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Threat of $1.1 million fine for building cubby house.

Image: The offending cubby house. Picture: Tracee Lea, Source – News.com.au.

We are plodding along at a pace set by centralized planning, red tape, rules without responsibility, and regimentation without recourse. – Barry Goldwater, 1964.

It is often said that government in Australia is out of control, a situation that could be a great deal worse if the federal government was not mired in gridlock of minority status. Probably the worst example of draconian overregulation though tends to come from local authorities where minor political functionaries in hundreds of councils across Australia impose their will on the residents of their allotted ministate, usually claiming that the state or federal governments require it.

You just couldn’t make up though, the reaction of Wollongong City Council to the building of a child’s cubby house:

Earlier this year, Sonja Keller and husband Andrew Bergmann used leftover building supplies to build the cubby for their son, Yaan, 9, behind their home at Tumbling Waters Resort in Stanwell Tops.

They returned from holidays before Christmas to find mail telling them to remove the cubby as it posed a bushfire threat and they did not have "development consent".

"Council has become aware that a cubby house has been erected within the premises adjacent to a dwelling; within a bushfire prone and environmentally sensitive area, without development consent," the council wrote.

"Failure to comply with the order is an offence under section 125 of the (Environmental Planning and Assessment) Act. The maximum penalty for that offence is $1,100,000.00 and a further daily penalty of $110,000.00.

"If the order is not complied with, Council may give effect to the order and recover the costs of doing so from you."

Mrs Keller said council staff first inspected the cubby house earlier this month.

"Three people from the council came to inspect some of the work we had done at the resort," he said.

"I thought they were joking when they said they needed to look at the cubby house."

She said the cubby was barely visible from the street and no more of a fire risk than other garden furniture.

"This decision is a joke. It's ridiculous to say it's in a fire-sensitive area," she said. "The garden shed is in a fire-sensitive area. The pergola is in a fire-sensitive area. The whole house is in a fire-sensitive area."

Years ago someone said that you would suffer a lower penalty for murder than what you would cop for breaking some of the ‘orderly marketing’ laws, and this is fairly consistent with this thought. It seems that the smaller the authority, the more snarky and authoritarian the petty functionary that is attracted to it is.

While it is unlikely that the maximum fine would be imposed, (they are not farmers and it is the council, not the Department of the Environment) we have to seriously question just what sort of nanny state we have inflicted on us to have a local authority claiming these powers.

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Permalink Reply by Robert William Nickisson on December 31, 2011 at 8:37am

Hi Jim,

I have christened my Local Wyong Council the Animal Welfare Central Coast Wyong Council as they are run by a male Mare and a herd of Goats. Similar to your Council down there here they devise Laws and annoyances over and above ALL they are entitled to do JUST because this United Nation Rubbish called at the moment Climate Change and lapped up and embraced by our PM Julia the Liar Gillard has given them control over something that if IT HAD TO BE CONTROLLED was the PROBLEM of the NSW STATE GOVERNMENT and NOT Local Councils. But little people love the thought of having power and really before Climate Change all they had to concern them was whose turn it was to be the next MARE. The following is taken from a reply I made to another discussion on Just Grounds as it seems appropriate to add here.

If ever a Council should be dismissed by the State Government take note BOF this mob of Lame brains is a prime example of self- important little people abusing Power. But it’s common to all Councils this new way of demanding obedient submission. Using a Pile driver to put in a pin. All Councils have been emboldened by this I feel totally illegal UN mandated rubbish they are forced or in most cases choose to enforce as it gives them a new Power over the people they were elected to serve. Forget Roads, forget Garbage, forget all the tasks they were elected to perform there is only Climate change and Sea rise in the next 100 years and of-course CUBBY HOUSES important enough for the brilliance of the NSW Coastal Councils.

Robert William Nickisson

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Permalink Reply by Rory Donnellan on December 31, 2011 at 1:40pm

Soon we might not be able to breathe without first getting the required permit from the local council, and paying the hefty application fees.

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Permalink Reply by Jim Fryar on December 31, 2011 at 5:00pm

I generally don't watch them either but I assume the influence would depend on the degree to which the public are outraged by what is presented and the way it is done. If they really wish to make a difference they can follow up with attempts to interview councillors and staff and possibly raising it with the local government minister and raising other examples of out of control bureaucrats.

We'll see what happens.

Dale Stiller said:

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Permalink Reply by Martin Essenberg on December 31, 2011 at 7:48pm

The behavior of silly councils is not news to me.

I used to live in the region of the Moss Vale Council back in the early 1980's. This council is just up Macquarrie pass just above Wollongong City Council.

At one stage I was notified by the Moss Vale Council that my land was being rezoned from Rural 1B to environmental. I appealed and without being given an opportunity to make my case to any tribunal I was sent a photocopy letter stating that my objections had been rejected.

Subsequently I was ordered by council to remove a wooden structure that I had built without permission or face prosecution- I demolished the structure

Subsequently I was ordered to vacate the property because despite me owning it I was not allowed to live in a tin shed (which was legally built with coucil permission) on my property. In this case I refused so I was summonsed to Moss Vale court where I was fined $50, court costs of $14 and council costs of $120. This was a lot of money back in the 1980's.

I did not pay the fees and was then sent to Goulbourne Goal for a period of 8 days. I didn't go to the shower block for 4 days just in case, and when I did I made sure I didn't drop the soap. I did OK with the thieves, the murderers thought I was a drongo, and I was only assaulted once in a minor way.

I stayed illegally on my property for another 18 months then sold and left in 1986 without any further problems with that council. I have had problems with others since

Don't get the idea that council prosecuting people is a new thing because of yuppies, greenies etc. I seem to recall hippies being hauled off land around Nimbin back in the 1970's.

Councillors often own local real estate offices, building contractors, or large properties and enter council to make money and control their fiefdoms. All you peasants out there are just there to pay your rates and touch your forelocks as required.

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Permalink Reply by Robert William Nickisson on January 1, 2012 at 7:06am

Hi Rory from July 1 you will still be allowed to breathe but you will have to pay for the AIR courtesy of Julia the Liar Gillard and her New Years message to ALL, One step Forward FIVE steps Backward. Robert WN

Rory Donnellan said:

Soon we might not be able to breathe without first getting the required permit from the local council, and paying the hefty application fees.

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Permalink Reply by Michaelng Clayton on January 3, 2012 at 11:57pm

Hello Jim an all

Some good audio's about property rights.

Councils have no authority to tell you what you can do on your property. More so if you don't approach then for a permit.

You will learn a lot by listening to most adios at this site.

Listen To Australian History And Common Law

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Permalink Reply by Michaelng Clayton on January 14, 2012 at 9:57pm

More Direct Link Listen To Australian History And Common Law2 Second Page

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Permalink Reply by Brent Cameron Melville on January 15, 2012 at 2:15pm

Crucial point Michaelng. The Queensland Local Government Association was once given a commentary (officially not legal advice) by it's solicitor. The document was titled "Pet Owners, Pet Licences and Obligations (15/6/2007)" and it notes: "Most Councils are aware, through case records, that the courts have consistently ruled in favour of pet owners and hobby breeders who have lawful use rights. The matter of Payne was one such ruling against Esk Shire Council's intervention. It followed the precedents of Kemp and Barlow in the Pine River Shire. In the Engel case, where a dog was seized illegally, the council was held to have had NO HEAD OF POWER. (emphasis in original document). The Local Government Department issued a memo to all local authorities so there can be no doubt the issue is widely known throughout local government. In 1995 legal advisers to some local authorities provided information in writing that lawful use cannot be extinguished..."
You might like to write to the Local Government Association Queensland and request a copy of this document "Pet Owners, Pet Licences and Obligations (15/6/2007)" It is very revealing and shows councils are blatantly ignoring the law in regard to "lawful use" rights of residential property.

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Permalink Reply by Michaelng Clayton on January 15, 2012 at 5:43pm

Hello Martin All

Yes corrupt councils have existed for an eternity. My grandmother (dads mum) had a prime piece of land near a railway. The council compulsory acquired it at LOW Cost; saying they needed it for a project. The land remained unused for about 30 years and then; ... The Council sold it for millions of dollars. They stole my fathers inheritance.

Reply by Martin Essenberg on December 31, 2011 at 7:48pm

The behavior of silly councils is not news to me.