Turning a blind eye to the existence of unauthorised dwellings in the shire might have been possible in the past but the November fires mean this is no longer the case.
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At their meeting last week Nambucca Valley councillors discussed how best to approach the problem of bushfire-affected residents who had lost homes, which were 'unauthorised' dwellings.
The range of dwellings lost is broad, everything from caravans and sheds to multiple-occupancy (MO) style tenancies, such as the unofficial one on South Arm Rd.
There are also those unauthorised dwellings on lots that do not have a dwelling entitlement.
In his report General Manager Michael Coulter said getting replacement dwellings approved as quickly as possible was an important part of the recovery process, but ...
"The council does not have the power to approve a replacement dwelling on land that does not have a dwelling entitlement. A change would need to be made to the council's 2010 Local Environment Plan (LEP) and there is no certainty the State government would approve this."
He said that when it came to MOs, the same problem applied.
"The long-established MO at South Arm was previously a permissible use with consent but the council chose not to include a clause allowing them in the 2010 LEP.
"While MOs were popular in the 80s, by the 90s disagreements had arisen and councils were being pressured to allow them to be subdivided ... many councils tired of dealing with them and their problems."
Cr John Ainsworth said that pressure needed to be put on the planning minister so that people could be told "what they could do where".
Mr Coulter said at a recent meeting of general managers, it was clear that other fire-affected councils were not giving any consideration to people with no dwelling entitlements.
The Department of Planning has also said they won't give the issue any active thought ... it is something we will need to pursue ourselves
- General manager Michael Coulter
He pointed out also that everyone's circumstances were different with varying complexities: "There is no general way to deal with them all."
Crs Susan Jenvey, David Jones and Anne Smyth all spoke on the benefits of multiple occupancies as a means for people to gain access to affordable housing.
Cr David Jones said an amendment to the LEP regarding MOs should be pursued but as a separate issue.
Cr Ainsworth said it was urgent to keep pushing for a solution - "We need to help these people who have lost everything".
As a means of escalating the matter, the councillors voted unanimously to:
- Seek a gateway approval to change the Nambucca Local Environmental Plan 2010 by allowing an additional permitted use for land being 1820 South Arm Road, South Arm as a multiple occupancy/rural land sharing.
- Formally request the Department of Planning, Industry and Environment to consider a State wide response in relation to the policy issues of bushfire affected residents displaced from unauthorised dwellings on land without a dwelling entitlement, in lieu of potential duplication and inconsistency at a local government level.