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Can Council withdraw or request an amendment to something they approved?

Discussion in 'Development' started by albanga, 25th Feb, 2016.

  1. albanga

    albanga Well-Known Member

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    1,114
    Location:
    Melbourne
    Sorry for the long topic.
    I have an approved planning permit which was based upon plans my original draftsmen did by hand.

    I have since engaged a builder and had proper working drawings done which includes amendments I have had to take back through council. However my new plans have shown that the dwelling is not within building regs, slightly over the allowed height setback on one side (marginal but there).

    My draftsmen said they are unsure how council will see this but said you could argue they approved previously and someone obviously didn't review it properly initially.

    The changes I have submitted are minor and all within regulations but I'm now concerned how they will view this. Is it in there power to reverse something they initially approved. They may argue it was not properly indicated in the original drawings?

    To fix it would require a fairly annoying adjustment of my home.
     
  2. Skilled_Migrant

    Skilled_Migrant Well-Known Member

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    Location:
    Melbourne
    I had to fight council at VCAT for the same issue. Have a read
    Can Council (Victoria) alter planning permit at lock up stage ?
    In short the council does not have the authority to amend the approved drawings. Only the developer/owner or VCAT does. But having said that they will make your life miserable.
     
  3. AndrewTDP

    AndrewTDP Urban Planning Consultant Business Member

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    Newcastle
    I'll defer to my learned Victorian colleague above.

    But in NSW, no. They approved it. If the amendment does not change that element they can't refuse it based on that element.
     
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  4. albanga

    albanga Well-Known Member

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    Melbourne
    Thank you @Skilled_Migrant you have proven yourself once again as a book of wisdom.

    Sorry to hear what you went through but glad to hear it worked out. Has there been any update on the investigation?

    Reading over yours I do feel much more confident given my issue is a very slight height issue which at its worse will block a few inches of light into the very rear of my neigbors yard. Given I am very close with my elderly neigbors I don't think they will be complaining anytime soon.

    Let's hope common sense prevails!
    A planner I had worked with on my last 2 amendments (been a learning curve to get it right from the start!!) is great but just found out she was not assigned this amendment. Hopefully the new planner who picks it up uses common sense as she did.
     
  5. Skilled_Migrant

    Skilled_Migrant Well-Known Member

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    Location:
    Melbourne
    Yes thankfully it has worked out. If you want a copy of the decision PM me and I can give it to you.
    Sections 72 to 96 of planning and environment act 1987 will be relevant in your (and my) case PLANNING AND ENVIRONMENT ACT 1987

    Good luck with your development. Look forward to the photos.