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 4/17/2012 9:45 AM
 

Subject: Brains Trust Question - Bushfire compliance of transportable homes

Hi All – Brains Trust Question…..
Please reply to all……………….
I have a question for the Brains trust, can you please circulate?
I have had an applicant that wants to build in a bushfire prone area.
I have supplied them with a BAL they will need to comply with and advised that they get there new dwelling appropriately designed to suit the BAL..
They have taken this on board but have received advice that transportable homes are exempt from the requirements to comply with bushfire requirements!!
Does anyone out there know if this is correct or not? I do not believe this to be the case, but I have not come across it before.
Any comments
Roger McGrath
Deniliquin Health and Building Coordinator

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 4/17/2012 9:49 AM
 

Hi Roger,

As discussed, any building ( including commercial and industrial buildings) that are located on bush fire prone land are subject to the requirements of Planning for Bushfire Protection 2006. A transportable dwelling is still a dwelling and therefore must comply.

Regards,

Ralph Tambasco

Director of Development and Environmental Services

Junee Shire Council

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 4/17/2012 11:03 AM
 

Hi all

The best is to read the first 2 chapters of Planning for Bushfire Protection (PBP)

PBP refers to residential dwellings (and other types of development)

The book does not differentiate between how the residential structure is put together.

If a development application or a CDC is required In all cases they need to satisfy

1. the aims and objectives of PBP (page 1) and

2. specific objectives contained in Chapter 4.3.2 and

3. Specifications and requirements Chapter 4.3.5

4. Or an alternative solution (that must be referred to the RFS for comment)

5.

If your client has a different point of view ask him to show you the details

And should he be right the Council has a duty of care under the other planning heads of consideration to consider the matter (and to do this you would use the PBP and AS 3959 as a guide)

I hope this is of some help

Michael Foley

Building Surveyor

AlburyCity

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 4/17/2012 11:20 AM
 

This might be out of left field.

But is the Transportable Home company trying the Section 68 approval under the Local Govt Act route.

This is something that they try on us here from time to time, in order to get away with not having to get a Basix.

Is this a ploy to now not require compliance with Bushfire protection.

This is not something that we encourage and I am not trying to condone the practice, but it would be good to get opinions on this matter.

Ta

Tony Donoghue

logo1.jpg

Executive Manager, Planning and Environmental Services

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 4/17/2012 11:42 AM
 

Dear Tony,

A transportable house cannot be approved by way of a construction certificate – see attached circular.

Regards

Colby Farmer
Manager Development Services

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 4/17/2012 11:46 AM
 

So in Summary

Am I right in saying that the DA (EP&A Act) for land use triggers bushfire, but the Section 68 (issued in lieu of the CC) does not require Basix.

Tony Donoghue

logo1.jpg

Executive Manager, Planning and Environmental Services

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