Agenda item

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

In accordance with Chapter 3, Rules 57 and 59, of the Governance Rules developed by Council in accordance with section 60 of the Local Government Act 2020.

QUESTION TO COUNCIL

Cadi-Lee Beach of Warburton asked;

What is it about Yarra Ranges Council green wedge policy that prevents the use of tiny homes & caravans in the current Housing Crisis?

What is required by YRC to enable people to use tiny homes & caravans in this crisis?

Director Planning and Sustainable Futures, Kath McClusky

Thanks for your question, Katie Lee, and in light of the Mayor's announcement earlier, please bear with me, this response is a little bit long but hopefully provides some clarity to Community.

In December 2023, the State Government introduced the definition of Small Second Dwellings, which includes tiny homes, caravans, and mobile homes, into all planning schemes to support alternative housing options.

In rural zones, including the Green Wedge Zone and Rural Conservation Zone, a small second dwelling is allowed, but must have a planning permit.  In these zones, an owner can apply for a planning permit, provided it meets specific criteria including being under 60 square metres.  Part of Council assessment against the planning scheme will be any environmental risks to an occupant such as fire, flood or landslip. If the land is vacant, a planning permit will be required.

In residential urban areas, the rules are different, and a planning permit may not be required, provided there are no other planning overlays on the property.

Additionally, a separate building permit may be needed, depending on the structure. Our Municipal Building Surveyor has determined that certain types of tiny homes and ancillary structures do require building approval. These decisions are made independently from Council and can only be reviewed through the Building Appeals Board or by providing further technical information.  Neither Council or the Executive Team have the authority to override a Municipal Building Surveyor decision, only the State Building Surveyor or the Building Appeals Board can.

The rules that govern the placement and use of Small Second Dwellings are set by the State Government and apply across all Victorian councils.  The rules are embedded in the Yarra Ranges Planning Scheme, and the Building Regulations. Yarra Ranges Council cannot change these planning or building requirements nor does Council have flexibility in how they are applied.

We do understand the issues confronting our community and we are actively listening. At our last Council meeting, we committed to reviewing our Local Law, including how it relates to temporary accommodation.

This won't resolve all issues, and it won't remove the need for building and planning controls, but it will bring greater clarification in relation to the length of temporary accommodation.

As previously stated, it is important to note that a Local Law cannot override State planning or building regulations.

We understand the complexity of the housing situation in Yarra Ranges and are committed to advocating for clearer guidance. Council continues to engage with the Minister for Planning and the State Building Surveyors to seek practical solutions that support our community.

SUBMISSIONS TO COUNCIL

New Parking Restrictions - Upwey South Primary School

Robert Shepherd provided Councillors with an update regarding the new parking restrictions around Upwey South Primary School and requested that Council engage with the School Council to improve the parking situation.