A Sunshine Coast property owner has lodged an appeal to keep two tiny homes on her land after an order for them to be decommissioned.
Jacqueline Morton has been battling with Sunshine Coast Council for several years to allow residents impacted by the housing crisis to stay on her 13-hectare Belli Park property.
Last year, council issued eviction notices to four families living on the property, however the deadlines were pushed back after a community petition and coverage on Sunshine Coast News and Channel Nine’s A Current Affair.
One family with three young children who were living in a bus and another woman living in her caravan have since moved on from the property.
Judy Stark and Angela Smith, who is a single mother of two young boys, still call the Belli Park address home.
Council has now issued an enforcement notice ordering the decommissioning of the two temporary dwellings on the property.
Currently, the local law allows one ‘temporary’ house – anything on wheels – for a maximum of four weeks in a 52-week period.
Property owners can apply for a permit, with conditions, which costs $514 and extends that period to a maximum of 18 months.
Ms Morton has since lodged an appeal notice with the Queensland Development Tribunal over the council enforcement.
She said she maintained her stance that the property was big enough to provide a place for Ms Stark and Ms Smith to call home.
“The laws are completely unjust and outdated, and we are appealing this enforcement notice,” Ms Morton said.
“I should be able to help my community on my property without the threat of losing my home in massive fines.
“We’re in a major housing crisis, and I have the land.”
Ms Stark said she was now homeless as a result of the notice.
“This is the only home I have ever owned; now I am homeless, couch surfing and staying with friends and family,” Ms Stark said.
“It was my sacred space, my home, my garden, and now I cannot use it.”
Local housing advocate Helen Andrew has been calling for changes to local laws to allow landowners to host up to five tiny homes on wheels, depending on the size of the land, for a longer term and without a permit.
“It’s beyond belief that this is going on in a time when affordable housing options are almost non-existent in our region and when councils Australia-wide are trialling progressive solutions to use land and mobile dwellings,” she says.
“Long gone are the days when caravans and converted buses were only used temporarily; now they are the only option for many, and they need somewhere stable to park and live in them long-term.
“We are in a housing emergency, and more needs to be done to treat people’s housing needs with greater urgency, compassion and seriousness.
“We have been advocating the Queensland state government and our local council for over a year, yet they are ignoring this growing affordable housing choice.”
The use of temporary homes on a property, including a rural property, fall under the planning regulations which are set by the state government.
A Sunshine Coast Council spokesperson told Sunshine Coast News it was aware of the appeal notice.
“The landowner has lodged an appeal notice with the Development Tribunal about the enforcement and compliance action taken by Sunshine Coast Council for their property,” the spokesperson said.
“Due to this legal procedure, council is unable to make any further comment on this matter.”
It is understood Ms Morton’s appeal will be assessed to determine whether the Development Tribunal has jurisdiction.
If not, Ms Morton could appeal to the Queensland Planning and Environment Court.
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