Building Order from Stirling Council to demolish retaining wall - No permit from 30+ years ago

Discussion in 'Renovation & Home Improvement' started by rhinsor, 26th May, 2022.

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  1. spludgey

    spludgey Well-Known Member

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    Rusting asbestos? ;)
     
  2. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    It always amazes me at how much 'retaining' people expected asbestos/super6 fence to do. I've seen it bowing under massive pressure where it's been trying to hold back too much.

    It could be replaced by colorbond horizontal plinths (up to 500mm) and then colorbond fence above in a similar fashion if the neighbour really wants a new fence but honestly it's still doing it's job ok-ish. With the driveway hard up against it, it's going to be a beach to replace.

    Keep fighting the good fight. It would need a survey to determine heights.
     
  3. wylie

    wylie Moderator Staff Member

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    The rust coloured strip? That looks like paint.

    It does like Super 6 and if so, then I would think the ATO would allow the cost of removing and replacing to be claimed in one tax year, rather than depreciated over many years.

    Is that the case @Terry_w ?
     
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  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    It would depend upon the use of the property. If it was a rental then its possible the views in TR 2020/2 apply or other general deductible issues : Asbestos-affected properties)
    However the initial repairs issue could also be a factor.
    It may also be a neighbouring fences issue in that state. This means the neighbour who went to council can share the cost to fix it. ;)
     
  5. rhinsor

    rhinsor Well-Known Member

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    Update: building order is put on hold

    Two council building surveyors came out and measured the height were the gap is and took a photo, verbally said it didn't exceed the height. Started measuring the other part of the wall and taking photos, told them that's not what they are there for.

    They said they will have a look at the permits and get back to me on next steps. Will keep you updated but I see the proposed order redundant and not factual.
     
    Last edited: 11th Jul, 2022
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  6. bitsbobsandparts

    bitsbobsandparts Active Member

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    Sorry I'm not 100% across the background here but in my area, retaining walls don't need a permit if it didn't exceed a certain height and was a certain distance from something. I'm guessing that should be the case for you as well. Do you know what that height is? Best arm yourself with the building codes for the council and do your own measurement with pictures just in case.
     
  7. rhinsor

    rhinsor Well-Known Member

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    The council has emailed me information and considers the matter closed.

    Finally...
     

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