By Tanya Steele
A couple from Belgrave South who have been living out of their caravan recently started an online petition asking Yarra Ranges Council to implement a Tiny House on Wheels and/or caravan living policy in the municipality.
The local council has been urged to adopt a Tiny House on Wheels (THOWs) policy in the petition posted on 6 February this year after months of back and forth with Yarra Ranges Council.
Evrim has lived with her partner Benny in Belgrave South for two and a half years – the duo moved to the Yarra Ranges after fitting out their caravan to be roadworthy beforehand.
“We’re both community workers, arts workers, and we know that we couldn’t afford to buy a traditional house because work is not always stable,” she said.
The two both have chronic health issues and knew a mortgage would be out of reach.
“When we first moved here, we called the council and chatted to them and talked about the laws to understand,” Evrim said.
Evrim said they love living in the Yarra Ranges and with the elderly couple whose land they occupy.
“The Yarra Ranges local laws are super friendly, and in theory, they were made that way to allow for people to have flexible housing options,” she said.
“I don’t know who passed those local laws, who agreed to it, but basically the law here is that it states you can live in a caravan on private property, which is considered camping on private property – it is what we believed we were doing without causing a nuisance for no specified time limit.”
With over 650 signatures since 6 February, the petition is gaining traction online and the couple are asking the council to work with its community to develop laws to ensure safe, affordable housing options without evictions.
“We received a building order to vacate our Tiny House on Wheels, which is a roadworthy caravan, meets the Transport Victoria Standards and is on a chassis,” the petition reads.
“We have been in communication with the Planning and Building teams over the past six months, as we believed that we were within our rights to ‘camp on private property without causing a nuisance’, as per the local laws,”
Tiny houses can often be considered caravans, and this is why, in turn, they don’t require a building permit. They do tend to have requirements around how long one can live in them on private land – with utilities and land use issues like bushfire management overlay and green wedge planning provisions coming into play for the Yarra Ranges. Legislation in most states limits stays to two consecutive days, and less than 60 days per year.
In the Yarra Ranges, a THOW is not considered a ‘building’, due to it being a registered vehicle – a THOW may not be permitted – according to the website.
The crux of the issue revolves around the Yarra Ranges council asking for the couple’s caravan – a registered vehicle, to be classed as a building.
“We see tiny houses as an amazing solution to the housing crisis,” said Evrim.
“We understand if we were unmovable, if we weren’t on wheels – we are literally a vehicle,” she said.
Yarra Ranges Director Planning and Sustainable Futures Kath McClusky said that council’s municipal building surveyor is responsible for ensuring buildings are compliant with the Building Act 1993.
“Under building regulations, there are specific definitions for each class of building and how it can be used,” they said.
“If a Tiny Home on Wheels is a place of residence, then it is deemed to be a ‘classifiable’ structure under the Building Act and Regulations and a building permit is required by law.”
When it comes to approving where people live, McClusky said council is involved in ensuring that the location is safe for all.
“This includes considering issues such as bushfire, flood or landslip risk, health matters and links to septic tanks and water supply, impacts on local neighbours or the local environment,” she said.
“The difficulty of providing appropriate housing is something that council takes seriously.”
“Council has recently released the 15-Year Housing Strategy that was approved in June last year – As identified within Council’s Housing Strategy, there is a need for State level policy guidance on how Tiny Houses on Wheels should be defined and considered by all local governments.“
Evrim said the couple have worked very hard to come to a reasonable solution with council, there has been months of back and forth over the situation, with the duo getting in touch with local Yarra Ranges councillors and MP for Monbulk Daniela De Martino to advance their cause.
“I have spoken with Evrim and Benny about their situation,” said Ms De Martino.
“I have referred their concerns and queries to the Minister’s office for further advice.”
The Department of Planning and Transport referred the Star Mail back to Yarra Ranges Council for comment.
Ms McClusky said that in December 2023, the Victoria Government introduced new planning legislation to allow property owners to establish a small second dwelling on their land in a Green Wedge Zone, however planning and building permits are required for this.
“A Tiny House on Wheels may be considered under a planning permit process as a small second dwelling provided specific planning requirements are met,” they said.
“If the Tiny House on Wheels does not meet the requirements of a small second dwelling, then the Tiny House would be considered as an ‘accommodation use’ on the land.”
“There are strict planning controls on the use of land for all forms of accommodation and dwelling use in our Green Wedge Zones.”
Other councils in Victoria have faced similar issues, with Mount Alexander Shire Councillors unanimously voting in June 2023 to remove permit requirements for people wishing to camp or occupy a caravan or tiny home on wheels on private property where there is an existing dwelling.
Across state lines in Queensland, one council in the shire of Gympie is using THOWs to help with housing shortages, while over in the Sunshine Coast, a resident has been negotiating for several years to allow residents impacted by the housing crisis to stay on their property.
According to the Australian Tiny Houses Association, there is currently no national definition in Australia of what a THOW is, where they can be located, who can live in them and for how long.
Ms McClusky said that Council is aware of various legal interpretations by councils across Victoria regarding how THOW should be considered under the planning and building regulatory systems.
“Council has obtained legal advice on this issue and is working on providing clear pathways for tiny homes development for the community,” she said.
“Council will continue advocating to the State Government for a formal Planning Scheme definition for Tiny Homes on Wheels as well seeking clarity and guidance on their assessment and regulation in the Victorian planning system.”
Evrim said the couple are now in this situation where they have to keep asking for extensions and continue their petition directly to council.
“This seems really counter to how they would want to operate, and how they would want to function in their community,” she said.
