The barrister for a Coolagolite property owner has told the Land and Environment Court…Bega Valley Shire Council has no power to issue a demolition order for a tiny house on wheels.
The first day of a hearing challenging the order in April last year has been held in Sydney.
She told the NSW Land and Environment Court the definition of tiny home under the Local Government Act is very simple.
She added her client Gordon Kelly’s submission is that the tiny home is classified as a caravan under the law and that Clause 77 of the regulations states council approval is not required.
Bega Valley Shire Council said it has an issue with the precedent it would set to allow a tiny house on wheels to remain on the property with development approval.
The council’s barrister made the comment in his opening remarks during day one of a hearing.
He told the court there are environmental issues with the tiny located only 60 metres from a creek with an inadequate wastewater management system being used.
He added it is also located within a bushfire flame zone.
Legal argument over the plumbing arrangements were also discussed at length.
The arguments included Mr Kelly’s barrister asking council’s wastewater expert witness Miff Appleton to estimate how long it would take to disconnect all of the plumbing pipes to move the tiny off site.
After several attempts to avoid answering the question directly, Miss Appleton agreed with fellow expert witness Sean Harris’s answer of 1 to 2 hours.
The hearing continues in the NSW Land and Environment Court this morning.
The hearing continues today.
