So I have purchased 12 acres in Victoria and hope to start a small glamping type set up where people come can enjoy the amazing area and get a understanding of Eco/alternative living.
I was hoping to do five or so sites with a central shed for kitchen and ammenities and composting toilets at each tent site.
The area is in a Bmo area regarding bushfire overlay.
I have just been informed by my planner that I would have to apply for a caravan park permit which I can deal with and everything is subject to a LCAwhich I can also understand.
Here comes the crazy bit.
- The Planning Scheme specifies that the proposed use is a Caravan and Camping Park, this is defined as:
o Land used to allow accommodation in caravans, cabins, tents, or the like.
- We understand you seek to accommodate people in tents.
- Tents is not defined under the Planning Scheme.
- Building is defined under the Planning and Environment Act 1987 as something that includes:
o a structure and part of a building or a structure; and
o fences, walls, out-buildings, service installations and other appurtenances of a building; and
o a boat or a pontoon which is permanently moored or fixed to land;
- The definition of building does not include reference to a tent, however, it does include a structure. Structure is not defined under the Planning Scheme or the Planning and Environment Act 1987 therefore we need to look at other relevant legislation. In this circumstance the Building Regulations 2006 assists in defining a structure, as it relates to a tent, due to the provisions applying to prescribed temporary structures. Regulation 1104 refers to a temporary structure or temporary building as a tent or marquee; this would infer that a tent is a structure.
- I have also reviewed relevant case law and in Poohawk Pty Ltd v Glen Eira CC [2006] VCAT 2477 (30 November 2006) the Tribunal held that temporary storage racks fell within the definition of a building as they were a structure. Further the Tribunal made comment that a structure “must be built up with components”; a tent is built up with poles and fabric and would meet this test. The permanence can sometimes come into play; a good example would be a marquee erected in someone’s backyard for a one-off domestic party. In this example the marquee would only be setup once and would not be considered a structure that requires a planning permit. In your circumstance however, the tents will be erected over and over again, or they may be setup for a lengthy duration.
- Therefore, we form the opinion that a tent is a building and therefore to obtain planning approval from the Shire Council the tents would need to be located outside of the defendable space requirements of the Bushfire Management Overlay.
- Proceeding with the tents within the defendable space areas is likely to result in refusal by Council and we would be reluctant to represent you if you decided to pursue the location of the tents within the defendable space area.
Basically as the tent is a building and unable to meet bal ratings it must be located within the defendable space which is at least 50 meters from bush....
Has the world gone mad?
The whole reason for a Bmo is to ensure a house is built so it's defendable for fire services and insurance purposes.
As far as people's safety go that would be looked after. Under the fire response plan.
Does anyone have any ideas on how to argue this or any precedents to refer too?
Cheers
