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Opinion: You want me to get a permit to work on my cars? Come and fine me
Yesterday at 12:01 AM
A new ‘private land use permit’ has just been passed by a Melbourne council essentially banning working on your own car on your own property. Here’s what I have to say about that.
In late 2024, the City of Casey, located in Melbourne’s south-east, imposed new strict rules that would control how residents use their land.
Where previously residents of Casey could use their property in accordance with state law, the council imposed rules that could see people needing to pay nearly $500 per vehicle to store and work on them within their property lines.
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It’s called the “private land use permit” and it’s a bid to crack down on “unsightly” properties in the area.
“An owner or occupier of private land must maintain the property’s appearance and prevent it from becoming unsightly, dangerous or used in a manner that can be detrimental to the immediate area,” as written on the City of Casey website.
“Sometimes, you may be required to apply for a Local Law permit. These permits are designed to help manage and prevent issues that could impact your neighbours and the community, ensuring that activities on private property are safe and respectful of the surroundings.”
The laws mean that you require a permit for the following: Use of a recreational vehicle, like a mini bike, motor scooter, go-kart, etc, storing a shipping container (up to 90 days) in a residential area, storing long/heavy vehicles, storing more than two unregistered vehicles and use of a temporary dwelling (caravan, camper trailer, tent, etc) for more than 14 days in any 60 day period.
The application fee for the private land use permit is $150 and is not refundable, and then there are another few hundred, depending on which permit you actually require.
Aside from the exorbitant fee required, not specified on the page is the fact that found in Casey Community Local Law 2023 is clause 28: “A person must not, except with a permit, use private land to: (a) dismantle; (b) repair; or (c) 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.”
Yes, you heard that right. You now need a private land use permit to work on your belongings on your private land. And the consequences if you break the law? Try 2.5 penalty units, which is $494.
The law itself is a little bit confusing, and I’m almost certain that it’s to give the council more power to fine you with blurred limits, but the website says, “You do not require a permit when completing minor repairs on your car on your private property, such as an oil change or belt change.”
Well, what if I want to change my clutch, suspension, or turbocharge my car? Thankfully, the council has a media contact where you can ask your questions.
After sending a number of questions regarding what work can be conducted on a car, whether there is a limit on registered cars, whether I can conduct work within my own garage, and why there was even a fee to apply for the permit, let alone why it was so exorbitant, their reply was lacklustre.
“The private land use permit is part of the Casey Community Local Law, which aims to support the peace, health, safety, and wellbeing of our community. A permit is only required in circumstances where the activity or use is detrimental to the amenity of the nearby area,” said a City of Casey spokesperson.
Of course, this opens the door to allowing individuals to set limits on what they deem as “detrimental to the amenity of the area”.
Now, I’m not a resident of the City of Casey, nor am I even a resident of Victoria, so you may be wondering why I feel so strongly about this.
The truth is I grew up in a residential estate and still live in one. A core part of my childhood came from a few neighbours who loved their cars. One would be tooling on his Nissan Skyline GT-R R34, while the other neighbour was a Subaru Impreza WRX owner, and also a DIYer.
When I was a child, these neighbours opened the door to me and allowed me to pester them with questions about their cars while genuinely learning instead of them being just closed off behind doors.
When I got my licence at 17, I became that neighbour. I did not have access to the family garage, so I built multiple cars in my driveway. People still pass by my house to ask questions, learn, and share knowledge about the joys of working on cars.
If I was forbidden this experience, who knows what I would be doing, probably my next favourite hobby of sitting in my room playing video games and being anti-social.
One of the core facts is that it’s imperative for young enthusiasts to see that there are still people keeping old cars alive, as well as for older enthusiasts who crave that social connection to vehicles.
While at one point our family had 10 cars parked on and around our property, all registered, it wasn’t what people called “unsightly”. Not once did we have a complaint but we sure did have a lot of people come by, ask about the cars, share their experiences and impart their knowledge.
I understand there are some houses that can resemble a car wreckers, but instead of forcing people to pay for a private land use permit, maybe go down the track of investigating and talking with offending homeowners.
These rulings are a first for Australia, but we cannot allow councils to move toward the “Homeowners Associations” found in the USA, which have the power to tell you what plants you can have, what you can do on your property, and even what colour you can paint your house to “protect property values”.
There was another clause in the rules, too, which didn’t necessarily sit right with me: no more than two unregistered cars on your private property. I understand if they were parked on the street or on public land, but on your own property?
Historically speaking, the police have harassed enthusiasts by defecting registered vehicles that are undergoing repairs. Now you can be harassed by the council for unregistered vehicles. There is no winning in this case.
There is currently a charge.orgpetition to overturn the requirement of having a permit, but it’s most likely futile when money is involved.
My advice to car enthusiasts in the area is to invest your money in a different local council that will not make your life more expensive. If you already are an enthusiast in Casey, then try to load up on as many registered vehicles as possible.
So, what do you think? Should you be allowed to work on your cars on your own property? Let us know in the comments below.
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