Bundaberg council launches legal action against Kirt Michael Anthony over alleged illegal property development

Bundaberg council has launched legal action against a former maverick mayoral candidate over his storage container home and providing accommodation in the midst of a housing crisis.

Bundaberg council has launched legal action against former mayoral candidate Kirt Anthony for allowing people to stay in tents and caravans on his suburban property.

Bundaberg council has launched legal action against former mayoral candidate Kirt Anthony for allowing people to stay in tents and caravans on his suburban property.

A Brisbane law firm acting on behalf of the Bundaberg Regional Council lodged an application with the Planning and Environment Court on Friday, February 9 with Kirt Michael Anthony listed as the respondent.

Mr Anthony contested the 2020 Bundaberg mayoral race as a maverick candidate, using the campaign hashtag #madmandildo and criticising the road design near the Bundaberg Airport, which he said from the air looked like a phallic object.

MORE NEWS: ‘Mandate for change’ or ‘confidence’: Mayor hopefuls make final pitches

After moving to Bundaberg from Perth, Mr Anthony purchased a 1012sq m block of land at 74 George St, Bundaberg South and built a two-storey dwelling on the property using two shipping containers.

Kirt Anthony's property was featured in a Courier Mail article on “the most bizarre home for sale in Queensland”.

In a 2016 Courier Mail article on “the most bizarre home for sale in Queensland” Mr Anthony described the dwelling as an “Esky on legs”.

On Monday, March 11 the property was listed for sale by a local real estate agent, accepting offers $250,000 for the property including “a two-storey, fully airconditioned storage container”.

The listing states the container includes a kitchenette, bathroom, mirrors and cabinets, bedroom area, TV aerial, six power points and a fire safety alarm.

The agent declined the listing on Thursday after learning of the legal action underway against Mr Anthony.

As detailed in the application lodged by the Bundaberg Regional Council, council issued enforcement notices to Mr Anthony regarding alleged unauthorised building works he had done on the lower level of the dwelling, which is below the flood line defined in the area.

Council alleged the works completed since July 12 last year made the lower level a self-contained residence, meaning the entire structure became a dual occupancy dwelling.

Under council’s planning scheme, construction of a dual occupancy dwelling requires development permits subject to assessment by council.

Council also alleged people had been staying on the land permanently, living in tents or in a caravan supplied with electricity while paying Mr Anthony a fee for the occupation of his land.

Permanent accommodation in tents or a caravan does not fall within any of the categories permitted for the medium density residential zone within which the property lies, and thus also requires assessment by council.

The property included a tent, caravan and the two-storey shipping container dwelling on Tuesday.

Council asked the court to stop Mr Anthony from carrying out any further development without the necessary permits and cease the unauthorised accommodation in tents and caravans.

It also wants Mr Anthony to undo the construction completed on the shipping container dwelling so that the lower level is no longer a self-contained residence and pay the council’s legal fees.

Mr Anthony did not respond to requests for comment, and none of the occupants of the property were available for comment on Tuesday.

The property is bounded by a high wooden fence topped with spikes, displaying signs warning of video surveillance.

A tent and caravan could be seen on the property, in addition to the two-storey shipping container dwelling.

The property is bounded by a high wooden fence topped with spikes, displaying signs warning of video surveillance.

A neighbour, Eddie Lockwood, said he had seen around two people living in the tent and caravan, and a man aged in his late 20s living in the shipping container who worked as a taxi driver.

Mr Lockwood, 75, said apart from “a couple of rowdy nights”, the occupants were “quiet as a bloody mice” and did not cause any problems for anyone living in his home.

Another man who lived with Mr Lockwood, Norm Newman, agreed, saying the occupants “keep to themselves”.

“They were always very polite, they helped me to move in and carry stuff up the stairs,” he said.

Mr Lockwood said in the current climate of cost of living pressures and low rental vacancies, council should refrain from strictly enforcing the planning regulations to allow the occupants to continue living on the property, or find them alternative accommodation.

“They ought to be a bit more relaxed to allow people who are homeless get a place they can call home,” he said.

“They’ve got to have somewhere to bloody stay.

“The onus is on council to get them a place to stay, even if it’s just a short-term rental until they can get on their feet.”

Neighbour Eddie Lockwood said council should relax its planning regulations to allow people to stay in the property during the current housing crisis.

A Bundaberg Regional Council spokesperson declined to comment, saying council does not comment on matters before the court.

Council came under fire in December 2023 for moving on homeless people living in caravans from Lions Park under threat of a $7000 fine.

MORE NEWS: How standard police check exposed pub worker’s drug supply web

At the time, council CEO Steve Johnston said the primary responsibility for addressing homelessness in the region lies with higher governments.

“This problem is not unique to our region and while we stand ready and willing to help the primary responsibility for these matters lies with the state and federal governments,” Mr Johnston said.

The hearing is scheduled for the Planning and Environment Court in Brisbane on Monday, March 18.