Making an Objection to My Neighbor's Development Application

SnoozeAndLose on 09/01/2017 - 22:05
Last edited 10/01/2017 - 10:36 by 1 other user

Hi Everyone,

My back neighbor recently have lodge an development application to council and I get an notification.

They are altering from a 5 bedrooms house to a 6 bedrooms + entertainment room (possibly convert to a 7th bedroom), also they are requesting to build a 40,000L pool just right behind my master bedroom.

A bit on background: I am living in an estate type of house which land size is about 300 sqr meters to 450 sqr meters and max floor space ratio is 0.75:1 , both houses are build on the slope where we have about 4 meters height between between my house and neighbor's house, that is to say I can view into my neighbor house easily on Second level.

currently in the estate all original design is maximum 4 bedrooms and now my neighbor had a 5 bedrooms house which I doubt this an DA approved by the council , can this be a point to be challenged?

Also my concern is the pump for the swimming pool will be a problem but my neighbor have promise to use a good noise minimising material, I concern there is a compliance issue plus when the pump is broken it may run into more noise problem. Currently we could hear their A/C noise from our master bedroom and we need to close all windows in order to sleep.

I am also concerning when there is leaks in swimming pool we may run into foundation problem due to erosion as we are on the high size of the slope.

Can any ozbargainer share any experience with objecting a DA and it outcome?

Many thanks for your reading my post and sharing your view on this.

Home & Garden

Comments

  • [Deactivated] on 09/01/2017 - 23:10
    +2

    450sqm is a very small block of land for a 6 bedroom house. I would not let a pool be built next to my bedroom for two reasons: 1. Noise levels (people having fun and water really transmits noise very well). 2. Water damage to your property. Pools can and do leak. A small leak will be a big problem at some point.

    • SnoozeAndLose on 10/01/2017 - 07:51

      Have you ever made an submission with similar situation?

  • PizzaBoy on 10/01/2017 - 08:54
    +3

    You can make a submission, noting your reasons and possibly amenity impacts of the proposed development. You can just say "nah, don't like it because reasons".

    However, at the end of the day, the planner will make the assessment based on the codes and regulations in place. If this development meets whatever your state governrment residential codes stipulate, and they are satisfied with the amenity impact, then you can't do much.

    • holdenmg on 10/01/2017 - 09:47

      I'm pretty sure you can go to the Land and Environment Court, but that isn't an option the OP needs to deals with at this time.

    • SnoozeAndLose on 10/01/2017 - 10:08

      I am in NSW and I am trying to seek advice on any strong point to make an objection which can being considered as a valid point so that the DA can be reject/modify.

      • Wutzaw on 12/01/2017 - 01:51

        Hey mate, regarding ac noise being audible at night with windows opened, I'd suggest checking with your council dcp and the da approved conditions for your estate. Most councils will have conditions on the development regarding ac noise required to be inaudible during night time (10pm to 7am). Regarding the proposed pool, it is quite reasonable to raise complaints for pool pump noise. Council will set a criteria in the da approval that their pool pump will have to achieve at your house. It's likely that council will require a noise report done, which will cost quite a bit and may deter your neighbour from going ahead with the pool.

        • SnoozeAndLose on 12/01/2017 - 10:51

          Thank you for your common, what i could read is they have to be constructed in accordance
          with noise transmission and insulation requirements of the Building Code of
          Australia (BCA), after I read the BCA it exclude the air conditioner noise.

          And I can not find anywhere from the DCP about this,do you have any source for this?

          thank you so much

        • Wutzaw on 12/01/2017 - 17:49
          +1

          @LoveBargain15: what is your council? I help you out with research.

        • SnoozeAndLose on 12/01/2017 - 18:18

          @Wutzaw:
          Auburn city council, althrough it is meger with parramatta city council, the DA still use Auburn City DCP.

          Thanks a lot

        • Wutzaw on 12/01/2017 - 18:51

          @LoveBargain15:
          http://www.auburn.nsw.gov.au/Develop/PlanPolicies/Pages/Deve…
          Most of the dcp mention noise. I'd make a complaint to council. You can also bring up the inp (industrial noise policy).

          Edit: sorry my point is that since noise is mentioned in the dcp, your estate development approval should have a sentence in it specifying requirements regarding noise.

          I've had similar issues however it was in city of Sydney and my neighbour was restricted to using ac only during day time and evening.

  • JIMB0 on 10/01/2017 - 10:13
    +2

    You need to get a copy of your states planning scheme and carefully read through it looking for anything that their proposal could be in breach of. Eg. Overlooking windows, loss of permeable area, removal of trees, lack of parking, noise transmitted to your bedrooms, loss of amenity etc.

    Then write it up and submit to council. I did this when my neighbour wanted to build a unit in their backyard. It didn't stop the application getting approved but council did impose a lot of extra conditions on them.

    • SnoozeAndLose on 10/01/2017 - 10:21

      Thank you for letting me know

  • try2bhelpful on 10/01/2017 - 11:58
    +1

    Read the codes for your council and be very specific about what what your objections are and how they violate the code. Try to get a decibel reading on the sound of the airconditioner; there are a number of phone apps that will do that. There are laws on that as well so you might get that fixed whilst you are at it. Being in Fitzroy I have been on both sides of the fence with development and neither side is satisfactory. The objectors that are given short shrift are the ones with vague NIMBY comments. The ones that are taken seriously are the itemised ones. You might even be able to chat to the council planning people and get their opinion on the best approach here.

    If all else fails wait until their first pool party and then have loud noisy sex with your windows open. Best of luck.

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