NSW Court Requires Consent for Coolagolite Tiny Home
NSW Court Requires Consent for Coolagolite Tiny Home

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Arabic version: محكمة في نيو ساوث ويلز تشترط موافقة لتثبيت منزل صغير في كولاغولايت

According to ABC News, the NSW Land and Environment Court has ruled that a tiny home on wheels at Coolagolite, on the state’s Far South Coast, requires development consent. The decision followed a legal challenge over a caravan occupied by Josh Heins and Manu Bohn on Gordon Kelly’s primary-production-zoned property.

Mr Kelly had allowed the couple to park the tiny home on the land in 2023. After a public complaint, Bega Valley Shire Council ordered the home to be vacated and demolished last year, arguing it was an unauthorised structure being used as a permanent residence without planning approval. Mr Kelly challenged the orders, saying the home was transportable and capable of registration.

The court found that the home could fall within the definition of a caravan, despite its conventional-house appearance and permanent-looking fixtures and connections. But it ruled that this did not allow it to bypass NSW planning laws governing land use. Mr Heins said in a statement that the couple’s dream had faded.

The ruling also delivered a limited outcome for Mr Kelly: the court found the council could not legally order the caravan’s demolition because it did not meet the definition of a building. Council lawyers had raised concerns about precedent, wastewater pipes and bushfire risk during a June hearing.

Australian Tiny House Association president Danielle Lester said the decision could affect tiny-home owners across NSW, particularly people seeking to rent land or place a tiny home in a backyard for a family member. Bega Valley Shire Council said each case must be assessed individually and that tiny homes can provide diverse housing options when established and occupied under the applicable planning framework.

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