When a house is not a house


Is it really the case that hobbies and ‘backyard activities’ need planning approval?

It is interesting to ponder the possibility that one’s hobby may be breaching planning laws. The application for a helicopter landing and taking off from a one man’s house at Bargara has sparked a lot of controversy but there is another aspect that raises more questions than it answers.

Right throughout Bundaberg and beyond, people have all sorts of pastime activities that mostly fly under the Council planning radar. Hobbies and the like are mostly innocuous, or in some cases potentially an issue but neighbours are tolerant. Nobody will know about your penchant for collecting stamps but flying a helicopter is hard to keep hidden. The trouble is where does a council draw the line between what is harmless and what might offend.

In my neighbourhood

Take for example in my neighbourhood, I know of several people who restore old cars, sometimes working late at night and on weekends. Nearby residents could complain about the noise of angle grinders and the smell of paint fumes but I suspect good neighbourly relations prevail.

You may have noticed that family down the road, the one with several teenage sons who love their cars. They tune them, repair them, show them off, park all over their front yard, and come and go late at night. We put up them, well more or less.

What about someone who has an aviary with a thousand birds, or the earthmoving contractor who parks his truck and earthmoving machinery at home leaving early in the morning for the next job? What about the garage band in the backyard shed, or the weekly self-help group meeting, or the school bus parked in the side yard, the ham radio operator, or the elderly gentleman making kids furniture and toys for charities. The list is endless. You get the idea.

But do they really need approval?

Do all or any of these need a planning approval? To be frank, we are not sure that any of them really do.

Some unanswered questions 

So, to the specific case of landing a helicopter at someone’s place, there are several questions to which neither we nor Bundaberg Regional Council appear to have a satisfactory answer…unfortunately!

  1. How many times could someone land a helicopter at a house before it becomes a use of land and need Council approval?
  2. What about landing a helicopter at a business or on a farm?
  3. What about a very very small single-seater electric helicopter, one that made no noise?
  4. And getting even smaller, what about flying a drone? (Well actually, a 2 kg drone could kill someone.)

Where do you draw the line? 

You can probably get the picture—that it is difficult to draw the line between what needs an approval and what doesn’t. It is arguably even more challenging to decide what should receive an approval and what should not.

What about looking a little to the future where jetpacks or hover-bikes might be a preferred transport mode for commuters?


World's first commercial jetpack set for 2016 launch

Planning scheme definition of detached dwelling 

Different planning schemes have until recent times all had their own, but similar, definitions for ‘Detached Dwelling’ (i.e. just an ordinary house). The traditional response to whether an approval was needed was something like…if family members carried on some ‘incidental and subordinate’ non-business activity at their dwelling it was probably ‘ancillary’ to the detached dwelling. No approval would be necessary. I like it…it's simple.

The view of the courts

The courts, and consequently councils, appear to have the view that to avoid being ‘development’ the new activity needs to be "...necessarily, unavoidably, or inevitably, associated with or involved in the primary use”, i.e. a detached dwelling. While we can readily see how landing a helicopter is not inevitably associated with a house—neither are most of the hobbies and activities presented earlier. My neighbours do not need to have an aviary or restore their vintage cars to live in their houses—they are not necessarily, unavoidably, or inevitably associated. It is ‘development’ that is not a detached dwelling and requires a planning approval.

New planning schemes

New planning schemes in Queensland, including the new Bundaberg Region Planning Scheme expected later in 2015, include a statewide definition:

"Dwelling house - A residential use of premises for one household that contains a single dwelling. The use includes domestic outbuildings and works normally associated with a dwelling and may include a secondary dwelling.”

This new definition is potentially even more confusing. What does it mean when it says the use includes domestic outbuildings and works? It probably intends to say that the use includes "activities normally associated with a dwelling and domestic outbuildings and works”. That still merely restates the current situation in which nobody really knows what is ‘normally associated’ with a dwelling.

Conclusion - our suburbs may be packed with unlawful uses 

So where does all this lead? Good question!

Does it mean that our Council should take enforcement action for a range of backyard ‘uses’ and ‘development’ occurring within our suburbs? Well yes, if they are to treat everyone fairly. Our suburbs would be fun-free zones however, very peaceful and quiet but without life or activity.

Imagine the outcry over that! There would be rioting and bloodshed in the streets!

(0 Bytes)