Birches Bay: Kingborough Council takes court action to force residents to remove bushfire bunker

A family in southern Tasmania installed a $20,000 bunker to keep them safe from bushfires. Now the council is taking them to court to get them to remove it. HERE’S WHY >>>

A Birchs Bay resident is being taken to court by the Kingborough Council to force her to remove a fire bunker.

Wendy Edwards said she installed the bunker as a precautionary measure and is distressed at being asked to take it out.

“I’m surrounded by thick bush up a dead end road, obviously fire is something I’m aware of and concerned about,” Ms Edwards said.

“We could wake up to find ourselves surrounded by fire.

“It’s that absolute worst case scenario.”

After reading about fire bunkers accredited in Victoria, Ms Edwards had one shipped over and buried at her property.

The bunker along with installation cost her about $20,000.

bushfire bunker

But what Ms Edwards didn’t realise was she needed a planning permit to install the bunker.

“I installed it thinking incorrectly that it wouldn’t need a planning permit because it’s under three-by-three metres which you don’t need a permit for,” she said.

When she found out, she tried to get retrospective approval and was given a deadline of January this year.

“We’re a bit amazed, we have been trying very hard to get it passed, and the process seems to be incredibly long,” Ms Edwards said.

“Our fire engineer did his assessment and said it should be passed.

Wendy Edwards inside the bushfire bunker at Birchs Bay. Picture: Chris Kidd

“We’ve found it very difficult, we’ve struggled for information or direction from the council.”

Now the council is seeking legal action to force Ms Edwards to remove it.

“The council have decided to prosecute us, we received a summons in the second week of June about having an unapproved building on our property.”

“It’s a bit distressing.”

Ms Edwards said she’d asked about the possibility of keeping the space and using the space for something else.

“I use it to dry the pumpkins from the vegetable patch, it’s a really good cool cellar,” she said.

The bush-lined road to Wendy Edwards’ property at Birchs Bay. Picture: Chris Kidd

A Kingborough Council spokesperson said it was inappropriate to make specific comment because the case was before the courts.

“The framework currently exists within the National Construction Code, and within all states and territories, to promote innovation of design in bushfire bunkers and ensure safety,” they said.

“Bushfire shelters that do not meet these standards are not approved for use primarily because they present a risk to user safety.

“The erosion of these national standards could have a detrimental impact on occupant safety.”

Kingborough Cr Claire Glade-Wright said there were no guidelines for property owners around fire bunkers.

“What’s really important is if people are wanting to get a fire bunker installed at their property they need to have some really clear information before they acquire the land,” Ms Glade-Wright said.

“It may not always be possible for a fire bunker to be accredited.”

Ms Glade-Wright moved a motion last year for the Local Government Association of Tasmania to investigate the process for accreditation.

“Currently in Tasmania I think that process is confusing and difficult,” she said.

“That’s where I think there needs to be some robust change.”

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Originally published as Birches Bay: Kingborough Council takes court action to force residents to remove bushfire bunker