DRAFT LOCAL PLANNING POLICY FOR TEMPORARY ACCOMMODATION

Published on Tuesday, 5 November 2024 at 9:13:46 AM

At the 24 October Council Meeting, the Shire Council for the purpose of seeking public comment adopted a new draft local planning policy for the reformed regulations for temporary accommodation. 

Previously under Regulation 11 of the Caravan Parks and Camping Grounds Regulations 1997 (Regulations) local government approval could be given for a person to camp on land for up to 12-months if the person owns or has a legal right to occupy the land and is to camp on the land while a permit building permit for dwelling has effect in relation to the subject land. Standalone camping approvals for longer than three months required a separate application to the Minister for Local Government (Minister).

However, in August 2024, the Department of Local Government, Sport and Cultural Industries announced reforms to the Regulations which became operational on 1 September 2024. The reforms streamline the application process for temporary accommodation approvals on private property and offer more flexibility for local governments. Highlights of the reforms include:

  • local governments can now approve all applications for up to 24 months for caravans, tiny homes on wheels, or other proposed temporary accommodation arrangements;
  • no approval is required if a person intends to camp on private property for 5 days or less;
  • applications for longer periods can seek approval from the relevant local government rather than the Minister for Local Government;
  • applicants may re-apply to the local government on expiry of an approval; and
  • local governments can revoke approvals if an applicant fails to meet the conditions of approval.

 

Applicants will still need to satisfy the existing conditions for temporary accommodation approval, including meeting health and safety requirements set out in the Regulations.

Special approval from the Minister will still be required if more than one caravan or the like is proposed to be placed on a private lot and the Minister will retain the power to consider camping approvals in instances where a local government does not provide an approval or revokes an approval.

The draft policy defines temporary accommodation as:

means a self-contained structure which includes:

  • a habitable caravan including a motorhome or tiny house on wheels;
  • a portable habitable structure not exceeding 80m2 in area, such as an expandable shipping container house or modular transportable accommodation building (commonly referred to as a ‘donga’); and
  • an outbuilding having a habitable area not exceeding 80m2.

 

Temporary accommodation will be required to be provided with the following minimum services and facilities to the satisfaction of the Shire:

  • a drinking water supply
  • a power supply;
  • an effluent disposal system; and
  • a laundry, shower/bath, hand basin, water closet and a kitchen sink.

 

All forms of temporary accommodation are proposed to be permitted (subject to application) outside of the townsites without the need to have a building permit in place for a dwelling on the same property.

Inside the townsite, it is proposed that the use of caravan/motor home will only be permitted where it is linked with a building permit for a dwelling. Self-contained units such as an expandable sea container home is proposed to be permitted without the need to have a building permit in place for a dwelling.

If the policy is to be supported as currently drafted this would allow for self-contained units to be installed on vacant townsite properties and used for up to 24 months to ease pressure on the lack of available housing. At the end of the 24-month (or shorter) period the Shire reserves the right to not renew the temporary accommodation approval, at which time the structures are to be removed from the property.

Beachridge Estate Jurien Bay is excluded from the above provision as the following Restrictive Covenants registered against all properties titles within this estate prevents the placement of temporary accommodation on these properties.

The Registered Proprietor (which expression includes the transferees, assigns and successors of the Registered Proprietor) covenants that the Registered Proprietor will NOT:

(1) Use or permit each Lot to be used other than for the construction and occupation of one permanent non-transportable single private residence (residence) in accordance with the Design Guidelines.

 

The draft policy is available for download from HERE.

 

Public submissions on the draft policy are welcomed to Friday 31 January 2025 and can be made to council@dandaragan.wa.gov.au 

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