CDC Application peer review

Hi, I am having my granny flat certified by council and have had issues with a neighbour objecting and threatning legal action etc, my private certifier backed out.
Thats why we used council.
After extreme scrutiny and paying $10000 in additional council requests, 1.5 years later, we are at the point that the certifier has verbally approved the application, but it has been pulled off his supervisor and sent higher up, they have said it will be reviewed by an independent peer review panel for determination.
Has anybody heard of this happening before? My neighbour is a lawyer and works for a neighbouring council.

 

This is why your application is being held up.

 

NSW?

450m2 block?

12m frontage?

 

Then they'd know the items which you need to satisfy council that you have met all of the requirements.

 

Yes, we have met all requirements, maybe they are looking for someone to look for more, its allready been looked at by at least 10 planners inc the lawyers planners report submitted to council.
It is in Sydney on an 800sqm block, not sure of the frontage , setback is 12m from front boundry. All fully compliant.

 

If it meets all the requirements of the AHSEPP I was under the impression nothing could be done by the neighbours?

 

If they dont approve it for a very valid reason I will be seeing people about it.
Neighbors can do quite alot if they have money to spend on it and have influence, hes spent about $8k I would estimate plus many weeks of his time.

 

Even if it does get approved be prepared for an objection through the L&E court if it has merit. There's a window post-approval.

 

So on what grounds is the neighbour objecting?

 

As you are having an existing granny flat certified I assume it was built without permission or never gained a certificate of occupancy (whatever it is called in nsw).

 

Anything and everything, council wont let me view his planners report.

 

Its not existing

 

My lawyers have told me that if approved through council, it cannot be taken to court, only through a PRIVATE certifier.

 

yup if your neighbours don't agree with your development it cannot be developed

Its in the 'yourneighboursaddress' act and also your 'unqualified lawyer's name' act

 

If this is a serious post get a new town planning lawyer

 

HI
So you are in the planning stages and have lodge a CDC with council for approval and​

the neighbour is objecting?
or
have you build the granny flat complying with the CDC and are now having it certified to get the OC?

 

Just planning, hes objecting

 

Having similar experience with council and neighbours waiting for panel meeting. Its been two years. Meets all council requirements even then council can't make decision. Because one of the neighbours is lawyer and other one just complains for everything and even hired another town planner to write objections. Its a nightmare. Journey has just started.

 

Thanks for the reply, is yours CDC ?
Have you seen a lawyer and planner?
Its very frustrating, council said they could have immediately refused my application, but didnt, the certifier helped address all the issues for compliance so I dont know if they are for it or against it, I have made many complaints to them about their handling of it all.