Illegal Structure Built On Boundary By Neighbour

Hi all,

Recently purchased a PPOR is BCC.

When we bought assumed the very large shed must have had a previous approval, have since found it that it doesn't.

It's not a small shed 15m x 7m and 6.5m high. It's an eyesore, it is also built 800mm from the boundary and I feel it's slab has created water runoff issues now in my yard.

What would you do and what is the likely outcome? I've heard the BCC is broke and won't challenge anything in court, so if I report the shed to council am I likely to start a neighbourhood war that will end up with the council just certifying his building.

Any suggestions on a solution welcome. I'd prefer t wasn't there as it looks like I live next door to a factory

The setbacks from boundary I believe for something this tall is 2m.

 

It was there when you inspected and bought it. You cant now insist that the neighbour demolish it because you dont like the look of it.

Stormwater is a valid concern, depends on the volume of water being diverted

Unless its structually unsound, good luck getting a council order to remove

 

We hid a rather unsightly Green coloured 3 car garage & workshop over a neighbouring fence with pencil pines.
Using plants as a natural sight barrier may also help your situation with the run off water concerns you have?

 

Plant one of the clumping bamboo species- several species get at least 6m height very quickly.

Does the shed not have gutters going into the storm water drain? If not, and stormwater is going onto your property, then you should follow that up.

 

Not viable. I have a look about 900mm from the fence on my side. I'm not keen to have bamboo leaves all through my pool

The issue with the water runoff is from the rest of his block, the large slab for the shed tunnels in down that 900mm corridor between his garage and up fencline, apparantly it has pushed mud into the pool previous to us buying it.

It's the appearance of it it makes it look like a factory from the back yard

 

Did you not notice the shed prior to purchasing?

I'm reasonably, sure this issue could be solved with a bit of drainage. You should note any issues following rain and take photos of any mud etc being forced onto your side.

 

A back body drop, into a figure four leg lock should see your neighbor submit and remove the shed.

 

Maybe spend the money and have a talk to a Property Lawyer, Town Planner ..This site has one that deals within the BCC Footprint by the name of RPI ..

 

Yeah I didn't really notice it till after we'd signed.

I did think it was an eyesore on the final inspection, it wasn't till the pool guy told me we'd had mud in the pool twice last year that I started paying more attention to it.

He said the guy had attempted to fix there issue but to be honest he didn't put the pit in the best spot, it catches some. It not all the muddy water runoff from his unsealed driveway.
Apparently after he last time it flooded the pool the other neighbour said to my properties owner that he should have thought about where he put his pool, the pool is 20 months old and the shed is less than 12 months. So the pool was there first

I started to research the rules and found the setback to be Should be min 2m for over 4.5m high.

I suppose my question was
1. Would others report it?
2.what will the council likely do, if they certify it retrospectively you started a war and the result is no different to current circumstance
3. It is an eyesore on the boundary, does the longer it get left there have a. Earring in the likelyhood the council let it stay?

I had an uncertified granny flat in the last place I bought, I recently demolished it after te gardens had grown behind to give privacy into the yard, every time a new boundary neighbour bought I always had concerns one might report it, I was prepared to then either demolish or certify. No one ever sobbed even though it was an eyesore. There were some happy neighbours when I demolished an dlandscaped it.

I suppose my point was, My thing was illegal and I always thought it was someone else's right to request I make it legal, or am I being a prick of a neighbour to address this shed

 

How do you know it is illegal? If a private certifier approved it with a setback relaxation there would be nothing on BCC's planning website to show that.

If you PM me the address I can have a look at and see if there is anything I can pick up.

BCC prosecutes relentlessly, one of my lawyers is almost in court against them everyday

 

I thought this too, is that not the case? I thought the local councils could either demand compliance (including removal) or approve ... can the council approve something that really doesn't comply with planning regs and not be contested about that?