Draft Unauthorised Dwelling Policy

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Council is seeking feedback on the Draft Unauthorised Dwelling Policy. The objective of the policy is to clearly establish the planning pathways and consequences relating to unauthorised dwellings within the Shire.

Download the Draft Unauthorised Dwelling Policy 2020

The policy will assist to inform the community of the options available to them in respect to unauthorised dwellings and will assist staff in Council’s response.

The draft policy aims to:

  • address the issue of unauthorised dwellings within the shire by requiring landowners to either seek regularisation of unauthorised dwellings or to demolish/remove unauthorised dwellings from the land.
  • protect human life and the natural environment by ensuring that unauthorised dwellings meet the requirements of planning and building legislation.

Proposed Planning Pathways

The proposed pathways include three different scenarios involving unauthorised dwellings. These are explained below.

Pathway 1

Land has a dwelling entitlement and contains unauthorised residential accommodation – development consent may be sought.

Pathway 2

Land does not have a dwelling entitlement and contains unauthorised residential accommodation – meets the strategic merit test for LEP amendment - Planning Proposal may be submitted before development consent may be sought.

Pathway 3

Land may or may not have a dwelling entitlement and contains unauthorised residential accommodation – does not meet the strategic merit test for LEP amendment and does not comply with LEP and DCP provisions – Enforcement action as per Enforcement Policy 2016 to follow (i.e. Orders to demolish/restore to previously approved use as appropriate.)

Council is seeking feedback on the Draft Unauthorised Dwelling Policy. The objective of the policy is to clearly establish the planning pathways and consequences relating to unauthorised dwellings within the Shire.

Download the Draft Unauthorised Dwelling Policy 2020

The policy will assist to inform the community of the options available to them in respect to unauthorised dwellings and will assist staff in Council’s response.

The draft policy aims to:

  • address the issue of unauthorised dwellings within the shire by requiring landowners to either seek regularisation of unauthorised dwellings or to demolish/remove unauthorised dwellings from the land.
  • protect human life and the natural environment by ensuring that unauthorised dwellings meet the requirements of planning and building legislation.

Proposed Planning Pathways

The proposed pathways include three different scenarios involving unauthorised dwellings. These are explained below.

Pathway 1

Land has a dwelling entitlement and contains unauthorised residential accommodation – development consent may be sought.

Pathway 2

Land does not have a dwelling entitlement and contains unauthorised residential accommodation – meets the strategic merit test for LEP amendment - Planning Proposal may be submitted before development consent may be sought.

Pathway 3

Land may or may not have a dwelling entitlement and contains unauthorised residential accommodation – does not meet the strategic merit test for LEP amendment and does not comply with LEP and DCP provisions – Enforcement action as per Enforcement Policy 2016 to follow (i.e. Orders to demolish/restore to previously approved use as appropriate.)

  • Background

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    On 18 June 2020, as part of consideration of a planning proposal to grant a dwelling entitlement to a property with an existing unauthorised dwelling, Council resolved (Res. 20-238, Part 3):

    Request staff to prepare an Unauthorised Residential Accommodation Policy as a matter of priority to identify planning pathways and consequences for Unauthorised Residential Accommodation seeking regularisation, and that this be reported to the next available Planning meeting for consideration of public exhibition.

    In drafting the policy as per the resolution, staff have now reconsidered use of the term “residential accommodation”. The preference for the policy name and content is now to be limited to dwellings, the original focus of the report 18 June.

    The draft Unauthorised Council Policy was considered by Council on 28 August. Council resolved to place the draft policy on exhibition for 28 days. Following the exhibition period, any submissions received will be reported back to Council.