Looking for a certifier

Discussion in 'Legal Issues' started by Gavins1, 30th Nov, 2019.

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  1. Gavins1

    Gavins1 Member

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    My neighbor has given the council and my certifier a hard time, threatning to sue them if they approve my CDC granny flat
    My certifier caved and wont do it. This neighbor has threatened to sue me and other neighbors before, its obviously how he gets his own way in life. Anyone know a great certifier that will do it?
    Thanks.
     
  2. bmc

    bmc Well-Known Member

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    lixas4 and Gavins1 like this.
  3. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    I've used both these certifiers before - not sure of your exact situation, but worth giving them a try:

    Compass Building Approvals - Nick Georgeopolous
    Darren Ball & Associates

    With Darren Ball I project managed a CDC new house build with the neighbour threatening to sue us the whole time but we progressed with no issues.
     
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  4. Gavins1

    Gavins1 Member

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    Thanks bmc, thats an interesting idea and thanks Melissa.
    I was thinking of giving them an additional $5000 on top of their fee, because we will have to pay for additional excavation and fees if we do a DA anyway.
     
  5. Paul@PAS

    [email protected] Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    A neighbour can't sue a certifier if it a complying dev. It's akin to suing a council for doing it's job. The neighbour needs to action a l&E action and remains liable for both parties legals if it's complying
     
  6. Gavins1

    Gavins1 Member

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    I have talked to my Lawyer and he doesnt agree with the argument althogh it can be disputed in court by council OR the complainant. So we have to now do a DA
     
  7. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    Thats odd, it shouldn't be up to a lawyer - if its complying development then it can go ahead under the code and if its not then it needs a DA but that should be up to a certifier. You could even appoint Council as your certifier.
     
  8. Gavins1

    Gavins1 Member

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    Yes, I am going to ask the council if they will support a council issued CDC, this is our other option as the neighbor cannot dispute it, the neighbor objecting is employed by a neighboring council as a planning lawyer. with the CDC they picked up a grey area where - yes the CDC can be issued but it also can be disputed and taken to court.