Compliance with Planning Permit after building is completed

We own an apartment in a block of 4.

The owner above wants to demolish about 90% of internal load bearing walls and reconfigure the apartment.

At the moment, bedrooms are located above bedrooms, kitchen above kitchens and toilets above toilets. That will completely change and we will end up with the kitchen, living areas, bathroom and toilet above our bedrooms.

We have been told that no planning permit or owners corporation approval is required as they are internal changes.

I would have thought that the apartment building would have had a planning permit, even though the Council cannot find it as the building is about 50 years old.

And any changes, be it even internal would have formed part of the original planning permit and therefore could only be changed through an amendment.

Am I clutching at straws here. Any hope of appealing this?

Thanks , Anne

 

You are not required to grant consent to the other lot owner to access your unit for them to install plumbing in your unit - this will sit below the slab.

They need to provide all of the details around where the new slab penetrations will be for drainage, how low the plumbing is going sit, how are they going to fire rate the penetrations, insulation for noise on the drainage, any bulkheads required.

All of this will be in your unit, do you not think that you'd have some say in it? The bulkheads will reduce your ceiling height - what If they sit below 2.4m? How about below 1.8m? What if they require some beams under the slab due to the penetrations?

Is your unit going to be habitable while the work is completed? Will they be paying for your relocation costs and accommodation? How about compensation for the space that they're taking in your unit?

This will require council approval as it requires demolition/erection of walls.

Body corporate usually owns the roof, slabs, supporting walls (though each state is different) so BC approval is generally required for the DA/CC.

Contact your council to confirm.

 

Sounds full of it to me.

 

Council has confirmed it.

 

Actually, the apartment above is also undertaking a 40m2 extension onto its roof terrace.
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Clause 32.08-6 states that a permit is required to construct a dwelling if there ... Extend a dwelling if there are two or more dwellings on the lot,.

Only the extension is going to be considered for a planning permit not the reconfiguration of the rest of the apartment. The cost of the this is $800,000.00

Council has confirmed this.

Dont know what options I have with Council, if they will not consider the amenity impact of the internal reconfiguration.

 

That they do or don't require approval?

 

Both Council and Owners Corporation Manager have also confirmed it.

The Manager said that as long as engineers plans are provided for the load bearing walls, the owner can change the internal layout as he pleases. This apartment is holding up the roof which is common property.

 

No approval for reconfiguration is required by Council, just the extension.

 

They are going to use the existing stackers and will raise the floor levels to run pipes along the floor, so will not be requiring access to our apartment.

 

The question remains, what right for you have to refuse access to their builder to your unit/ceiling space?

What about temporary props in your bedrooms, kitchen or bathroom?

 

Will they need to put in temporary props if they put the temporary props in their apartment to hold up the common property roof .

 

Most likely, until new support is finalised

 

Can they force us to accept them putting up the props in our apartment?

 

I might believe that it doesn't require council planning approval - but I have a very hard time believing that there is not strata approval required.

That might be worth getting independent advice on.

 

Yes, I think it would be worth while.

 

No

 

The other party would have no right of access to your property, Not to mention no rights to prop etc.
If 50 years old there is unlikely to be a planning permit, if there is there is also unlikely to be endorsed plans
Investigate further to see if planning consent is required for a change of internal configuration (there certainly wold be if there were endorsed plans). It's likely to be legal question
Old strata subdivisions generally showed the outline of units and any entitlements, so not internals.
Source some GOOD advice if you are concerned.

 

The original building plans are available. Any way they can be used?

 

I would have thought the bathrooms would require additional support from underneath in order to take the extra weight? Usually if there is a bath they install supports as once the bath is filled it is quite heavy? Also the acoustics will be changing as the high traffic areas in the new configured apartment will be above your sleeping areas.

 

Hi Sheshop, what are you meaning by extra supports from underneathe, but no bathtubs are being proposed? I have been told that an acoustic engineer will design a solution, but this is not going to be included in any planning permit.