A planning expert has questioned the legality of Bega Valley Shire Council’s approach to tiny homes on wheels.
The council has been locked in a public fight with Coolagolite tiny homeowners Josh Heins and Manu Bohn and their property owner over an eviction order issued in April.
The council, like most others in NSW, currently regards the moveable homes as a secondary dwelling requiring landowners to apply for DA consent before putting on on their property.
But Roz Hansen, who is also a member of the council’s Affordable Housing Implementation Group, told councillors at yesterday’s public participation session of their ordinary monthly meeting, current planning laws say the opposite.
“The definition of secondary dwellings does not include moveable dwellings nor does moveable dwellings say in the definition, secondary dwellings so there is no crossing of the definitions. They are separately defined. I think that’s an import point,” she said.
“The other thing about secondary dwellings councillor is often they have concrete foundations and they are fixed firmly to the ground. Moveable dwellings aren’t.”

Ms Hansen, who has more than 30 years experience as an urban and regional planner in the public and private sectors, also used the opportunity to call on Bega Valley Shire Council to remove the controversy surrounding their stance on the issue and adopt a pro-active approach to moveable dwellings such as tiny homes on wheels.
“Establish clear guidelines, Identify the approvals process so there is no inaccuracy or complexity,” she said.
“Lets make it easy for people to pathway their way through this process so they can put a roof over their head.
“Look at the design including environmental impacts but just do it.”
Ms Hansen told the council they could task the local Affordable Housing Implementation Group to help develop the policy in consultation with the community and council staff.
The council has repeatedly called on the State Government to amend the current NSW planning laws to provide clarity to the community..
But planning expert Roz Hansen told the council yesterday that waiting for legislative change is the wrong approach given the government has halted a review on the issue.
The government has put their review of moveable dwellings on-hold with Planning Minister Paul Scully apparently telling Mayor Russell Fitzpatrick it’s not high on his priority list.
“This means you will be waiting even longer for any clarification about this so I think this a real window of opportunity to show some leadership,” she said.
“Listen to the community, use the resources within the community and help us deal with this problem because the problem, as you are fully aware councillor, is actually getting a lot worse.”
