Property Development Tip 3: Development Application/Town Planning Approval Hurdles

“Quick question, what would you recommend be done if you buy a development site with plans to develop it into villas, townhouses, units etc and then it becomes apparent that council will not allow the development as others nearby are being knocked back based on neighbors objections?” @DaveM

LONG ANSWER

Few ways to handle above situation (Given that you have hired right team):

1. Don’t take no for an answer. Familiarize yourself to words like, Variation, Exception, Policy not met but objective satisfied, dispensation. These words are commonly used to allow development that is outside of policy/Box. If you can negotiate with council, that is the easiest and cheapest option. Planning controls (should) work on give n take situation at most pro development council.

2. If you still get knocked back from Local authority ( for countless reason), take the matter to Land & Environment court, VCAT(vic), QCAT(qld), WAPC(WA). Here,


· You may have to wait a while to get approval

· You may have to adjust design, Bulk, Form, material.

· Your proposal will be assessed on local and state policy and your overall effort to achieve best development possible on site

· All neighbors and opposing parties are locked in one room.

· Neighbors objection wont stand a chance, as long as proposed development meets requirement.

· Some what time consuming and costly but You will get final YES or NO

Just to give you an idea, came across a NSW Developer not long ago. Their proposed development attracted 800+ objections (inc ex-planning minister) . Anyway, long story short, they manage to get an approval. Moral is, get the design and planning control right and stick to your guns!


SHORT ANSWER!

Have capacity to hold that property as long as it takes and buy better property next time!

 

@Be Developer - the proposal that you highlighted was a boarding house in a residential area of Avalon. An allowable use undet the zoning & LEP.

The community was a pack of Nimbys as they were opposed to low cost/affordable rental housing in their $1m+ neighbourhood.

The planning decision was taken out of council's hands (council didn’t want to be seen as the body granting approval).

The revision of the EPAA NSW is long overdue but has been taken off the radar by the state government - this would have simplified development and provide certainty by permitting approved uses. That is, if the zoning said medium density then providing your proposal complied with the requirements in the DCP (eg setbacks, fsr, height, bulk, parking etc) then objections couldn't be raised.

 

@Scott No Mates

That developer happens to be a client of channel partner.

Wording "affordable housing" would have been appropriate. Application used wording "boarding house".

However, I command them for going thru such a pain staking journey. Such ppl and incident inspires us to overcome with little hurdles we face everyday.

 

@Be Developer
Thanks for the information.

Have capacity to hold that property as long as it takes

Agree with the above comment.
Regardless as a developer there are no guarantees, you do your DD but if you have people/neighbours objecting and wanting to go take it further tough luck. You need to have thick skin and nerves of steel to be a developer

MTR

 

Agreed! But the best advice I can possibly give is if it fails with 1 planner TRY ANOTHER! I am absolutely convinced councils have floor to ceiling cubicle walls with no windows and no way to interact with colleagues. How 2 people in the same department can have totally different responses to an issue astounds me!
When discussing a recent subdivison I spoke to 3 council planners and an independent town planner who all have different responses.

I also fought with 1 planner for 6 months for a second crossover, eventually had it reassigned to a new planner who approved it in 7 days. Admittedly I had done a lot of ground work to strengthen my case but regardless the other planner had dug his heels in and it didn't matter how strong my argument was he was sending me to VCAT (read - arrogance and didn't want to be proven wrong). Fresh eyes looked at it and realised it made common sense.
This goes back to your important point of having the cash to hold it, it take me 6 months but this meant no common land and I believe paid for itself in holding costs 10 fold.