how to fight DA NSW - overshadowing Developer?

Discussion in 'Development' started by Sue Theron, 11th Oct, 2019.

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  1. Sue Theron

    Sue Theron New Member

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    Help!!! [​IMG] we've got less than two weeks to review a massive subdivision planned for a hill behind us into 14 building lots. The Council has given public land to the Developer to access a previously land-locked steep slope behind our street, and we (myself and a dozen neighbours) will be overlooked by the 14 land lots proposed.

    I'd really appreciate some leads on how to find the relevant legislation and check whether the proposal meets the codes and how can we fight this:
    • - can we demand indicative sun/shadow/ overlooking diagrams/3D models to show what the land will look like when developed?
    • - can we request caveats on any buildings, to restrict building height to one storey?
    • - can we put protection orders on the few trees the Developer is claiming will provide privacy? The trees are scarce and can easily be knocked over by 'accident'. What happens to our privacy if the trees go?
    • - what part of the Legislation governs overlooking by windows onto neighbours?
    • - what rights does the Council have to give public land to a private (for profit) development? The Developer states in the DA that the cost of works will be around $490K, and stands to make around $4.5M profit from sales
    It will be much easier to fight at this stage when the Developer is proposing to subdivide the land into building lots, than if we have to individually fight 14 different building applications when the building lots are sold.

    Thanks in advance, I'm just feeling overwhelmed by the task and simply don't have days required to research all of this atm. Thank you!
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    @Sue Theron

    They are subdividing land, no construction is planned so shadow diagrams cannot be provided for buildings which are not proposed. Your best bet may be to require the developer to provide shadow diagrams based on the building envelope for the LEP/DCP which is relevant to the site.

    You note that the access handle was 'given' to the developer - on what basis? Was it a non-formed road (but shown as dedicated for road purposes on the Deposited Plan), a right of way, open space, undedicated land. Was it on council's land register as operational land or community land? Has it gone through a planning proposal and received ministerial consent? Did council sell the land (under the appropriate powers)?
     
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  3. Sue Theron

    Sue Theron New Member

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    Great point, thanks Scott. I was wondering how to request the shadow diagrams. Am digging up the SEP now, and should be able to request that the same shadow diagrams for permitted building envelope also include permitted windows..

    Re the access to the parcel of land, the DA refers to "S138 Construction of a layback, driveway and footpath crossing". I am unclear how to dig up more info on this, or how to find out about changes to zoning etc. Do you have any tips please? will I need to go through Council's Minutes? Is there an easier way? thank you
     
  4. wylie

    wylie Moderator Staff Member

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    Could you band together and hire someone who knows how to tackle this?
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    The shadow diagram won't show anything about the windows

    This relates to the buildilng of their internal roads, kerbs, gutters and laybacks.

    Are there any other neighbours who will/should be objecting?
     
  6. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Generally, anything they build will be controlled/governed by your state or local design codes. For example in Perth here you can have a full length windows facing neighbours if there is a 4.5m radius cone away from neighbours for bedrooms and 7.5m radius cone away for balconies and living areas. The reality is that you can definitely see more than 4.5m and 7.5m so there will still be some overlooking but it is compliant at those distances so you can't object to it.

    Your best bet it to talk to the town planner at the council who is assigned to it. They will let you know if there will be any extra conditions on it and what you can and can't object to.

    Edit: don't get into bed with council typo
     
    Last edited: 13th Oct, 2019
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    I don't know if getting into bed with the TP at council is permitted. IIRC, something like that went on a few years back at Wollongong Council. ICAC got involved.
     
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