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File image: Woman viewing small mobile home structure in open rural field.
✓ ABC NewsPower & Policy

NSW court orders couple to quit tiny home on rural property

NSW court ruled a couple's tiny home on wheels needs planning approval, forcing them to leave.

Josh Heins and Manu Bohn parked their tiny home on wheels on a Far South Coast property in 2023. The land was zoned for farming.

A public complaint led Bega Valley Shire Council to order the home removed and demolished. The council said it was unauthorised and used as a permanent residence without planning approval.

Property owner Gordon Kelly went to NSW Land and Environment Court to argue the home was moveable and could be registered. It did not need approval, he said.

On Wednesday, the court ruled the home cannot skip NSW planning law. Even though it is technically a caravan, it must follow land-use rules.

The court found the home cannot be demolished because it falls outside the definition of a building. The Australian Tiny House Association warned the ruling may affect all tiny home owners in NSW who want to rent land or place homes in backyards.

Coolagolite, Far South Coast
Property location
Primary production
Zoning
2023
Year parked
Gordon Kelly
Owner

Why it mattersThe ruling sets a precedent that tiny homes on wheels require full planning consent in NSW, blocking an affordable housing option many hoped would sidestep bureaucracy.

AustraliaNSW tiny home owners and renters may now face new planning requirements, limiting the use of mobile homes as affordable or temporary housing solutions.

✓ Claims checked against the source. checked 27 min ago

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