Permanent tenants at the Beauty Point Tourist Park appear to have unwittingly bought into a ‘lemon’ – here’s why…

Back in 2022 we saw a van and annex up for sale at the “over 50s community within the Beauty Point Tourist Park”. The Park described as “Permanent living 365 days a year…” (Facebook posting, by Waynita – Josh Manticas, 11 May 2022.).

In fact sales of permanent dewellings at the Park go back many years, with folks buying in with, it would seem, the tacit approval of owners and managers at the time.

Beginnings of disquiet

At one point tenants were advised in a newsletter issued by Park management, “…please be mindful from council perspective all residents have a van and removable annex, so any contact made with council should be avoided as to not draw any attention to the structures located in the park for which you occupy.” (January Newsletter to residents from Park Management).

Here was the beginning of the problem and it all centres on issues of due diligence and duty of care on the part of Park owners and managers, and the West Tamar Council.

Planning approvals – left hand and the right not talking

Last year in a court hearing it was revealed that all sites are in fact on a 90 day occupancy and therefore not permanent residences at all!

This is something that must have been known to the West Tamar Council for many years as it is mandated in their building approval protocols. The letter, dated May 26th 2024, issued to tenants by Park management, stated:

“The council [West Tamar Council] has indicated that all sites within the park should gradually revert to short-term visitor accommodation if they have not already done so. We believe this is a smart and sensible approach, as it acknowledges the current occupants and ensures they will not be impacted until they choose to move on.”

From that point the whole thing began to unravel.

Caught in the middle are the residents, many of whom had purchased dwellings without being advised of this by the Park owners or managers. Then in early 2025 Park management advised the permanent park residents:

“To clarify, from the company’s position, you are absolutely able to sell your caravan and annex for the purpose of removal only.” (email to tenants 28 January 2025 at 6:48:22 p.m.).

The only problem for many of the residents is that their dwellings are permanent, substantial structures– in short, tenants have been allowed and encouraged by Park Management over the years to construct dwellings far from the standard of simply a ‘caravan and annex’.

So ‘removal’ would be tantamount to demolition in many cases.

In previous years tenants could sell-on their homes to new entry buyers in the Park. Their investment in the Park was an asset which could also be left to their family should these elderly people die. As of now many of those with permanent structures have no option but to have their dwelling demolised at their cost and sell the material for what they can get.

So there we have it, a total mess-up between the local council and Park owners/management.

Root causes of the crises

Now surely the Park owners and managers must have known about the 90 day situation when completing their due diligence prior to purchase of the Park and therefore should have foreseen certain matters.

If this had have been made explicit it would have perhaps prevented a lot of angst and worry over the past three years, which is best described as a crisis situation leaving residents faced with uncertainty as their lives have been effectively turned upside down and their, often sole asset and life savings, devalued.

It seems that Park owners have at all times a duty of care to advise tenants of the situation when entering into the tenancy at the Park, especially in cases where entry fees were charged. That the Park recognised their homes as an asset was underlined by the fact that entry fees were charged according to the value of the asset.

Where to from here?

It’s time for the Park owners and governments (federal, state and local) to step in and work through a process of supporting the remaining residents with rehousing and compensation for financial losses suffered on the part of residents.

Dr Philip Tattersall is a neighbour of the Tourist Park and a resident of Beauty Point