Changes to Development Standards and getting exemptions from the council?

Discussion in 'Legal Issues' started by w124C, 19th Oct, 2018.

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  1. w124C

    w124C Member

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    5th Oct, 2018
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    Location:
    Victoria
    Has anyone had any experience with applying for exemptions to development standards with their council?

    I've bought an investment property that falls in Monash (Vic) that has had some changes to subdivision rules (reduced minimum distances from front and back of property etc). The property was bought prior to these rules becoming implemented, however I've unfortunately not submit a planning application at the time for this.

    I'd like to investigate the possibility of applying for an exemption from the rules (with some supporting justification) and was wondering if any members here might have any experience with this?

    I suspect I'll need a lawyer so any recommendations for lawyers with experience with Monash City Council would also be nice.
     
  2. kaibo

    kaibo Well-Known Member

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    Melbourne
    I assume you got it the other way around.. Reduced minimum distance is good for development.. In Whitehorse sometimes they have a consultation period before implementing for bigger things but after it's gone through it's final from my experience
     
  3. w124C

    w124C Member

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    Victoria
    Yup, I think I'm well past any consultation period. I'm just wondering how final it is. Its fairly rare for any government agency to not have a review process for exemptions so I'm trying to explore this route.

    Ultimately, worse case I'll have to accept and work with the new distances.

    Thanks for your response.
     
  4. Paul@PAS

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

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    A town planner may be ideal to give advice on this. They will know the people and the process and what is accepted and what wont work..

    We assisted a elderly client and her TP got all sorts of concessions that are not well known. So the land was subdivided into three lots, not two. And loads of trees cleared etc. Heavy heritage and enviro affected land made it messy. The pushed a lot of stuff to get it over the line. The one thing council wouldnt budge on was hand excavation of footpaths, gutters, crossovers and kerbs ...Cost a mint. To protect some special species of tree roots.
     
  5. w124C

    w124C Member

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    5th Oct, 2018
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    Location:
    Victoria
    Thanks Paul for your response. I'll try and track down a town planner to see what my options are.