Deterring Potential Development Next Door

Hi all,

I bought my current house in an area where subdivision is common and 2 x two storey townhouses go up in place of an older house. I bought my current home with a level of comfort this would not happen either side of me because one side is a nice house and the other one the other side, while has a crappy house, its block falls short of the council requirements for subdivision as both the overall block size and frontage falls slightly short for the council zone.

However, this house is now for sale and I believe there may be some interest from developers to subdivide. In recent times seen ive the council approve some that dont quite meet the requirements of frontage/size.

Myself and surrounding neighbours intend to oppose any subdivision application with all the resources at our disposal (not sure what they are yet), but I was hoping it doesn't get to that. What can I do to deter developers prior to auction day? I was thinking of putting up a sign on my property with info or handing out pamphlets on the day of auction etc? Is this silly thinking? What would deter you and what advice would you give me?

 

This is being silly.....get used to fact that change is the only constant.

If the guidelines are met you efforts will be futile.

 

Que?

 

1) See what happens and let the auction go unimpeded (they may have a legal case against you otherwise eg. loss of earnings).
2) Consider your options
3) Prepare to sell now as that should be one of the options.
I don't know why you are surprised that development is possible given you bought knowing it was.

 

Buy it and develop it yourself?

 

Its not within the guidelines, however in recent months the council seem to be allowing some that are not. I bought knowing the rules were on my side. im all for change within the rules, but this would be outside of that. That would hardly seem fair.

 

Then it should be easy to oppose.

 

If it's not within council guidelines council 'should' refuse it.

If it is within the guidelines then there's not much you can do.

Councils are known to have discretion when enforcing guidelines, so you never know which angle they will take.

I think you shouldn't jump the gun. Development isn't bad... it can certainly add value and enhance an area.

 

If it falls short but only just, then a decent proposal will still fly on its merits.

 

Acceptable solutions under the plan are the easy option, eg if it meets this specific minimum lot size then it can be approved. I assume this is the guidelines you refer to. The Performance Outcome for that solution might be something more along the lines of

Development has a site area and frontage width that is sufficient to:
(a) accommodate the scale and form of multiple dwelling buildings considering site features such as heritage or character buildings and slope;
(b) deliver useable communal open space areas and private open spaces;
(c) achieve viable areas of deep planting and landscaping to retain significant vegetation and protect or establish large subtropical shade trees;
(d) achieve safe and convenient vehicle access to the site;
(e) accommodate on-site parking and vehicle manoeuvring for residents, visitors and service providers;
(f) accommodate the location and size requirements of service authorities and site services to minimise adverse visual and amenity impacts on neighbours and the streetscape;
(g) minimise the impact of new driveways on the streetscape.

It is entirely possible that the lot meets the second without meeting the first.

We do a lot of appeals in P&E Court and there are sometimes submitters who join the appeal or who start the appeal themselves. In most instances it is a massive waste of time and money for the submitter (not to mention the poor developer) as the development will still get across the line. BUT you can often negotiate changes that makes the development more palatable to you (re-orient windows etc).

Neither the town planning firm, nor the law firm act on behalf of submitters, we only act on the pro development side.

 

Seriously, you're worried about 2 houses being erected next door vs one, or heaven forbid, a few attractive, new townhouses?

Be happy its not a block of apartments or a boarding house.

 

I don't think you should be allowed to utter the word "fair" while you scheme on how best to spoil a neighbours sale/auction process in order to prevent a development that you don't know will occur, in an area you know is full of it

Think about it. Consider how upset you are about an imaginary developer buying the site next door ...

Now consider how upset you'd be if you were the neighbour who had lived or owned in this area for years, an area that over time became more and more associated with townhouses etx

Some entirely self serving groucho moves in next door and then goes out of his way to spoil your sales process. Is that fair?

 

Owners in Bentleigh, Vic.... erected signs
They were everywhere, not talking 1 or 2 signs here.

"Developers are not welcome we will object your development"

Guess what, it did not work.... developers have been going nuts in this suburb


If it does happen then you will have an opportunity to have your say, until then do nothing.....as you will only be cutting your nose despite your face and achieving zip

MTR

 

I’d be wary about doing anything to impede the sale . The vendors may have a case against you if inclined .

We’ve had two subdivisions approved in ku-ring-gai , neither of which complied with their guidelines .

Ku-ring-gai is notorious for being one of the hardest councils to deal with , so for us to get two non complying developments through was a major achievement , but what we wanted to do wasn’t unreasonable and that was the view council took.

With the second one we had pretty well everyone in the street put in objections . We had a site meeting with the whole council in attendance and it was pretty well obvious that the council didn’t take kindly to opposition to what was really opposition to any development .

Not necessarily what you wanted to here , but probably reality .

Cliff

 

What is the zone of the property, the size of the block and the frontage width and I will be able to tell you whether or not Council is likely to support the subdivision?

 

Frankly I have never understood this type of opposition. There is, by your own definition, a crappy old house. Which presumably is tenanted at a low rate, and will only get worse because the owner won't spend any money on it.
A "developer" (ie son of satan) might build two new homes, probably give you a new fence, and you think this is a bad thing?

You refer to guidelines? I can imagine rules do vary between states and councils, but either there are hard regulations, or there may be some council discretion? If the regulations are hard, and they don't comply, then you will have solid grounds on which to object.
If there are flexible guidelines, and they are within Council's discretion, then you have Buckleys.

Your best bet is to be proactive, contact the new owners and ask to see their proposed design. You may have some luck in minor alterations if there is something particularly egregious, such as a window with direct LOS into your bedroom, etc.