Happs Winery owners lose second State Administrative Tribunal bid on unauthorised dwellings

A prominent Capes family have had their appeal over an innovative housing solution dismissed by the State’s highest complaints tribunal. Erl and Rosland Happ recently failed to have the State Administrative Tribunal overturn the City of Busselton’s decision not to support chalets built without approval using shipping containers. The couple — who founded Happs Wines in 1978 — previously launched a SAT appeal after residents complained in August 2021 about unauthorised clearing of native vegetation for the sake of three shipping containers designed to serve as tiny homes at the winery on Commonage Road, Dunsborough. SAT records said the city had ordered the removal of the containers and for the affected private property to be remediated. That SAT case led to mediation and the Happs seeking retrospective planning approval for seven chalets. However, the city knocked back that application, with that decision forming part of the most recent failed appeal bid launched by the Happs and heard by SAT in May. Mr Happ, who ran for council in 2021, partly on a platform about housing reform, previously touted shipping containers and other innovations as solutions for the region’s dire worker accommodation crisis. He was on record saying as an employer it was necessary to cater to workers’ housing needs for the sake of business and employee welfare. However, a city spokesperson said the SAT case underlined the need for anyone seeking to undertake significant development to obtain the necessary approvals before proceeding. “Unauthorised development can cause considerable damage to the environment and place people’s health and safety at risk,” the spokesperson said. “In this case, the city had significant concerns about the bushfire risk associated with the unauthorised development, as well as the environmental damage caused by the clearing of remnant bushland. “Where the city suspects that due process has not be followed, it will investigate and take appropriate enforcement action. “The city will now seek to enforce the notices requiring the developer to stop and not recommence the unauthorised development and restore the land to its condition immediately before the development commenced.” Mr Happ told the Times he intended to appeal against the decision to the Planning Minister.