WA council rejects disability housing request claiming it could ‘disturb local amenities’

A decision by the City of Kwinana to reject an application by a disability support service to allow one of its Perth homes to be used as independent living for a disabled tenant has been overturned – leaving the applicant puzzled and out of pocket. City of Kwinana councillors unanimously voted down a request to alter the listed use of the Bertram property from “residential” to “supported independent living” despite planning experts recommending the changes be approved. After Maciline and Clayton Moyo bought the home in late 2022, the couple leased it to a tenant who they support under their small NDIS-registered business Crest Support Services. Neighbour Eileen Gargioni, however, complained about the changes prompting a compliance team to encourage the owners to apply for the home use to be changed. Presenting her grievances to the council ahead of their vote on the matter during a December 13 meeting, Ms Gargioni — a resident of the street for 15 years — argued the new tenants had made her feel unsafe. “I’m looking at my own safety as a resident. I’m on my own most of the time. If you’ve seen what I’ve seen you wouldn’t be happy either,” Ms Gargioni said. She claimed since they moved in, traffic flow increased, youth were “coming and going”, a disorientated man had been seen walking the street without a carer and strange lights and noises were coming from the property. “To me it’s a big worry. This is the first time I’ve actually put cameras in because I’ve had people knocking on my door at night,” she said. “I’ve been hearing plates smashing in the middle of the night. “I shouldn’t be worried about coming home at night and finding someone in my yard. Now, I have to put up with what is happening next door.” She claimed if the owners undertook “extensive building” “inside the property” they should have first reported it to council. City of Kwinana mayor Peter Feasey was among those who spoke against the proposal, accusing similar services of moving into the area by stealth. “Too often we have businesses or organisations come into the City and think it’s OK to start operating a service. Then when they’re caught doing the wrong thing they then seek retrospective planning approval,” he said. “We see this all the time. At some point, the city needs to take a stand. “This is not the only property that was operating without a permit. I would imagine that there are many properties. They’re operating without approval because the neighbours either haven’t complained or it hasn’t been brought to the city’s attention. “I would also suggest councillors reject the application.” When Dr Moyo first heard the application was rejected, he said his first thought was “surely, this is a joke”. “Imagine someone in need receiving care in their own home, or a rented home and they’re told they’re disturbing the local amenities,” he said. “These are people who are very vulnerable and actually suffering with some mental disabilities.” Dr Moyo has appealed the decision and faced two State Administrative Tribunal hearings on February 2 and 23. At the second hearing, he was told the revoked approval would be overturned. However, he’s been left out-of-pocket thousands of dollars after the appeals process. In a statement in response to questions from The Sunday Times, Mr Feasey said the city wasn’t opposed to disability services operating in the area but said operators must seek out adequate approvals and licenses before setting up the homes. “As a council, it’s our responsibility to ensure that we are regulating local businesses and ensuring that they are operating in a safe and appropriate manner, especially when those businesses are providing service to vulnerable groups,” he said. “City of Kwinana does not oppose services operating for people with disabilities and recognises the important contribution that they make to the lives of these people living in our community.” He said the council have supported a number of independent living proposals but assessed each on their own merits. A State Government spokesman said independent living options for disabled West Australians was important. “Western Australians with a disability have the right to go about their everyday lives in a community without feeling prejudiced or shamed,” he said. “This proposal would provide a social benefit to the community by enabling people with higher support needs to live as independently as possible in their home. “The State Government is committed to advancing opportunities, community participation and quality of life for people with a disability and expects all local governments to make sure they create an inclusive environment for all residents.” University of WA associate lecturer in urban design Robert Cameron said all levels of government should take on the responsibility of ensuring vulnerable groups are appropriately housed. He argued there were social and economic benefits of independent living in suburbs and worried the voice of a marginalised group didn’t appear to be considered in the council decision. “I would argue that by and large, increasing the diversity of people living within our suburbs is only going to be a positive benefit,” Dr Cameron said. “In this case, we have a couple of disgruntled residents who seem to have all of the agency in terms of the voice of the council.” Dr Cameron, alongside fellow UWA lecturers Emily Van Eyk and Daniel Jan Martin, have supported a proposed 20-pod co-housing project in the disability sector as an adaptable option. Instigated by service provider Building Friendships, the project has, however, struggled to acquire funding support for the past five years. Ms Van Eyk said while regulation was needed, there was too much ambiguity in the planning laws and it was placing “reliance on councils making discretionary calls”.