land and Environment Court recently dismissed an appeal from a Coolagolite property owner against a Bega Valley Shire Council Stop Use order after ruling there was already a secondary dwelling on the site before a tiny house was added.
It follows a 17 month battle on the issue between the land owner Gordon Kelly and the Council with a petition attracting more than 30,000 signatures in support of tiny home owners Joshua Heins and Manu Bohn who lived on the block.
Housing and Homelessness Minister Rose Jackson said changes to current regulations are on the government’s to-do-list.
“I haven’t read the full judgement but yes I have been briefed on it. I am across the sort of top line findings of the Land and Environment Court and appreciate that to be honest it it doesn’t resolve what has been a a pretty long running lack of clarity about you know this area and some of the inconsistencies in the in the state and local sort of regulatory framework.
“We had a full parliamentary inquiry specifically looking at this. We have done work on a legislative path forward including consultation.”
But when this will occur is anyone’s guess. Changes to planning laws to create clearer pathways to legally live in a tiny home will not occur under this current State Government.
Ms Jackson said there are six sitting weeks left of the NSW parliament this year and this term so we are up against it in terms of timing. Six sitting weeks is literally 20 government sitting days.
“There isn’t a lot of time left this term I don’t think that necessarily means that it’s not a priority I just think there’s a lot going on and it is important for us that we provide a resolution,” Ms Jackson said.
Mayor Russell Fitzpatrick has been leading the push for legislative reform in NSW with a rise in the number of people choosing the less expensive option during the housing crisis. He has consistently expressed his frustration at the lack on action said he’s been told by Planning Minister Paul Scully more than once that it’s at the bottom of his in-tray and is not a priority.
“I don’t know whether the Mayor’s necessarily being fair to the Minister for Planning,” Ms Jackson said.
“I think that maybe a little bit of verballing going on because actually the State has done a whole lot of work to try and recognise that there’s inconsistency here,” she said.
The Minister said Bega Valley Shire Council can do a lot more to make it easier for people to live in a tiny home legally.
While some councils in NSW including Shellharbour and Muswellbrook welcome the moveable dwellings, Bega Valley Shire takes a hardline approach requiring owners to undertake the same costly DA process as a normal residential building.
She said there are other options open to Bega Valley Shire if they want to use them.
“It’s pretty clear to me that when you look at other local government areas in New South Wales they’re taking a different approach,” Ms Jackson said.
“I sort of consistently indicated that you know Bega does have more levers than it is using to provide a pathway, an approval pathway,” she said.
