Family Overturn Council’s Instruction to Remove ‘Caravan’ From Backyard

A family from the Currans Hill area of Sydney has successfully defended their right to keep a caravan-like structure in their backyard, reports Domain News. 

The Russell family had arranged for the cabin-like caravan to be delivered by crane into their garden to provide accommodation for one of their daughters and her partner.

However, Camden Council viewed it as an ‘unauthorised development’ and ordered that it be removed.

Unwilling to accept this decision without a fight, the Russells appealed against it to the Land and Environment Court, which then had to decide whether the structure met the definition of a ‘mobile dwelling’ as set out in the Local Government Act.

In the Russell family’s favour was the fact that the structure has wheels and a number plate and is also apparently registered with the NSW Roads and Maritime Services as a caravan.

The Land and Environment Court Commissioner hearing the case has now found in favour of the Russell family, saying that:

“There can be no doubt that the structure is a caravan used for human habitation and thereby within the definition of a moveable dwelling.”

She went on to say that the family was therefore not required to obtain development approval from the Council for the caravan, and the direction to have it removed was invalid.

A spokesperson for VanHomes, which supplied the caravan to the Russells, has said that the Court’s decision could lead to many more families opting to buy similar structures to provide more affordable housing solutions for family members unable to otherwise get on the property ladder.

Contact Us

Szabo & Associates, Solicitors can offer expert advice on a wide range of Conveyancing and Property Law issues, including property development and planning disputes (both trying to prevent them and helping resolve them). If the need arises, we have expertise in both Supreme Court and Land & Environment Court litigation. Please call us today on (02) 9281-5088 or fill in our online contact form.