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Heather Shearer, Valerie Bares, Rikki Pieters, Beth Winkle & Kate Meathrel
To cite this article: Heather Shearer, Valerie Bares, Rikki Pieters, Beth Winkle & Kate Meathrel
(2019): Planning for tiny houses, Australian Planner, DOI: 10.1080/07293682.2019.1632358
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Introduction
property for lower-income purchasers, and govern-
Housing affordability is a perennial problem in Austra- ment-funded housing and rent assistance payments
lia, and the country consistently ranks as one of the (Berry 2003). None of these, or the brief hiatus of the
least affordable housing markets in the Organisation Global Financial Crisis of 2007/2008, have slowed esca-
for Economic Co-operation and Development lating house prices, (Gurran, Gallent, and Chiu 2016)
(OECD) (Cox and Pavletich 2015). This trend shows because the roots of housing unaffordability are a com-
no signs of slowing, with Sydney, Melbourne, Adelaide plex mix of both supply and demand-side factors. On
and Brisbane ranked in the top 20 least affordable cities the supply side are restrictive planning policies on
(Cox and Pavletich 2018). the location and density of housing, large numbers of
Even more pressing is rental unaffordability. There unsuitable developments, slow and inefficient develop-
are limited housing options for Australians on low ment approval processes by Local Government Auth-
incomes, income support payments or pensions orities (LGAs) and NIMBYism (Not In My Back
(Anglicare Australia 2017). The proportion of the Yard). On the demand side are the desire to live in clo-
available housing stock that is both affordable and ser proximity to public transport and employment;
appropriate for people receiving benefits ranges from lowering of home loan interest rates and easy credit,
0.007% (single, youth allowance) to 27.56% (couple favourable taxation policies for investment properties,
on minimum wage, with children, FTB A) (Anglicare such as negative gearing; in-migration and speculative
Australia 2017). demand.
Unaffordable housing is also a social issue. Unequal A related issue is the distribution and size of dwell-
spatial distribution of affordable housing impacts ings. Australia also has some of the largest average
access to cultural and sporting activities and commu- house sizes in the OECD (Cox and Pavletich 2015),
nity cohesion (Berry 2003). Unaffordable housing with the average dwelling being a detached house
also impacts the environment. The exodus of workers (72.9%) with three or more bedrooms (73.3%) of 207
to distant suburbs increases private vehicle use, leading square metres (241 square metres for new buildings)
to air pollution, greenhouse gas emissions, and habitat (ABS 2013, 2017; Cox and Pavletich 2015). Household
destruction (Dodson and Sipe 2008). numbers on the other hand, particularly the ‘stereoty-
Attempts to address this problem include increasing pical’ nuclear household, continue to decrease, conco-
urban density, offering first time home buyers cash mitant with a rise in single, childless couples and
incentives, requiring new developments to set aside group households. In 2016, nearly 60% of all
(i.e., on skids, containers or relocatable/prefab houses), the neoliberal consumerism of the late 1990s, which
and permanent tiny houses. Generally speaking, the manifested in the suburban McMansions, planned
accepted maximum size of a tiny house in Australia obsolescence and proliferation of throwaway goods.
is around 37 square metres, with most THoWs under Tiny houses are often off-grid and use significantly
20 square metres. Tiny houses are often detached, less power and water than standard houses and have
and have ‘the character and functionality of a perma- a smaller ecological footprint. A 20 square metre
nent house’ as opposed to a caravan (Bares et al. house will use significantly less electricity and water
2017), with an environmental and economic sustain- in day to day operations than a 200 square metre
ability and design ethos likely reflecting the architec- house. Living in a tiny house can also reduce personal
tural pioneers of the movement. vehicle use (provided good access to quality public
transport).
Finally, tiny houses have social benefits, allowing
Benefits of tiny houses access to housing for those in lower socio-economic
Tiny houses offer a number of benefits, particularly quintiles, such as young singles and couples and
affordability and sustainability. Most THoWs are older single women. Interest in tiny houses is strong
cheaper than standard houses as they do not require in women over 55, who are also the fastest growing
the purchase of land, however, if you factor in costs/ demographic for homelessness in Australia (Shearer
square metre, tiny houses are often more expensive 2015; Petersen and Parsell 2015). Tiny houses can
per square metre than larger houses; a 200 square also increase the density of the urban area without
metre project built house can cost upwards from major disruption to the existing urban landscape, in
$1000 per square metre, while a tiny house of around contrast to building high rise apartments (Newton-
35 square metres can cost nearly 3 times as much per Brown 2017) Figure 2.
square metre. The main savings offered by tiny houses
is not having to purchase land to build the house,
Who wants tiny houses?
especially as land in most Australian urban areas, is
prohibitively expensive. Of course, it is still necessary Interest in tiny houses has grown markedly since 2013,
to have access to land (either by paying rent or by with significantly more people now building or want-
doing work for the owner). Nonetheless, owning a ing to build a tiny house (Shearer 2015, 2017). Several
THoW allows more flexibility in location, if it can companies now build tiny houses (mostly THoWs),
park without contravening planning schemes or local and granny flat builders have proliferated, especially
laws, or if illegally parked, avoiding neighbour in response to the rising popularity of granny flats
complaints. and the relaxation of legislation on letting these in
The second-most important driver in the tiny house some states (i.e., NSW and WA).
movement is environmental sustainability, and a A survey found the majority of tiny house advocates
related desire to minimise possessions. This pushback are women (around 67% of respondents), with nearly
against consumerism and housing affordability pro- 80% over 40 (Shearer 2017). Tiny houses are also pop-
blems apparently reflects a societal groundswell against ular with singles, couples and those with small or
younger families. For many, such as ‘Millennials’ seek- the highest and best use to build lower density struc-
ing to move out of home/shared premises and older tures such as tiny house villages. Finally, most LGAs
women, tiny houses offer the chance to own one’s restrict letting part of a property to a THoWs and
own home. This unwillingness to live in share houses there is no precedent in property law for this (discussed
or apartments differentiates tiny house advocates further in the following section) Figure 3.
from those wanting merely to downsize their living
arrangements. Many tiny house advocates want their
own space, to have a garden and space for pets. A Planning for tiny houses
strong undercurrent of anti-establishment ideals is evi- Given the demand for and potential benefits of tiny
dent in the tiny house movement; making apartments, houses, how can these be better incorporated into Aus-
with their often restrictive body corporate rules (and tralian cities? The Tiny House Resource and the Deep
the cost of body corporate fees) unpopular (Anson Dive investigated a number of tiny house options and
2014). This may also mirror the ‘Great Australian explored how alterations to the planning and develop-
Dream’ of living in a detached house with its own back- ment framework and building/construction controls
yard; a place for privacy, greenspace for environmental could accommodate and support this type of housing.
benefits, cooling and reduction of water runoff, and a The following scenarios were analysed in the Tiny
refuge from the stresses and trials of the world (Hall House Resource; granny flats, tiny backyard leases,
2010; Gurran, Gallent, and Chiu 2016; Moran and tiny lots, tiny villages and tiny house parks. The Deep
Moran 2006). Dive workshopped tiny houses in intentional commu-
nities for women over 55, as homeless shelters on
underutilised government land, and granny flats
Barriers to tiny houses revisited (for permanent or tourism rentals). This
The growth and establishment of the tiny house move- case study considers how the three development scen-
ment is not without its barriers, some of which are sig- arios described above could be incorporated into cur-
nificant (Shearer 2017). The most problematic are that rent legislation; permanent granny flats, tiny
LGA planning scheme provisions do not support tiny backyard leases for permanent residence, and short
houses as a feasible housing option, and it is difficult stay tiny house residences (for holiday letting) (Q Shel-
for them to comply with the Building Code of Austra- ter and ESC Consulting 2018; Bares et al. 2017).
lia/National Construction Code (BCA/NCC) (or for
THoWs, relevant State and Federal transport laws)
The granny flat (accessory dwelling unit)
(Shearer 2017). Notably, planning schemes in them-
selves do not create barriers to tiny houses, it is just Granny flats,1 if subordinate to the primary dwelling
that this form of housing has never been seriously con- house, are an accepted form of housing type in Queens-
templated for a range of reasons. Barriers also include land planning schemes. Most SEQ LGA’s (except for
the cost of purchasing or renting land in urban areas, Logan City and Ipswich City), require that a granny
and in areas zoned for multiple dwellings, it is not flat to be inhabited by members of the primary
on private property, for example, under Subordinate approval as a bed and breakfast if there was an existing
Local Law 16.6 (Camping Areas), the Gold Coast ‘ … house on site’ (Noosa Shire Council 2018).
prohibits anyone from using a caravan on private
land … Includes temporary or semi-permanent
accommodation for residential or recreational pur- Tiny lots
poses, including occupying or sleeping in, or attempt- Tiny lots are another means to include tiny houses in
ing to occupy or sleep in, a tent, caravan or vehicle.’ urban areas. These would start from about 150 square
(Gold Coast City Council 2018). metres and could be titled as freehold or Community
Nonetheless, tiny backyard leases have significant Title. The potential tiny house dweller could purchase
advantages and are ideal for THoWs. This flexible the lot and build a tiny house, or rent a lot/existing tiny
option can provide landowners with additional house. Queensland currently has a minimum lot size of
income, enable rapid access to housing in booming 300 square metres, although some LGAs are consider-
regional areas, or in areas with environmental con- ing allowing smaller lots, particularly near major trans-
straints such as flooding or bushfire. THoWs will not port corridors. In areas where the value of land is
overload the existing infrastructure, although they higher however, houses built on subdivided lots are
may require additional parking. often large (Hall, 2010; Figure 6).
and tiny houses may not be the highest and best use of to be appropriately regulated under these instruments.
the land. Caravan parks in less desirable areas often It is difficult for THoWs to comply with the BCA/NCC
have limited access to services and high frequency pub- and QDC, particularly for ceiling height, stairways and
lic transportation and may be stigmatised as places for environmental performance (Q Shelter and ESC Con-
‘permanents’, who for various reasons, cannot access sulting 2018) as they are simply not contemplated as
the rental market. This type of property is legal in part of the code.
Queensland. If a tiny house cannot be categorised in a particular
planning scheme, for example, as a granny flat or tem-
porary dwelling, they typically fall under the relevant
How can tiny houses become a supported
local law applying to camping on private lands.
form of housing?
THoWs, however, are neither temporary dwellings
With the exception of a fixed granny flat, tiny houses (as people often choose to live in them permanently)
are not recognised by the majority of planning schemes nor are they caravans.
in Australia. Moreover, some sections of the Building Regardless of their legal status, tiny houses are an
Code of Australia (Volumes 1 and 2 of the National increasingly popular housing form, particularly for cer-
Construction Code (BCA/NCC)) (Australian Building tain demographics. They can provide a flexible housing
Codes Board 2018) or the Queensland Development option to support housing diversity and density. Tiny
Code (QDC) (Queensland State Government 2015) houses can be a sensitive and appropriate infill option
would require some relaxation to ensure tiny houses that contributes to the existing housing stock in low to
medium density residential zones with relatively large In achieving the population growth anticipated by Sha-
lots (the ‘missing middle’). pingSEQ, tiny houses can contribute to housing afford-
This paper argues it is desirable for tiny houses, as ability and increasing residential densities within
an emerging form of housing within planning and established residential communities without under-
development, to be recognised in legislation, including mining the character and pattern of development.
the BCA/NCC and QDC to ensure compliance with Tiny houses could be included within the ‘Hidden den-
safety, design, residential amenity and infrastructure sity/small scale infill’ housing achieving densities of
provision. Further, construction and building stan- between 15 and 20 dwellings/hectare.
dards will need to be altered as some aspects of the
BCA/NCC do not contemplate tiny houses (as per
Planning schemes
the IRC Code),and the QDC will need to be relaxed
in a proposed tiny house appendix (as per the IRC Under the Planning Act 2016 (Qld), planning schemes
Code (ICC 2017)), for example stairway construction are means by which a LGA provides for strategic plan-
and ceiling height (Bares et al. 2017). ning and development, taking community aspirations,
Considering the current planning and development local factors and State Government interests into
framework, tiny houses represent a semi-legal outlier, account (Queensland State Government 2016b;
often hidden in rural areas, which results in current DILGP 2018). The Planning Regulation 2017 (Qld), is
occupants being at risk of being moved because of subordinate legislation which sets out, amongst other
potential complaints or council restrictions. This may things, standards for planning schemes, assessment
appeal to an anti-establishmentarian subsector of the categories, definitions, referrals etc. Full and proper
movement, but may impede the inclusion of tiny planning requirements/ parameters for tiny houses
houses into the mainstream urban fabric. The lack of could be incorporated into the Planning Regulation
controls on building standards could also result in 2017 (Qld) but such an amendment would need to be
sub-standard safety and increased risk for tiny house supported and undertaken by the State government,
builders or inhabitants. So, how can tiny houses be along with consultation with local government and
incorporated into legislation as a regulated form of the community.
housing in urban areas? This paper now considers LGAs change planning schemes when required to
the planning and building legislative framework and do so by the State or legislative timelines (every ten
suggests three options; incorporation in state policy years) or as they determine necessary. The State Gov-
and planning schemes, local laws and the QDC. ernment provides a Statutory Guideline, Making and
Amending Local Planning Instruments, with steps for
major, minor and planning scheme policy amend-
State Planning Policy 2017
ments (Department of Infrastructure, Local Govern-
The State Planning Policy 2017 (SPP) is a key com- ment and Planning (DILGP), 2017). Incorporating a
ponent of Queensland’s planning system, and outlines new assessment type such as a new dwelling category
the state’s interest in land use planning and develop- would likely be considered a major amendment. This
ment (DILGP 2017). The SPP is used in plan making process is relatively complex and time consuming
and development assessment decisions. A state interest and includes public consultation. Along with support
is defined under the Planning Act 2016 (the Act) and from the State Government and LGA’s recognition of
under the Act each local government planning scheme tiny houses in the Planning Regulation 2017 (Qld)
needs to set out integrated state, regional and local and planning scheme’s is the optimal way for tiny
planning and development assessment policies for the houses to be recognised in planning law. Whilst it is
LGA. The SPP sets out the requirement for providing acknowledged that changing legislation can be a
a diverse, affordable and comprehensive range of hous- lengthy process; the inclusion of tiny houses within
ing options in accessible and well-serviced locations. the planning framework provides certainty to the com-
Tiny houses can contribute to the state interest for munity, lending institutions and investors and a regu-
planning for liveable communities and housing. latory foundation to be able to deliver tiny houses in
appropriate circumstances.
South East Queensland Regional Plan
Local laws
The South East Queensland Regional Plan 2017 (also
known as ShapingSEQ) is the regional plan for the Individual LGAs control the local laws process, but the
South East Queensland region (Queensland State Gov- Local Government Act 2009 (Qld) imposes specific
ernment 2017b). ShapingSEQ provides a regional fra- requirements, including checking for State Interests
mework for growth management and infrastructure and public notification (Queensland State Government
and sets planning direction for sustainable growth, glo- 2009). The State Government Guidelines on Drafting
bal economic competitiveness and high-quality living. Local Laws (Queensland State Government 2016a)
AUSTRALIAN PLANNER 9
also requires local laws to be consistent with the Local become older or life circumstances change. The tiny
Government Act 2009 (Qld), with the exception of Bris- house typology has potential for ‘ageing in place’.
bane (City of Brisbane Act 2010 (Qld))(Brisbane City Nonetheless, the legal status of tiny houses remains
Council 2010). unclear and this prevents many from taking advantage
Local laws control activities such as camping areas, of this housing form. Some types of tiny houses, such as
rental accommodation, etc. In the case of THoWs, a granny flats, are accepted forms of development, with
local law on rental accommodation could be amended some limitations such as being subordinate to the pri-
(or a subordinate local law specifically on tiny houses mary dwelling, and also require ownership of land.
enacted) to control the siting, licensing, control of THoWs are undefined in planning legislation.
wastes, etc. for the tiny house. This could be a quick Although they are treated as ‘caravans’ under transport
and effective way for LGAs to recognise THoWs but regulations, they are dissimilar, and are not intended to
is only a short-term solution, as tiny houses still require be regularly moved. Nonetheless, they remain unregu-
recognition in planning schemes and/or in State plan- lated as permanent dwellings in all LGAs, with the
ning provisions and the QDC. exception of Brisbane City and Logan City. They are
legal as temporary dwellings in most LGAs, but only
if the landowner is building a permanent dwelling or
Queensland development code
if used as caretaker’s accommodation.
The QDC is part of the Building Act 1975 (Qld) Granny flats used as Airbnb are generally accepted,
(Queensland State Government 1975), and consoli- although THoWs are in a relatively ‘grey’ area. Few
dates Queensland specific building standards into a LGAs have policies on Airbnb, but these generally fall
single document. It incorporates both mandatory and under policies on bed and breakfast accommodation.
advisory standards (Queensland State Government, If permitted, it can be quite expensive and onerous to
2015). The advisory standards are considered model get LGA permits for tourist accommodation.
standards for LGAs to incorporate, with appropriate The current status of tiny house legislation is
local changes, into planning schemes (Queensland unclear, with an identified need for consistency across
State Government, 2015). If any inconsistency, the planning schemes (Q Shelter and ESC Consulting
QDC takes precedence over the BCA. 2018). This paper recommends leadership from state
The QDC has a number of sections in which tiny planning authorities where state-wide planning pro-
houses could be considered; including Part 1.0 Siting visions could be prepared in consultation with local
and amenity – Detached housing and duplexes; Part authorities and local communities. Local authorities
3.0 Special buildings and Part 4.0 Building sustainabil- could adapt and include specific provisions and
ity, or in the non-mandatory parts. It may be appropri- requirements which would be necessary to best suit
ate to include tiny houses in Part 3.0 Special buildings. individual communities. This would provide the tiny
Incorporating tiny houses into the QDC would be a house sector with certainty and confidence in terms
powerful lever to persuade LGAs to recognise this of development proposals and financing options.
housing form. Practically, incorporating tiny houses into legis-
lation is possible, and could be achieved with recog-
nition in state and regional planning processes and in
Discussion and conclusion
LGA planning schemes, Local Laws and QDC pro-
Tiny houses are a viable option for permanent or tem- visions. It is also suggested that LGAs be approached
porary housing to improve affordability in Australian to exempt THoWs from local law camping prohibi-
urban areas. They can be environmentally sustainable, tions until they can be included legitimately in plan-
contribute to housing and residential density in the ning schemes or specific local laws clearly
‘missing middle’ and offer attractively designed and differentiating between THoWs and other temporary
innovative homes. Tiny houses can effectively increase mobile dwellings, such as caravans.
urban density by infill development in already developed, Pertaining to the revision of a planning scheme, a
older suburbs with established connections to employ- model code could be devised specifically for tiny
ment hubs, public transport and other urban amenities. houses, with provisions made, as per temporary dwell-
Strong interest in and demand for tiny houses is evi- ings, for design and architecture, residential amenity,
dent from a wide range of demographics; such as waste and water provision and removal, siting and lay-
younger people wishing to enter the housing market, out requirements, etc. In this way, LGAs can amend
older singles, long term renters and those on reduced this according to the specific local area (i.e., planning
incomes. Tiny houses can facilitate a wider diversity scheme zones, etc.). This would also allow local auth-
of people living closer to the city, with positive social orities to regulate and manage the planning and
and economic benefits. Existing landowners can lease approvals processes, building process, health and safety
part of their property to tiny house owners, or move aspects, infrastructure provisions and titling, where
into a tiny house and let the larger house as they appropriate.
10 H. SHEARER ET AL.
Note Dodson, J., and N. Sipe. 2008. “Shocking the Suburbs: Urban
Location, Homeownership and Oil Vulnerability in the
1. A granny flat (or accessory dwelling unit) is a small Australian City.” Housing Studies 23 (3): 377–401.
secondary dwelling, either connected or at a short dis- doi:10.1080/02673030802015619.
tance from the main house, commonly used to house ecobuilding.org. 2017. “2018. Tiny Houses Appendix Q in
adult children or elderly parents (i.e. granny) International Residential Code.” http://www.ecobuilding.
org/code-innovations/policy-profiles/2018-tiny-house-ap
Acknowledgements pendix-to-residential-code/tiny-house-appendix-q-as-pro
posed.
The authors would also like to acknowledge the work of the Gold Coast City Council. 2018. “Subordinate Local Law 16.6
following people: Lara Nobel, Andrew Carter and Fiona (Camping Areas).”
Caniglia. Gurran, Nicole, Nick Gallent, and Rebecca L. H. Chiu. 2016.
Politics, Planning and Housing Supply in Australia,
England and Hong Kong. New York: Routledge.
Disclosure statement Hall, Tony. 2010. “Goodbye to the Backyard?—The
Minimisation of Private Open Space in the Australian
No potential conflict of interest was reported by the authors.
Outer-Suburban Estate.” Urban Policy and Research 28
(4): 411–433. doi:10.1080/08111146.2010.496715.
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