Elderly, disabled fear Mornington Peninsula Shire bid to remove flats will leave them homeless
Vulnerable people living in granny flats on the Mornington Peninsula to be close to their families — who care for them — fear they will be left homeless if a council bid to remove the potentially illegal homes is given the green light.
South East
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Vulnerable Peninsula residents fear they will be left homeless if a council bid to remove their “granny flats” is given the green light by the state planning tribunal.
David Nash, a 69-year-old retired bus driver who lives behind his son’s Crib Point home, is one of several residents who received a letter from Mornington Peninsula Shire Council earlier this year saying their homes needed to be removed.
The council is now seeking a Victorian Civil and Administrative Tribunal ruling on whether up to seven new granny flats built on the Peninsula are legal, with proceedings starting today (November 1) and a hearing date set for March.
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Mr Nash — who moved to the flat because he needed his medical conditions monitored, something his wife did before she died three years ago — said he now fears the VCAT decision could leave him homeless.
He said his flat was completed in November last year after he received a building permit and complied with all regulations to have it built.
But in February he received the letter stating the council did not believe his flat met criteria to be a dependent persons’ unit.
“That was the first shot they fired,” Mr Nash said.
“It was built as a removable home, but the council is now disputing that.”
Mr Nash said he spent a “considerable amount of my retirement funds” on building the home.
“Now I’m facing eviction,” he said.
“The council says retire to the Peninsula, but this is what they do to you when you get here.”
Irene Axup and husband David, both 77 and in ill health, face similar uncertainty for their daughter, who has a disability and lives in a granny flat on their Mornington property.
The couple received a similar letter to Mr Nash earlier this year — before their daughter had even moved in.
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Mrs Axup said they were worried about legal costs and travelling to and from Melbourne for the hearings would affect their failing health.
“We checked all the legal parameters and that it would fit; we followed all due processes. We got a building certificate to say it satisfied all the requirements of a dependent persons’ unit – in that it has to be demountable,” Mrs Axup said.
“What this is doing to us and has done to us is appalling.
“We have this nice place, our daughter has this little unit and her independence in this lovely area, except now we have this sheer injustice.”
Mornington Peninsula building and planning director David Bergin said the VCAT hearing was to get an “umpire’s decision” on whether the units were second dwellings or legitimate dependent persons’ units.
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Mr Bergin said the flats in question had not been inspected to see if they were overlooking into neighbouring back yards, overshadowing neighbouring bedroom windows or had extra carparking on site — all assessments which are exempt for a dependent persons unit.
“It has been brought to our attention that many of these ‘granny flats’ are being placed on land and effectively becoming and used as a second dwelling,” Mr Bergin said.
“(The) council is not seeking to remove any dependent children or older dependants from these properties and we will work with the individual owners to develop a lawful planning solution if VCAT rules in favour of the shire.”