Council publishes housing related legal advice
Bega Valley Shire Council has made the decision to publish on its website, legal advice it received in relation to ‘same day granny flats’ and what constitutes a ‘moveable dwelling’.
27 September 2024
Bega Valley Shire Council has made the decision to publish on its website, legal advice it received in relation to ‘same day granny flats’ and what constitutes a ‘moveable dwelling’.
The legal advice was included in a confidential attachment to a Council report earlier in the year.
Council Chief Executive Officer, Anthony McMahon said the decision to publish the advice on Council’s website comes after the NSW Civil and Administrative Tribunal (NCAT) recently determined the release of information to the Social Justice Advocates (SJA) of the Sapphire Coast Incorporated under the Government Information Public Access Act should occur.
“We did have the option to appeal the NCAT decision but decided to instead publish the advice for everyone to see given NCAT’s determination that legal professional privilege on the advice no longer existed,” Mr McMahon said.
“The legal advice supports the position there is no current legal pathway to approve these particular ‘same day granny flats’ in this configuration and installed in this way under the Local Government Act 1993.
“The current legislation surrounding these type of structures in NSW is not clear and the NSW Government has commenced a review to hopefully provide greater clarity. However, this is taking longer than all stakeholders would ideally like and in the meantime we rely on court precedence which essentially fills the legislation gaps.
“Given the previous resolution of Council which essentially had the result of deferring dealing with the ‘same day granny flats’ currently located at Gipps Street, Bega for nine months and that the NSW Government has not finalised its review, staff will need to prepare a further report to Council in coming months.”
The legal advice can be accessed on Council’s website.
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