Stupid objections

Discussion in 'Development' started by AdamPineapples, 27th Nov, 2015.

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  1. Tools

    Tools Well-Known Member

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    Shire of Yarra Ranges, owner objected to a dual occ in their street on the basis that their own application for a dual occ was refused. If I can't have it then neither can you!

    Tools
     
  2. Jamie_

    Jamie_ Well-Known Member

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    Good enough reason if I was in their position.
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    @Tools - on whatbasis was the other applicant's DA refused? Did the application comply with the DCP & LEP?
     
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  4. OC1

    OC1 Well-Known Member

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    One that stands out was a few years ago. 4 pages of absolute drivel. What made me laugh was that on one line they wrote the walls built along the boundary should't obstruct them from building units on their property. Next line stated that if the permit is approved they will have to sell their house. And it was a rental :eek:
     
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  5. AdamPineapples

    AdamPineapples Well-Known Member

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    Haha this is gold.
    I have a friend of mine who is developing a couple of streets away from a popular beach in Melbourne.

    One of the neighbors objections was that the development would impact his view of the golf course.
    Yes because people move to the beach to get a nice veiw of the golf course -.-
     
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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Only in winter

    There are no trees blocking the view of the course

    It's one massive bunker.
     
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  7. Wall Street

    Wall Street Well-Known Member

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    I'm currently trying to convince Greater Dandenong council that a 50s concrete, ex-commission house is not of Aboriginal significance. Ugh.
     
  8. OC1

    OC1 Well-Known Member

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    This is actually quite common. Sour grapes.
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    What's notsignificant about it? Are you going to have to prove chain of title for the tenants who lived there?
     
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  10. Wall Street

    Wall Street Well-Known Member

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    Probably. Easily found from Centrelink records!
     
  11. Eddy89

    Eddy89 Member

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    HAHAHA, don't get me started on this....
    We finally got our permits approved after 4 years!!

    Council objected because the street has all old houses and if we build townhouses it will change the look. However without any exaggeration almost every single street in the suburb have new developments built.... We went to VCAT over this....

    We had one neighbor object "the portable toilet whilst building will smell and thus do not want the building works to proceed"

    The other "to many mail box's which will make the street scape look ugly" (build of 3 townhouses so 3 mail box's)

    We also went to VCAT were the 'judge' at VCAT pretty much laughed at the council reasons, and approved it.
     
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  12. Scott No Mates

    Scott No Mates Well-Known Member

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    Council will often let you take the matter to the L&E court so that it can be seen that the court made the decision not them - poor cop out by gutless councils not standing up for legitimate objections or good proposals.

    In NSW, the parties are often sent to mediation first and agreement reached but council has blamed courts for the decision. The decisions previously have not been released but will be published noting that the parties have agreed (under S51 iirc). This will show that it wasn't a decision handed down by the LEC but an agreement between the developer and council.
     
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  13. AndrewTDP

    AndrewTDP Well-Known Member

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    On that, it can also be that the professional Council staff, trained in the relevant professions, have supported the development. Elected Councillors with no relevant training have decided to go against the expert recommendations and voted to not approve the development.

    Then, when it gets to Court, the actual professional Council staff just go, yeah, sure, whatever, sounds good, and it gets approved.

    A lot of the unreasonable refusals are dealt with in this manner.
     
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  14. Eddy89

    Eddy89 Member

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    AndrewTDP
    That is EXACTLY what happened, the planning department approved it all, it then went to the councilors (I saw the video of this on the councils website) I think there were 12 councilors and all of them agreed except for one councilor. and this held our project up for 4 years!!!
     
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  15. Aaron Sice

    Aaron Sice Well-Known Member

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    i will post a doosie after this Friday.

    absolute pearler....
     
  16. OC1

    OC1 Well-Known Member

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    Yep. Always a good idea to focus on gaining the council officers support if you are heading to the tribunal.
     
  17. Scott No Mates

    Scott No Mates Well-Known Member

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    Hanging out for it........click bait???
     
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  18. Jamie_

    Jamie_ Well-Known Member

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    confidentiality, most likely still ongoing :p
     
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  19. MTR

    MTR Well-Known Member

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    Which area... wow...nasty
     
  20. Roundhogg

    Roundhogg New Member

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    Didn't want to post this because it's bringing back my rage but here it is any way. All this came from one neighbour for 2 separate approvals on our PPOR.

    We put up a double carport (ie 4 posts and a gable roof) that needed a relaxation for front and side boundary, 500mm from fence.
    Neighbours complaints to council in abbreviated form......
    - carport will block out the sun (their block is north of us)
    - will reduce ventilation
    - will decrease the amenity of their property
    - will prevent fence maintenance.
    - will leave minimal open view
    - materials are out of character with neighbouring homes (there are approx 20 homes in the street and they range from Queenslanders, lowset brick, highset weatherboard, fibro, 2 storey rendered and some sort of corro demountable.

    Next was our DA for a raise and build in under and moving the house 800mm closer to them but still outside the boundary setback (queenslander on DCP)
    - block out the sun (again, their block is on the northern side of us)
    - we would take away their 'fresh air' by raising the house
    - walking and talking would be audible from their house
    - take away their privacy
    - toilet flushing downstairs would add unreasonable noise and adversely impact their amenity
    - downstairs extension should be removed because the house is big enough without it.
    - bathroom window shouldn't be allowed to face their property as it will cause unpleasant odours, and suggest relocation
    - doesn't fit in with Character of original house (we used weatherboards, tin roof and timber windows/doors).

    Sorry for the long post, but this is the short version (yes, there is more!!!!)