Australian court: couple must leave their tiny house on wheels
The New South Wales Land and Environment Court in Australia has ruled that Josh Hynes and Manu Bon cannot continue living in a tiny house on wheels on a property in Coolagolite without the required development consent. As ABC News Australia reports, property owner Gordon Kelly challenged orders issued by Bega Valley Shire Council requiring the dwelling to be vacated and removed.
Court ruling
In 2023, Kelly allowed the couple to place the tiny house on wheels on his property in Coolagolite, which is zoned for primary production. After a complaint from a member of the public, Bega Valley Shire Council said last year that the structure was being used as permanent housing without the required approval.
Kelly argued in court that the house did not require council approval because it could be easily transported and registered. The court found that the tiny house on wheels could legally fall under the definition of a caravan, even if it more closely resembles a conventional home and has permanent-looking features and connections.
However, the court noted that caravan status does not allow the bypassing of New South Wales legislation on land use. Hynes said in a statement that he had long believed it was possible to fulfil the dream of living in such a house, but that dream had now faded.
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Caravan removal and rules
Kelly partially won the case: the court found that the council could not lawfully require the caravan to be removed because it does not fall under the definition of a building.
During hearings in June, council representatives expressed concerns that a ruling in favour of the couple could set a precedent for housing in the region and across the state. They also argued that the house breached planning rules because of a complex wastewater pipe system and posed a risk during bushfires.
Under New South Wales legislation, one caravan may be placed on a property without council approval if it is associated with an occupied house, used by members of the household, and there is already an approved primary dwelling on the land. Danielle Lester, president of the Australian Tiny House Association, said the ruling was significant for tiny house owners in the state, particularly those who want to rent land or install such a house in a backyard for a family member.
Bega Valley Shire Council welcomed the court's ruling and stressed that each case should be assessed individually, taking into account the type of dwelling, how it is used and the applicable planning rules. In Shellharbour, a pilot project began this week that allows mobile tiny houses to be installed on residential land for long-term rental.
