COUNCIL commenced an Approved Inspection Program on Monday 11 January 2022 focusing on determination of possible unlawful habitation of shed (Class 10a) structures within the Forrest Beach locality.
This inspection program allows Authorised Officers entry to premises, to inspect properties within the Shire.
The Unlawful Habitation of Class 10a Structures Inspection Program has reviewed allotments solely improved with Class 10a structures, but no dwelling on the property.
Below is the breakdown of findings from the Inspection Program:
- 45 properties were inspected;
- 23 properties were not identified to be utilised for habitational purposes, in contravention of the Building Code of Australia (BCA);
- 12 properties were identified as sheds (Class 10a) being utilised for habitational approvals without approval;
- Five properties have obtained approval to Establish or Occupy a Temporary Home in accordance with Local Law No. 1 (Administration) 2012;
- Four properties have lodged a Class 1a Dwelling Building Application; and
- One property is currently undertaking a Reclassification Application from a shed (Class 10a) to a dwelling (Class 1a).
Following these findings, Council conducted subsequent randomised inspections of the 12 identified properties, to determine if a pattern of occupancy is occurring onsite. Four properties within the Forrest Beach locality have displayed a pattern of occupancy, and Council have proceeded to issue a Show Cause and Enforcement Notices to each property owner.
Pursuant to Section 168 of the Planning Act 2016, the property owners were required to comply with the issued Enforcement Notice/s, by undertaking the following actions:
- Stop occupying the building by relocating to a building approved for residential purposes by 5.00pm Monday 4 April 2022; and
- Restore, as far as practicable, the building to a condition consistent with its approved Building Code of Australia classification by 5.00pm Monday 4 April 2022.
If the property owners wish to convert the building for habitable activity or residential use:
- They must comply with the above enforcement directions;
- They must submit a Building and Plumbing Application to Council for Reclassification Application (Class 10a to 1a), within the allocated timeframe; and
- They must not re-occupy the building without approval.
It is important to note that Council is progressing with this matter and is currently awaiting responses from the property owners in relation to the issued Enforcement Notices.
Council will continue to monitor the area and identified properties, to ensure compliance is achieved.
For further information or clarification regarding the Inspection Program, please contact Council’s Built Environment Team on 4776 4600.