We start to get feedback from the Queensland Labour Government after we reached out to them asking if councils can implement our proposed local law. This is the response:

The community-prepared subordinate local law that seeks to allow temporary homes, such as tiny homes and buses, to be established on properties on a permanent basis is in conflict with the Queensland planning framework.

• Under the Queensland planning framework there is no use definition for a ‘tiny home’. Tiny homes are a product, not a use. A tiny home (where fixed to the ground) is considered to be a dwelling under the planning framework.

• Once a building or structure (i.e. modified bus or caravan) becomes permanent on a site with services provided such as waste water and water supply, the building or structure is also considered a dwelling.

• Temporary use means a use that is carried out on a non-permanent basis and does not involve the construction of, or significant changes to, permanent buildings or structures.

• Temporary use is an inclusive use classification that describes any temporary activity on land. Examples could be a market or a circus that pops up for a short time and is then removed.

• The placement of tiny homes or caravans on a premise, on a non-permanent basis, is defined as a temporary use, which is not residential development.

• A further consideration for a temporary use is that it does not involve the construction of, or significant changes to, permanent buildings or structures. Any building or plumbing work to make the homes more permanent will likely make the use not ‘temporary;’ by definition. 

• Local laws are used to regulate temporary uses including temporary homes.

• The Queensland planning framework does not limit or control the number or type of temporary uses that would be regulated by the local government under a local law. However, a council cannot make local laws on a matter that is covered by the local government’s planning scheme, the Planning Act 2016 or another instrument made under that Act.

• It is at the discretion of each council to make the decisions that it considers appropriate for the needs and views of its community. 

• On 9 November 2023, the former Planning Minister responded to the Queensland Legislative Assembly about a petition (3919-23) to support the permanent use of tiny homes on wheels, buses and caravans.

• The former Planning Minister advised that he had engaged the former Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) to consider the recent innovations in tiny homes and provide advice on any new guidance necessary to better plan for these types of homes.

Here is the State Government’s current position on Tiny Homes.

Jacqueline gets an Enforcement Notice from Sunshine Coast Council with a deadline in October to comply. In response, Angela applied for a permit, giving her only 18 months of security. At the end of the permit period, she will have to move as they have said they will not renew it. She must move to another property and apply for a new permit. We ask, what is the difference between whether she stays on one property or has to move every 18 months????