Casey Council has removed a controversial clause that regulates vehicle repair and unregistered vehicles on private properties in its draft Local Law 2025.
Matters relating to excess unregistered vehicles on private land will be managed through the unsightly clause, the draft suggests.
The unsightly clause states that “an owner or occupier of private land must not allow that private land to become unsightly”, and “to be used in a manner so as to be detrimental to the amenity of the immediate area in which it is located”.
The old clause, which has been removed now in the draft, stipulated that a person must not, except with a permit, use private land to dismantle, repair, or service vehicles or machinery in circumstances where the activity or use is detrimental to the amenity of the area in which the private land is located. It also stipulated that an owner or occupier of private land must not, except with a permit, keep on that private land more than two unregistered vehicles.
The old clause, along with some others that regulate private land use, sparked a nationwide backlash earlier this year, after inconsistent wording was published on the council’s own website.
After the wording was corrected, residents remained concerned as they suddenly found out the requirement to purchase permits to use recreational vehicles, store shipping containers and more than two unregistered vehicles, and put up temporary dwellings.
A petition to abolish the permits was launched. YouTube videos by big car accounts were made to criticise the permits. Politicians also joined the chorus, with local MPs condemning the Local Law as an overreach into residents’ rights to use their own land.
The controversy came to a head when council officers impounded several vehicles from a Hampton Park resident’s property under the disputed clause. Tensions spilled over at the following February council meeting, where angry residents packed the chamber in protest. The meeting was ultimately dismissed after repeated disruptions from the crowd.
In the wake of the uproar, councillors agreed to undertake a full review of the draft Local Law 2025.
The draft was revealed at the August Council Meeting, where all controversial clauses had proposed changes.
Apart from the removal of the unregistered vehicles clause, major changes have included the permit exemption for properties over four hectares to store shipping containers, the extended permit duration from 14 days to two months for temporary dwellings and requiring permits for recreational vehicle use only outside EPA-approved timeframes.
Cranbourne Gardens Ward Councillor Michelle Crowther said at the August Council Meeting that she welcomed the change to the recreational vehicle clause to a noise-based restricted process rather than a permit-based system.
“Many community members contacted me about the excessive fees associated with permits providing recreational vehicles on their property, and I welcome the proposed changes,” she said.
“I urge community members, especially in the rural and semi-rural areas, to contribute feedback about the proposed shipping container changes.
“The draft local laws currently accept properties greater than four hectares, which is approximately 10 acres, from needing a permit, so that means that people on one-, two- and five-acre properties still need a permit to have a shipping container.
“Anyone, who is passionate about that topic, I strongly encourage you to provide feedback about that clause.”
At the same meeting, Kowan Ward Cr Shane Taylor raised his concern about the high penalties, the daily fines, and the powers of entry.
“These sorts of powers need to be within clear limits and strong justification. Right now, I don’t think the draft gives enough certainty to the property owners,” he said.
“This is why the execution period is so important. It’s a chance for residents to look at these laws closely and tell us if they go too far or if they strike the right balance.”
The draft Casey Community Local Law will be placed on public exhibition for 28 days, from 21 August to 18 September.
To read the draft and submit your opinions: conversations.casey.vic.gov.au/llreview_25
