Cdc , refusal

Discussion in 'Development' started by Gavins1, 14th Mar, 2020.

Join Australia's most dynamic and respected property investment community
  1. Gavins1

    Gavins1 Member

    Joined:
    26th Sep, 2019
    Posts:
    22
    Location:
    Avalon
    Is it normal for a council to not return phone calls whilst assessing an application for granny flat and not telling me to get additional documents ect, it was a flat out refusal case closed, they gave my a number of reasons, all pretty much revole around an insufficiant boundry survey but all are fixable.
    At the end of the refusal it states that you may want to seek a planner and lodge a DA.
    NO, We are going to fix the issues and relodge, but they happily take my $800.

    I have a neighbor who is on their case to get it rejected, ive been trying to get it done for a year now.
     
  2. Sackie

    Sackie Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    25,059
    Location:
    Vaucluse, Sydney.
    If I didn't have a planner at this point, I'd be engaging one who is expert in the area. Don't wanna go another 12 months with refusals IMHO.
     
    AxeLy and Tufan Chakir like this.
  3. Gavins1

    Gavins1 Member

    Joined:
    26th Sep, 2019
    Posts:
    22
    Location:
    Avalon
    First I had a private certifier, the council made us do this and that, then the neighbor was going to sue the certifier so he pulled out, my lawyer reccomended a council certified cdc, so this is my first council cdc rejection.
     
  4. gach2

    gach2 Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    1,922
    Location:
    sydney
    I wonder if you could take legal action against your neighbour

    Unfortunately the OP sounds emotional than logical in the post

    but say if the certifier and plans were right and the neighbour did actually intimidate the certifier
     
  5. gach2

    gach2 Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    1,922
    Location:
    sydney
    Actually why is the council making you do anything? Unless its part of the roads act approval, CDC does not get reviewed by them (from my knowledge)
     
  6. Gavins1

    Gavins1 Member

    Joined:
    26th Sep, 2019
    Posts:
    22
    Location:
    Avalon
    Yes your probably right, I am emotional, it has been very draining on my family and the building team, the neighbor is a lawyer and works for a neighboring council, so he has been throwing his weight around, he has had his lawyer threaten me, has had reports done, entering my property and inspecting and measuring, he had a full survey done of the street, you would be suprised , yes council have to follow legislation and make sure it complies 100% what is written, I had to get a geotech report revised as it didnt state some wording in the legislation. I feel as though I am almost there, they have not been successful in stopping me so far, just delays, My family have been verbally abused by the neighbors, they have cameras facing my property, film me doing gardening, he gets on his roof regularly to veiw my property, especially when he hears power tools, they abused my new neighbor on the other side for trimming trees, they think they own the street. I also caught him taking photos from an opposite neighbor. They are next level crazy
     
  7. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,421
    Location:
    Qld
    Too much emotion won’t help you.
    Stand back, get a planner to ensure everything absolutely correct before lodging again.
     
  8. gach2

    gach2 Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    1,922
    Location:
    sydney
    You mention all this but not really keen on paying for legal advise

    Ranting on this forum isn't going to achieve anything

    Best to get legal advise

    Townplanning is one form of it for planning approvals - go get some
     
  9. gach2

    gach2 Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    1,922
    Location:
    sydney
    Actually I smell Darlinghurst boy
     
  10. gach2

    gach2 Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    1,922
    Location:
    sydney
    this cdc isn't for a property in Lake munmoran is it?
     
  11. RenegadeDom

    RenegadeDom Well-Known Member

    Joined:
    22nd Feb, 2016
    Posts:
    206
    Location:
    Sydney
    Sounds like your neighbour is causing as much noise as possible to try and intimidate you into pulling the development. Not sure why you are entertaining any council involvement if CDC is an option. With CDC approval, council and neighbours have no say with regards to details and have no right to objection as there is no notification period. Find yourself a good town planner and private certifier and stay away from council, especially if your neighbour has any ties. Once CDC approval is obtained construction can commence in 2 weeks.