In short:
Wendy Helen Edwards previously pleaded guilty to three offences related to building a fire bunker on her southern Tasmanian property without approval.
Edwards was fined $8,000. The magistrate also made an order that would require her to immediately stop using the shelter, and to either complete the building work or demolish it within 12 months.
What's next?
Outside court, Edwards said she remained committed to the bunker, and was still working towards getting approval.
A Tasmanian artist has been convicted and handed an $8,000 fine over building a fire bunker on her property without a permit.
Wendy Helen Edwards previously pleaded guilty to carrying out building work without a valid permit, performing work in a bushfire-prone area and failure to comply with a building order.
During Thursday's sentencing hearing in the Hobart Magistrate's Court, the court heard in 2008 Edwards purchased land in Birchs Bay, in southern Tasmania in an area prone to bushfires.
Magistrate Andrew McKee told the court Edwards and her late husband were "extremely conscious" of the impact a bushfire would have on the property, and had in place "a comprehensive bushfire plan".
He said in 2011, Edwards attended a community meeting at which the Tasmania Fire Service was present, where she was advised her property was in one of Australia's "most bushfire-prone areas".
The court heard with that factor in mind, Edwards and her late husband designed a home, which in its original plans included a room that could be used as an internal fire shelter.
But, Magistrate McKee said Edwards received subsequent advice it would become "a death trap" in the event of a fire, causing her to determine that she needed to find "other options to provide protection to [herself] and anyone else that may be present at the property in the event [they] become trapped".
This led to her finding a Victorian company which made fire shelters, approved for use and installation in that state, which she purchased.
View formed permit was 'not required'
Magistrate McKee said Edwards formed the view that a building permit, or approval, was "not required to be obtained" due to its size being similar to that of a shed.
He said this was despite the fact that documentation from Consumer Building and Occupational Services (CBOS) "made clear that checks should be made with CBOS" in relation to the construction of sheds.
He said the "unusual nature" of the shelter itself should also have raised questions.
"I accept that is the belief you formed, and accept you honestly formed, but in my belief that was not formed in a reasonable basis," Magistrate McKee said.
The court heard Edwards later formed the view a planning permit was required, and made an application seeking retrospective approval for its installation with her local council.
A building notice was served to Edwards by the Kingborough Council in 2020 with certain requirements.
Edwards was ordered to stop using the shelter and either remove it or get it approved within six months.
The court heard the council told Edwards welding the shelter shut would render it inoperable, giving more time for retrospective approval.
But, the court heard, the order wasn't met.
"In my view, that was a relatively easy method by which you could have obtained compliance with the order while you continued to seek retrospective approval," Magistrate McKee said.
He said he agreed with the council's position that, while it lacked proper approval, the shelter "poses a risk to any person who may utilise it".
Magistrate McKee acknowledged Edwards had taken steps to attain retrospective approval, including through engaging a building surveyor and other consultants.
He said he also recognised that "a number of difficulties were faced" by Edwards during the process.
But, he said it was his view that a conviction was warranted, with deterrent a key factor.
Edwards was convicted, fined $8,000, and ordered to pay a portion of the council's court costs.
The magistrate made an order that would require Edwards to immediately stop using the shelter, and to either complete the building work or demolish it within 12 months.
Efforts to get approval continuing
Outside the court, Edwards said she was "pretty shocked" by the court's decision.
But, she said her and her husband's efforts to get the bunker approved would continue, and "had never stopped".
"Our building surveyor since has put in his new approval for it, it's gone to TFS," Edwards said.
In a statement, the Kingborough Council mayor Paula Wriedt said the council was bound by legislation to ensure private bushfire shelters were installed lawfully.
"Kingborough Council strongly encourages any landowners to seek professional advice and to engage with the council planning and building staff before undertaking the development of a personal fire bunker."
Loading...