Kylie | 20th July 2010
ANGRY: Shane Arnold with the car he is rebuilding at his home. AN afternoon spent tinkering with a car is a hobby many people indulge in.
But for Shane Arnold, this hobby nearly resulted in a fine of thousands of dollars.
The Heritage Park resident, who describes himself as a bit of a handy man, recently received a visit from a council employee who told him he could receive a fine between $2000 and $5000 for re-building a car in a shed on his property.
What's more, when Mr Arnold questioned the legislation, he was told it had been in place since 2006.
"I'm just speechless," he said.
"It's getting beyond a joke.
"There would be thousands of people re-building cars in Logan."
Mr Arnold said he was told that not only was he not allowed to build a car on his own premises, but beyond checking tyre pressure and windscreen wiper blades, car owners needed to either go to a mechanic, or move their cars to an industrial area and work on them there.
"I am sure no one knows (about this)," he said.
The Reporter contacted Logan City Council about this issue, and was told the council responds to complaints lodged by complainants, and in this instance it was made in relation to vehicle repairs as they do cause environmental issues such as noise and smell.
A Logan City Council spokesperson said the Logan City Planning Scheme 2006, table 3.2.11 stated development ensures that a motor vehicle is not repaired on the premises, unless the repairs are day-to-day maintenance, and the vehicle is owned by the occupier of the premises and is normally parked on the premises for their use.
"The use of the premises for an industrial use, namely vehicle repairs including panel beating, spray painting and repairs other than that of day to day maintenance is unlawful on a residential premise," the spokesperson said.
"For day to day maintenance it is as detailed in any vehicle manual and is limited to checking oil, water, air and making minor repairs like changing a windscreen wiper or bulb to ensure the safe operation of a vehicle."
The spokesperson said the Sustainable Planning Act 2009, which replaced the Integrated Planning Act 1997, has also empowered councils to issue penalty infringement notices (PIN) for specific offences as detailed in the Act.
"While council does not issue fines in the first instance, show cause or enforcement notice procedure is followed and there is a specific offence for failing to comply with an enforcement notice which provides for PIN amounts of $2000 for an individual or $10,000 for a corporation," the spokesperson said.
"Council also has the provisions of Local Law 10 - Public Health which can also be used where there is a nuisance caused by the release of odours, gases fumes, particulates or other atmospheric pollutants to the atmosphere which has the potential to cause environmental harm or nuisance (Spray Painting), harm to human health, safety or personal injury, property damage or loss of amenity, where there is the potential for a $500 Penalty Infringement notice to be issued.
"However, council would expect that any reasonable person would comply with a direction from council, whether it be verbally or through the notice process, to ensure that the activity, is not affecting the neighbouring environment."
from The Reporter, 20/07/2010
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What a crock of shit - the intent of the rule is to not allow people to run businesses from home/unsuitable premises, not to stop someone restoring a car. Biggest load of rubbish from the worst SEQ council I have yet seen. And that includes leading an uprising against BCC for illegal parking fines........
Grant..
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