New Local Law

We are proposing a new draft to replace Sunshine Coast Regional Council Subordinate Local Law No. 1 (Administration) 2016 Schedule 7 Establishment or occupation of a temporary home.  That the new local law be a trial for 5 years during this housing affordability crisis and reviewed at the end of the trial to develop a new ongoing local law based on community feedback.

Amendment Subordinate Local Law Subordinate Local Law No. 1 (Administration) 2016: Schedule 7 Establishment or occupation of a temporary home.

1.     Prescribed activity

Establishment and permanent occupation of a temporary home

2.     Activities that do not require approval under the authorising local law

An approval under the authorising local law is not required for the establishment and permanent occupation of a temporary home if –

               i.         The temporary home/s are sited on a property occupied by an existing approved dwelling house; and

              ii.         The number of temporary homes allowed does not exceed the terms of clause 4; and

             iii.         The temporary home is not a class 10A building under the Building Code of Australia.

3.     Conditions that must be imposed

 a)     Waste

               i.         Secure waste storage facilities to prevent access by pests and animals, and constructed to prevent leakage, seepage, or spillage and designed to minimise and adverse impact on the environment and public health; and

              ii.         Adequate facilities to accommodate all types of waste, including but not limited to general household waste, recyclables, greywater, blackwater and green waste; and

             iii.         Adequate management of greywater in an environmentally responsible manner by implementing suitable treatment systems that meet relevant health and safety standards. Acceptable greywater treatment methods may include filtration, disinfection, and recycling for non-portable uses; and

             iv.         Adequate and self-contained and environmentally friendly toilet systems that meet the required standards for blackwater treatment and containment. Composting toilets, incinerating toilets, or other approved technologies may be used.

b)    Amenity

               i.         The temporary home can be suitably screen by means of screens, natural topography, trees or landscaping, so as not to adversely affect the amenity of the area; and

              ii.         Adhere to noise regulations to prevent excessive noise and the appropriate use of outdoor lighting fixtures to minimise any potential nuisances on neighbours; and

             iii.         Be kept free from pests and vermin and conditions offering harbourage for pests and vermin. 

c)     Safety

               i.         Proof that a photoelectric smoke alarm has been installed outside any sleeping areas in the temporary home; and

              ii.         The area around the temporary home is safe and easily accessible.

4.     The number of temporary dwellings allowed on a single property shall be determined based on the size of the land and shall follow the scale outlined below:

a)   Land size -

                        i.         For land size up to 800 square metres: One (1) temporary home is permitted.

                       ii.         For land size between 801 square metres and 20000 square metres: Two (2) temporary homes are permitted.

                      iii.         For land size between 20001 square metres and 41000 square metres: Three (3) temporary homes are permitted.

                      iv.         For land size between 41001 square metres and 81,000 square metres: Four (4) temporary homes are permitted.

                       v.         For land size above 81,000 square metres: Five (5) temporary homes are permitted.

b)    The size of the land shall be determined by Titles Queensland.

5.     Activities that that do require approval relate to a residential caretaker or site caretaker, additional conditions that will ordinarily be imposed include that –

                        i.         details of the current building approval for the construction of a permanent residence; and

                       ii.         in the case of the site caretaker, demonstration the need for a site caretaker; and

                      iii.         the ability to demonstrate an ability and capacity to construct a permanent dwelling within the period of the building approval; and

                      iv.         the development approval for a permanent dwelling remains current; and

                       v.         the permanent dwelling is being progressively constructed at such a rate that is can be reasonably expected to be completed within the development approval and the term of the temporary home permit.

6.     Approval and Issuance of Permits

a)     Permit applications will be reviewed in a timely manner and grant approvals based on compliance with this local law and all applicable regulations.

b)    Permits shall be issued to applicants who demonstrate adherence the conditions in clause 3.

c)     The permit shall be non-transferable and will be issued only for the specified temporary dwelling and the land address mentioned in the application.

DEFINITION

Temporary Home

A vehicle used or adapted for living and designed to be driven or towed by another vehicle and includes a tiny house on wheels, caravans and buses, whether it is resting directly on the ground or on blocks or other support, any structure, awning, verandah, lean-to, carport or other enclosed or partly enclosed area used while it is stationary.