I wish I had good news. Despite the positive response from councilors at the March 25th council meeting (story featured in the Belgrave STAR), we've been informed by staff that that they feel their hands are tied and we cannot continue to live in our caravan/tiny house on wheels in the Yarra Ranges.
The councils staff informed us that if we do not comply with the building order they will be forced to take us to court. We are definitely out gunned, we could start a go-fund-me for legal fees. However, at this stage it doesn't seem like the most useful use of resources as we need to focus on state and local advocacy with reviewing policies and procedures. But open to talking to others about this.
They do not believe there is enough state law / precedent to allow us to stay, and are looking to the state government for guidance. The Yarra Ranges does not currently have a permit process to allow for people to reside in caravans on private property, for a 'temporary period'.
What 'temporary' means is seemingly arbitrary (in my opinion), and council to council makes their own decisions on this. As have Mt Alexander and Surf Coast Shire, with their tiny house policies.
Cardinia Shire (next door) has a permit process to allow people to live in caravan's for up to two years on private property. I have argued that as I care for my partner who is recovering from a health condition, a similar process should be allowed here.
The staff have informed us that the state law says the 'use case' of a dwelling is what makes it a 'building'. Anything 'lived in' (for an 'extended period' based on their own interpretation of this) must comply with the building code. It doesn't seem to matter in this situation that we meet the Transport Victoria codes as a vehicle, if there is no form of 'accommodation' allowed in a caravan based on the use case.
We've decided we must leave the Yarra Ranges, as we don't feel safe staying knowing we could be asked to move on with no wriggle room on this interpretation.
I was hoping that considering the positive response from councilors, Benny and I could stay where we were with perhaps a few alterations to meet the bush fire requirements and continue our work thus developing some type of pilot program with the council.
I pointed out to them that there is a stark difference between a tin shed and a caravan that has an electrician's certificate, gas certificate etc in terms of safety. This is how the Surf Coast Shire's tiny house program works. The Yarra Ranges do not believe the state law makes any distinction between these factors.
The staff are also considering many issues, where could tiny houses be permitted in a way that will allow safe evaluation during a fire. They feel this is a complex issue that they do not have enough clarity on. This topic was also tabled in a 2023 council meeting, I would have hoped the council would have more transparency on this issue since then.
We provided feedback that their local laws and how they manage tiny houses in the shire has caused great confusion for us, and many members of the community. People want to do the right thing, and are just trying to navigate this cost of living and housing crisis as best as they can.
There will be a MAV meeting in May, where this topic will be tabled for discussion by the council, which we appreciate. As many many other Victorian councils have approached this law in various different ways and the Yarra Ranges want advice on how they manage the risks associated.
The petition continues at a local level with councilors, despite our situation. We hope to keep fighting, because we know many people that continue to be immediately effected by the housing crisis and are at risk of homelessness without their alternative housing solutions.
Our state member for Monbulk, Daniela De Martino office has been helping us get our specific situation in front of the Planning Minister's office. Perhaps we'll receive a favorable response, however it is unlikely to be within the time frame we need before being required to leave. Still will be helpful in the long term though.
We aren't sure what the future holds yet, where we will go or what we will do. But I cannot emphasise enough how much everyone's support and perseverance has meant to us. It is working, there are still plenty of people we can help even if Benny and I are required to leave. I'm sorry that this is not the outcome anyone wanted, but here to chat and continue figuring things out together.
Please contact your local member and let them know you want a permit process in place to allow caravans to be lived in on private property in the Yarra Ranges. This would be a step forward.
Evrim & Benny