DA condition

Discussion in 'Legal Issues' started by Property person, 27th Jul, 2020.

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  1. Property person

    Property person Well-Known Member

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    Canberra
    The local council will not approve my DA, unless I purchase the adjoining crown road land and put houses on it to include on my subdivision.

    They won't let me put a road on it as the potato heads approved the adjoining development backing onto the road (those house also have a road at the front of their lot)

    I have submitted my DA on just my own land. This seems ridiculous, how can they put this in as a mandatory condition
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    How much are they going to charge for the land? It may be a windfall for you.

    Why didn't you know this previous to now?

    What does that so to the feaso?

    The council doesn't want a useless strip of land/laneway between houses
     
  3. Mark F

    Mark F Well-Known Member

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    Calling the council potato heads as a term of endearment suggests that the land is near Robertson.
     
    Scott No Mates likes this.
  4. Property person

    Property person Well-Known Member

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    Location:
    Canberra
    The land is in Moruya.. Look, If I could buy it for $30k that would be great. Problem is I have now had an application in for 2 years (valuation happens from when application goes in) and it could be a 7 year + process!!! It could cost upwards on $300k - money I don't have.

    I understand why the council don't want a useless piece of land, but my point is they never should have approved a DA backing onto a crown road - they should have told them to use it as a road..

    My question is what do I do from here? It will mean my DA won't get approved....
     
  5. Anthony416

    Anthony416 Well-Known Member

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    This is an interesting one for sure, seems very unfair. Maybe the next step is to consult a property lawyer and investigate a hearing at the Land and Environment Court?
     
    wylie likes this.
  6. Sheshop

    Sheshop Well-Known Member

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    Brisbane
    If your DA is not Impact Assessable then I didn't think they could put those kind of conditions on it. My understanding is if it is a code assessable application and you meet the codes then that's all you need to do? Seems extremely unfair to me.