council fine after neighbour complains

I discussed with council some works I was doing to a site. At my request council inspected and requested some further information but gave everything a verbal ok post inspection.

Now I have received a fine. They state that someone made a complaint. There is only one neighbour. He is a nutcase. I already introduced myself to him and tried to open a line of communication and build a raport as we will be neighbours soon enough. He threatened to call council and complain about my site unless I bought him a certain expensive 'gift'.

I contacted council and asked how the communication has broken down and gone from an ok to a fine. I was told that when someone complains, they have to be seen to act on it...

I'm not terribly happy. Can anyone give me any advice?

Pay the fine and move on... Hoping for no more fines.
Have a sook and provide evidence of councils previous input stating it was ok... And hope I don't tread on toes and have issues with future dealings.
Sort out the neighbour?

 

Did he say that it was 'OK' or 'fine'?

 

Verbal OK for something that required an 'in person' council inspection seems unusual.

Was it for a bin on the nature strip or similar?

Did you perhaps jump the gun and start before formal approval?

 

Maybe ask to speak to a manger at council. On the surface this seems very unfair.

 

Which council? if you make a complain in Brisbane City Council, it needs to be followed-up 10x before they can even find the original complaint. OK, a little exaggeration, however they are generally reluctant to do much of anything.

 

OK you are keeping me in suspennce Goodtime, What did the council fine you for?

 

The haircut.

 

lol. Walk outside the 2770 postcode with cut like that and you'll find yourself in lock up.

Hey, that's Joe Dirt!

 

I'd rather not say the council... It's a small one on NSW coast.

The fine was for some earth works without a DA.

After going to my site and saying it was ok.

They have my ph number and I deal with them often.

I thought we had some sensible communication happening, then they go and send me a fine and state "when someone complains, they have to be seen to act on it"

Is that a bit rough?

 

If they advised that what you were doing was OK, then yes, that is rough. I would call them and have a chat.

However, did you end up doing more than agreed and slip over the edge into non permitted work?

Or did you misinterpret the inspector's advice?

Your comments in a couple of posts about 'sensible communication' sounds like you might have been skating a bit close to the edge of what's permissible...

 

You invited council onto your property, everything is OK until they gain entry.

 

They have to investigate, they do not "have" to give you a fine. That's nonsense. Ask to speak with the General Manager and appeal the fine.

 

Thanks everyone. And yes, the works are beyond what's exempt from needing approval. Only asked them to site as I knew the neighbour would get them around so thought I would look pro active there.

My issue is how they go from a phone call saying everything is ok to a fine in the mail.

I'm nervous about raising it with the gm incase I stir the pot a bit and they all start making things more difficult for me?

 

Council saying everything is "ok" is worthless. You need to have it in writing otherwise it doesn't exist. Councils are all the same, irritating, frustrating, incompetent morons.

 

So you did something you knew you shouldn't be doing.

I imagine that your Council mate said something like 'might be ok if no one complains but if they do...'

I think you should stop complaining now and just pay the fine. You could have avoided all this by not going beyond the permissible works. You took a risk and lost.

You're not the victim here!

 

Pay the fine (you admit you did wrong) and move on.

But now the Council is on to you, keep everything legal from now on.
Arg

 

Got nothing to lose. Be polite and accept you might lose the fight. A charm offensive is the way to play it. Friendly and professional.

 

Conversation wasn't as you're suspecting, and not my mate, but just the (only) council certifier and head (also only) town planner that I deal with and they both know my phone number.

Point taken, I just don't think it should go from being ok to a fine... But they don't think I should have done something that's not permissible.

I'll raise it with the chap who said it was ok tomorrow, but I don't think I will rock the boat too hard.