Could the council force a home owner to remove a caravan from her land? Which case won?
Sydney council becomes aware of installation of caravan on local property
A Sydney council became aware of home owners in the local area who had converted an old caravan in to a living area with a bedroom, en-suite and kitchenette without a stove or other cooking facilities.
The caravan was registered with Roads and Maritime Services as a caravan and had an attached vehicle identification number (VIN) plate. It had been renovated off site and transported to the home owner’s property by a crane.
The caravan was connected to water, electricity and sewer and had temporary supports to keep it in place. The daughter of the home owners and her partner lived in the caravan.
Council inspects property and orders that caravan be removed
The council inspected the property and provided an order to the home owners that they must remove the caravan because it was not a caravan but a “structure” under the Environmental Planning and Assessment Act (EPA Act), and therefore required development consent and approval by the council.
The home owners decided to challenge the council’s order in the Land and Environment Court.