Planning application refusal - in shock

So I have found out today that council have knocked back my townhouse development application based on some grounds which are quite unexpected.
So we had more than fit the criteria's.
Developments have occurred in the same street already
Had made all changes requested of council months ago.
Had 1 minor minor objection
Did not receive any further correspondence or discussion from council for any other modifications required.

My planner advised only way forward is we have 60 days to lodge with vcat and one of 2 things may happen.
Council will come to the negotiating table prior to vcat hearing and resolve through mediation and get permit OR have to go through the vcat hoops but would expect to likely get a permit with perhaps some minor changes. (Has anyone had experience with difficult council planners)

Anyone got any experience or tips to share

either way its time and money - No happy JAN

 

I think everyone who has developed has had experience with difficult council planners. Off the top of my head, I am going to tag @Westminster, @MTR, @Aaron Sice and @Leo2413.

I had a difficult council planner for my first development. They sent a letter to my builder stating they would refuse the DA unless it was modified. I actually spoke to the planner to work out a way forward, which we did. It ended up being approved but took 4 months, which is unusually long for Perth.

What were the reasons for refusal for your DA?

 

Go to vcat, from what I can tell it's quite common for these things to happen in Melbourne and the vcat process is one of the better ones - don't get me started on the WA process

 

I'm surprised you didn't receive any further feedback to make changes prior to being finally submitted. I had an iffy situation in Brisbane so my townplanner and I did a pre- lodgement meeting to make sure we knew what they wanted and would accept prior to lodging the DA which worked well.

No direct experience with Vic councils but I too have heard this kind of thing there is common . My only suggestion is just have to play their game and jump the hoops. Make sure you have a good town planner and all the documentation you need if it gets to vcat. Good luck!

 

Im having fun and games with the City of Cockburn (pronounced Coburn) at the moment.

Could write an essay but it will only make me sad and mad!

 

They probably not too happy with what's on fire..

 

What were the reasons for refusal?

For those with experience - I'm curious, if you can then meet the reasons for refusal, does the council have to approve the DA? Or can they then add some other reason to frustrate the applicant?

 

You know should I be worried about putting the reasons out there for fear that someone may be reading and wish to punish me harder with difficulties in getting this through...
I was stumped as me 'the applicant' tried ONLY 2 attempts over past 6 months to call council planner for an update which were not returned, - instead I got told off by council planner via my planner b-coz I should have gone thru my planner instead of calling council directly - oops i didnt even know, perhaps that is normal process
is it normal if there are no flood overlays in the area, nor being asked to provide - to have a condition of refusal being that no flood mitigation report was provided....

 

Is that report relatively easy to provide?

Are you sure all communication between council & you planner has been passed on?

 

Unfortunately it's part of developing. Make sure you have in writing exactly what the issues are and comprehensively address them in an updated submission.
We recently had one of our high end projects knocked back by council after one year of trying to get it approved. The updated submission went back in to council for (hopefully) approval as all issues have been addressed.
Good luck.

 

You have a dog, why bark? It is just the way that it's done, the planner has the relationship with council, you speak with the planner to chase it up (just like you don't call the solicitor for the other party for an update, you call your solicitor for info).

Curious now with the planner's recommendation - was it recommended for approval or rejection by the planner handling the matter and council knocked it back/supported the recommendation?

Some councils will knock back controversial applications (those with objections) even though the recommendation is for approval - they want to protect their jobs/not be seen to support controversial outcomes and to have it approved by VCAT.

 

[QUOTE="Some councils will knock back controversial applications (those with objections) even though the recommendation is for approval - they want to protect their jobs/not be seen to support controversial outcomes and to have it approved by VCAT.[/QUOTE]

That does make sense.

 

It does seem a bit unusual to call Council yourself if you are going through a private planner. Could be annoying for both your planner and Council - there needs to be one clear contact point and by going with a private planner you are saying your planner is that contact point.

Meet with all three together by all means, but if you start going to Council without your planner being involved it opens a world of potential misunderstanding.

What did your planner say about the flood issue? Was it requested but not provided?

 

While I agree that this can be the case I don't think you can make it as a blanket statement.

My builder got the letter saying our DA didn't comply. I called the council planner, asked them to explain the issue, brainstormed a solution and relayed this to my builder. The next draft of the DA was approved. I depends on how well a proponent knows the system. I know our town planning system reasonably well, so I am able to negotiate a solution that I know I will be happy with.

 

Only 2 comments;

1) Goal posts are made to be moved at will (council's discretion
(many examples around the forum).

2) If you were the "applicant" (you signed the form as the applicant as well as the owners consent form) I see no harm in occasionally contacting council directly, I think council was over-reacting. (as long as you were not complaining about the council and undermining the work the TP was doing).

 

My planner said no previous reference / request was made to provide for flood.
I by no means was trying to undermine, just trying to guage time frames for future planning projections.
I guess this is all part of the experience....

 

All part of the development process..... it's why strong and committed people become developers and not everyone can do it. Councils are all different, and personnel within each Council can be profoundly and (confoundedly) different. Bottom line is... be prepared to jump through many hoops, some of which are moving targets. I strongly advise getting professional help when doing your projects. Planners, Attorneys, Architects, Builders...will all be invaluable. Seeking outside adjudication, such as VCAT is almost the norm nowadays, so be prepared to fight for your case.

 

Unfortunately trying to plan future planning projections is like herding cats - near on impossible.

It is very disappointing that the council town planner did not simply ask for the flood report. We have found in the past that even if something is not relevant to the site, if it is on the Council checklist then it must be provided.

What has your town planner advised re VCAT?

 

Oh westminister - LOL - can i change my icon to those cats
having a sit meeting with my planner next week re vcat & hopeful mediation prior to vcat

 

which council?

As for developments that occurred in the street - that was pre-april when the new regs came in. So likely it has become more stricter assuming you are in the general residential zone.

Maybe go to someone like best hooper for a 2nd opinion or something.