Tasmanian caravan park won't let terminally ill resident sell home to fund treatment
- Replies 13
For about 14 years, Roslyn Grima has lived in her own little home in a seaside caravan park in northern Tasmania.
"It was an amazing place, I'd come to visit a friend and the next week I thought, 'Oh, I'm buying one of these places,'" the 65-year-old said.
"Now it's my home and it's beautiful and I absolutely love it here."
It was once a caravan, like most homes at the Beauty Point Tourist Park.
Over the years, Ms Grima has completed extensive renovations and added multiple rooms to the caravan, estimating its worth now at more than $100,000.
But Ms Grima's life took an unexpected twist when earlier this year she discovered she had stage-four liver and pancreatic cancer.
She now wants to sell her caravan park home to fund her medical expenses, but the park says that is not an option.
The notice, seen by the ABC, says: "No planning permit exists authorising the use of some or all of the land for 'residential use'."
The council said the park is only approved for visitor accommodation.
"Council's role is to ensure that the park — over time — moves back into compliance with the Land Use Planning and Approvals Act," chief executive Kristen Desmond told the ABC.
"Any arrangements regarding sales are strictly between the residents and the park, which is a privately owned entity.
"Council has ensured that its enforcement action does not require residents to be displaced from the park."
Joshua Manticas is the director of the park and a West Tamar councillor. He says he has always left the council chamber during discussions about the park to avoid any conflict of interest.
"The position of our company is that no new licences will be issued and all guests at the conclusion of their stay must take all belongings with them and restore the caravan site back to that resembling vacant lot," he said.
The situation puts existing residents such as Ms Grima — who did not know of the compliance issues when she bought into the caravan park — in a difficult position.
They have been told because new residents cannot move in, they cannot sell their homes when they leave — a practice which used to regularly occur.
While residents could move their structures off the park, most are no longer on wheels.
"You might have a caravan in here, but we've got the joint on annexe, we've got carports, got sheds," Ms Grima said.
"It can't be moved, it's like a unit, not a caravan."
After the council first flagged the compliance issue early last year, the relationship between the park and its residents spiralled.
The park banned sales and most modifications to homes, brought in stricter rules, and issued multiple residents with eviction notices.
Some evictions led to legal battles, with resident John Lowe receiving a decision from the Supreme Court in June.
Acting Justice Shane Marshall said the new park rules, used to evict Mr Lowe, purported to "deprive long-term residents at the caravan park of any rights whatsoever".
He ruled the eviction notice was "invalid and of no effect".
The park is appealing against the verdict.
"Unfortunately, it's not looking like those disputes are going to resolve through sensible correspondence," she said.
She said the recent Supreme Court verdict established a "prior use exemption" allowing residents whose structures were in place before 2006, when different planning rules applied, to sell their homes.
"It can be continued to be lived in as a home, and it can be sold as a home," Ms Bleyer said.
She urged the park to comply with the Supreme Court ruling, saying otherwise residents would have to continue pursuing matters in court.
"The residents who I am acting for are all vulnerable people, and aside from having difficulty getting together the money necessary to pay the court costs that can't be avoided, they're also suffering emotionally from the experience that they're having to endure," she said.
West Tamar Council took a different view to Ms Bleyer, saying its position was no residents held prior use rights.
The park's managing director Joshua Manticas said the park's policy complied with the Supreme Court verdict.
Just before the snap state election was called in June, the Liberals committed to introducing legislation to tackle the issue.
It came after more than a year of advocacy from residents at the Beauty Point Tourist Park, the Tasmanian Greens, and a similar commitment from the Labor opposition.
A government spokesperson said the legislation would be introduced within 200 days.
Premier Jeremy Rockliff said he empathised with Ms Grima's situation.
"We don't want anyone to be in that circumstance," he said.
"Prior to the election we were drafting legislation to ensure that we gave greater rights to residents of caravan parks and that work will continue."
Lawyer Vanessa Bleyer said the legislation should recognise long-term caravan park residents as holders of a lease — which grants residents more rights — rather than a licence, which is easier to terminate.
"And the legislation also needs to recognise if they have prior use rights of the structure being a home, then they're entitled to sell it as a home," she said.
"Most places here are beautiful, they're done up, beautiful," she said.
"I came here with nothing, and this was going to be for my children."
She wants the state government to act quickly to protect residents.
"We've been pushing and pushing for a year and a half, if not more, trying to get this legislation in," she said.
"We just need help from the government to put in rules and regulations to help us, and to be able to sell our homes."
By Ashleigh Barraclough
"It was an amazing place, I'd come to visit a friend and the next week I thought, 'Oh, I'm buying one of these places,'" the 65-year-old said.
"Now it's my home and it's beautiful and I absolutely love it here."
It was once a caravan, like most homes at the Beauty Point Tourist Park.
Roslyn Grima lives at a Tasmanian caravan park where she owns her own home. (ABC News: Ashleigh Barraclough)
Over the years, Ms Grima has completed extensive renovations and added multiple rooms to the caravan, estimating its worth now at more than $100,000.
But Ms Grima's life took an unexpected twist when earlier this year she discovered she had stage-four liver and pancreatic cancer.
She now wants to sell her caravan park home to fund her medical expenses, but the park says that is not an option.
Local council says park must 'move back into compliance'
The caravan park told Ms Grima she cannot sell her place because of an enforcement notice issued by the West Tamar Council in February.The notice, seen by the ABC, says: "No planning permit exists authorising the use of some or all of the land for 'residential use'."
The council said the park is only approved for visitor accommodation.
The Beauty Point Tourist Park sits on a picturesque piece of land in northern Tasmania. (ABC News: Morgan Timms)
"Council's role is to ensure that the park — over time — moves back into compliance with the Land Use Planning and Approvals Act," chief executive Kristen Desmond told the ABC.
"Any arrangements regarding sales are strictly between the residents and the park, which is a privately owned entity.
"Council has ensured that its enforcement action does not require residents to be displaced from the park."
"The position of our company is that no new licences will be issued and all guests at the conclusion of their stay must take all belongings with them and restore the caravan site back to that resembling vacant lot," he said.
The situation puts existing residents such as Ms Grima — who did not know of the compliance issues when she bought into the caravan park — in a difficult position.
Roslyn Grima has added multiple rooms to the caravan over the years. (ABC News: Ashleigh Barraclough)
They have been told because new residents cannot move in, they cannot sell their homes when they leave — a practice which used to regularly occur.
While residents could move their structures off the park, most are no longer on wheels.
"You might have a caravan in here, but we've got the joint on annexe, we've got carports, got sheds," Ms Grima said.
"It can't be moved, it's like a unit, not a caravan."
The park banned sales and most modifications to homes, brought in stricter rules, and issued multiple residents with eviction notices.
Some evictions led to legal battles, with resident John Lowe receiving a decision from the Supreme Court in June.
Ms Grima has been diagnosed with stage-four cancer. (ABC News: Ashleigh Barraclough)
Acting Justice Shane Marshall said the new park rules, used to evict Mr Lowe, purported to "deprive long-term residents at the caravan park of any rights whatsoever".
He ruled the eviction notice was "invalid and of no effect".
The park is appealing against the verdict.
Lawyer for residents says they have a right to sell
Lawyer Vanessa Bleyer has represented seven residents of the park, including Mr Lowe and Ms Grima, and anticipates more cases will head to court."Unfortunately, it's not looking like those disputes are going to resolve through sensible correspondence," she said.
She said the recent Supreme Court verdict established a "prior use exemption" allowing residents whose structures were in place before 2006, when different planning rules applied, to sell their homes.
"It can be continued to be lived in as a home, and it can be sold as a home," Ms Bleyer said.
She urged the park to comply with the Supreme Court ruling, saying otherwise residents would have to continue pursuing matters in court.
"The residents who I am acting for are all vulnerable people, and aside from having difficulty getting together the money necessary to pay the court costs that can't be avoided, they're also suffering emotionally from the experience that they're having to endure," she said.
West Tamar Council took a different view to Ms Bleyer, saying its position was no residents held prior use rights.
The park's managing director Joshua Manticas said the park's policy complied with the Supreme Court verdict.
State government to regulate caravan park residential use
Tasmania is the only jurisdiction is Australia that does not regulate the residential use of caravan parks.Just before the snap state election was called in June, the Liberals committed to introducing legislation to tackle the issue.
It came after more than a year of advocacy from residents at the Beauty Point Tourist Park, the Tasmanian Greens, and a similar commitment from the Labor opposition.
A government spokesperson said the legislation would be introduced within 200 days.
Premier Jeremy Rockliff said he empathised with Ms Grima's situation.
"We don't want anyone to be in that circumstance," he said.
"Prior to the election we were drafting legislation to ensure that we gave greater rights to residents of caravan parks and that work will continue."
Lawyer Vanessa Bleyer said the legislation should recognise long-term caravan park residents as holders of a lease — which grants residents more rights — rather than a licence, which is easier to terminate.
"And the legislation also needs to recognise if they have prior use rights of the structure being a home, then they're entitled to sell it as a home," she said.
'We just need help', resident says
Roslyn Grima's doctor has told her she may only live for another few months."Most places here are beautiful, they're done up, beautiful," she said.
"I came here with nothing, and this was going to be for my children."
She wants the state government to act quickly to protect residents.
"We've been pushing and pushing for a year and a half, if not more, trying to get this legislation in," she said.
"We just need help from the government to put in rules and regulations to help us, and to be able to sell our homes."
By Ashleigh Barraclough
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