Zoned out

By Mara Pattison-Sowden
A PLANNING debacle is threatening the livelihood of an elderly Hoddles Creek man.
For almost 15 years, Peter Mauger, 74, has been using two houses as rental properties, while living in a third house on the site, off Blackleather Creek Road.
But because the permit for the houses was originally granted as a tourism venture for overseas visitors, the council now says the homes do not qualify for existing use as rental properties.
Mr Mauger says ill-health and family problems have put pressure on his plans, but the council is refusing to give in because his property is on green wedge land.
He has pleaded to the council under existing use rights, but was told a difference of two months had caused the council to dismiss his claims and evict the tenants.
Mr Mauger said family illness while dealing with his former partner’s Multiple Sclerosis and himself getting on in age had put pressure on his plans, which he would like to see his children follow through with in time.
“I just don’t think I can – I’m 74 and they’re expecting me to carry on and organise this,” he said.
“I will have to sell everything up, I can’t exist on two empty houses.”
Mr Mauger has been living on the 10-acre property since 1979. He worked as a teacher at Mount Evelyn Technical School as well as being a member of the local fire brigade, school council, cricket and tennis clubs, and president of the Friends of Hoddles Creek for 12 years.
“What upsets me is that I’ve spent so much time up here, all this work I’ve done for the council for nothing and this is what I get back,” he said.
“They should be looking after us old people instead of doing this to us.”
One house has been empty for 12 months, while the tenant in the other house has been permitted to stay a while longer due to their own serious health reasons, and council officers have been out to check the properties.
The empty house was built in the 1970s and Mr Mauger lived there until tenants occupied it from 1996. The council told the latest tenants to leave 12 months ago.
The house currently occupied, Mr Mauger built as an owner builder after he got the permit in 2001. It has been occupied for 12 years.
Mr Mauger is allowed to stay in the house he is living in, because it is the caretaker’s house and being used for that purpose. After living in a caravan on the property while building, he has lived in this property for 10 years.
In the same year as the permit was issued, in 1996, his partner was diagnosed with MS, and Mr Mauger realised he couldn’t manage the farm on his own, but continued building with the intention that his children could take over.
“I never realised it was not legal for me to rent a property,” he said.
“It was my only choice to lease it to obtain finance to keep going.”
He still owes money on the land after an earlier divorce, and the lease money was helping to pay that off.
The council became involved last year after the matter was brought to its attention. But in correspondence seen by The Mail, the planning department officer wrote that despite Mr Mauger’s claims of “existing use rights”, and the fact he has been leasing the properties for 15 years with no problems, they believe he has not established existing use rights to their satisfaction.
They told him existing rights required evidence the first property was leased for 150 months, but his documents showed it was rented for 148 months – a difference of two months.
“I have documents going back 15 years, they didn’t believe me and I’m suffering here,” he said.
“They’ve put me in this situation where I’d have to start work again.”
The Mail also spoke to one of the rental agencies used by Mr Mauger, who asked not to be named, but said Mr Mauger was a “brilliant landlord” and someone must have complained for there to be a problem.
Yarra Ranges Council planning director Andrew Paxton said because Mr Mauger’s property was located in a Green Wedge Zone, he could not have more than one permanent dwelling on the site.
“However, a current permit would allow Mr Mauger to use the dwelling as tourist accommodation from which he could make an income,” he said.
“Mr Mauger is welcome to speak to our planning department for further advice in relation this matter.”
The council’s Green Wedge management plan was adopted in July 2010.