Transportable units providing temporary housing for the homeless funded by the community have become tangled in council red tape, with council staff claiming the proper authorities weren't sought prior to installation of the units.
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In recent months, the Social Justice Advocates of the Sapphire Coast (SJA) purchased and installed five transportable housing units using funds donated by the community.
The three units called into question by council were installed behind the Uniting Church in Bega on August 19.
Despite a lengthy period of correspondence between council and SJA, council has now claimed these three units were connected to its sewer network without approval.
Council maintains the only way SJA could regularise this unapproved development would be through a formal development application process. A process that would incur fees for SJA.
According to council staff, SJA was advised on the need for a development application or complying development pathway for each location intended for installation, other than the caravan park in Pambula which triggered different requirements.
Sympathetic to SJA and the community funded dwellings, Greens councillor Cathy Griff has tabled a motion for the council meeting on Wednesday, November 16, requesting council prioritises the DA and waives development assessment and principal certifying authority fees.
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Cr Griff has tabled in the motion that council acknowledge unapproved development was "inadvertently" undertaken, "with the intent to provide affordable and immediate housing to vulnerable people at risk of homelessness".
The motion also requested council assess the temporary dwellings with the view of avoiding making anyone homeless.
In the response, council staff said while it understood SJA's intent was to provide short-term affordable housing for the Bega Valley Shire community, "there is very little flexibility with the approval pathways".
In late August homeless families were moved into the crisis accommodation units.
Council has said it has a responsibility under the Environmental Planning and Assessment Act 1979 to consider whether an order it may impose will result in a person or family becoming homeless.
In council notes, it said the Act would require council to provide the residents with information on alternative accommodation as well as any other appropriate assistance.
"We will work closely with SJA to minimise the risk of anyone becoming homeless throughout this process."
Council staff have also indicated that if the DA was approved for the Uniting Church site in Bega, the units would still be required to meet s68 requirements, including minimum ceiling height and bathroom floorspace.
"These requirements are not flexible."
Council maintains SJA was informed of this via email from Alice Howe, council's former director of community, environment and planning on March 9, 2022.
According to council, if the units do not meet the minimum requirements, a building information certificate would be required, noting the building still needed to comply with the Building Code of Australia.
"It is recommended that SJA submit a BCA compliance report with the DA for council's certification team to review and advise on," council staff said.
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