Neighbour Building Extension! Help!

LUnofficialking on 09/03/2017 - 13:13

Fellow Oz Bargainers,

Recently my neighbour has started building granny flats adjoining my property. I am going the have following problems if the proposal goes ahead:

  1. Proposed building height: The proposed development is particularly ill-considered because the height of the building is much higher than majority of the properties in the area. If the proposal goes ahead it will overshadow my small backyard in addition to my plants dying due to restricted sunlight.

  2. Loss of amenity (i.e. the pleasantness of outlook): I only have a little backyard (my house size 330 m2 vs 1010 m2- property where the development is occurring) My backyard will be impacted by a large structure looming over the yard/half the house.

  3. Noise: There is a possibility that due to closeness of the proposed structure, noise and disturbance would be one cause of concern.

  4. Property devaluation

I have spoken to the council this morning & asked them to look into the matter which will take 7 days. I am going to chat to my neighbour this evening but considering the frames are already up I don't think he will budge.

What options are available to me? Please help.

Poll Options

  • 4
    Sit back do nothing
  • 76
    Wait for the council to respond
  • 9
    Speak to a lawyer
  • 5
    Speak to the neighbour
General Discussion

Comments

  • coolhead on 09/03/2017 - 13:18
    +19

    if construction has already started, that means council has given all relevant approvals.
    The council must have sent a letter to all neighbors asking for any objections. That happens before issuing build certificate.. if you didn't do much in that time they may be you cant do much now..

    that guy is has started construction so if he stops now it will a loss for him,. so don't expect much help from him

    • Unofficialking on 09/03/2017 - 13:26

      Thanks Coolhead but I never received the letter/plans from the council/neighbour advising of the construction.

      • lupiter on 09/03/2017 - 13:44
        +3

        Did they submit plans to the council? It's possible your neighbour is building illegally.

        • Unofficialking on 09/03/2017 - 13:49
          +1

          Council declined to comment on that and advised me to put the objection in writing. I was under the impression that any extensions to your property required letter of support from your neighbour. But I would hate for my neighbour to loose money, if the plans have to be altered.

        • iratepirate on 09/03/2017 - 15:35

          @Unofficialking: There is normally a way to get a copy of all DA for a given property. In NSW you pay $85 for a certificate under section 149 of the Environmental Planning and Assessment Act. What council area are you in WA?

        • Unofficialking on 09/03/2017 - 15:41

          @iratepirate: Thanks mate, I am in Bayswater council in WA.

        • iratepirate on 09/03/2017 - 16:21

          @Unofficialking: Looks like if it's less than 60m square they don't need a DA (subject to their block size and size of the existing house). They will still need a building permit.

          Unfortunately they can also rent it out to anyone as well.

        • Unofficialking on 09/03/2017 - 16:41

          @iratepirate: Yeh that's my other worry- noise disturbance later down the track. Do you think the council will be of any assistance? Or does it depend on case by case basis.

        • iratepirate on 09/03/2017 - 17:29
          +2

          @Unofficialking: The council won't help you at all unless you're a contributor to one of the Councillor's reelection funds.

          My neighbour decided to build an illegal caravan park and pub next door. You can imagine the degenerates I've had to deal with. Eight years later it's still there. The development is prohibited in a rural zone but council refuses to do anything about it.

        • Unofficialking on 09/03/2017 - 17:33

          @iratepirate: That's terrible! Thank you for your insight.

        • eyeballz2770 on 10/03/2017 - 09:42

          @iratepirate: bikies

        • iratepirate on 10/03/2017 - 10:14
          +10

          @eyeballz2770: No need to subcontract.

          So far I've had their firearms license cancelled and guns taken. Filed a formal complaint with/about council. Reported his cash income to the ATO. Lodged a complaint with Liquor Licensing. Reported the development in a bush fire prone area to the RFS. Made a formal complaint RE illegal activities to the cops. Taken out an AVO so they can't come near me or my family. Made them lose all the income from aggisting another neighbours cattle. Forced them to knock down a large shed and fill in a dam they had built on crown land.

          Their business is failing and it's a matter of time until they go bankrupt.

      • Randxyz123 on 09/03/2017 - 15:55

        Normally they are required to put up a sign advising the planning permit number outside the property. Sometimes if the block is big enough that isn't required and the construction can go ahead with a building permit.

      • [Deactivated] on 11/03/2017 - 11:48

        If you are in NSW the neighbours can get a private certifier, my experience with them is that they tell you nothing. I complained to Council and they also did nothing. It's the pro-development thing

        We ended up leaving the house that we'd been in for five years as their extension involved putting a large swimming pool pump two meters from my sons bed. They didn't use a box to mitigate noise and ran the thing non-stop. I had advised them during construction phase that this would be an issue, which they didn't listen to.

        Apart from being obnoxious, this was against the local building regulations and they should never have been given certificate to occupy.
        I followed it through and Council argued that they had an exception, which was BS because I was working in the planning department at the neighbouring Council and checked with Planning Officers.

        good luck!

    • HeWhoKnows on 10/03/2017 - 21:51
      +2

      Not if its a complying development. Gets instant approval.

  • [Deactivated] on 09/03/2017 - 13:49
    +4

    Options available to you right now might be accessing the approval online. Check your council website. I've been through several as the neighbour and they can be pretty thorough (hundreds of pages). A true application even has sunlight modelling and tree root arborist reports and whatnot. Takes months. They also have to advertise with a sign out the front for a while.

  • dasher86 on 09/03/2017 - 13:53
    +3

    bikies

    • [Deactivated] on 11/03/2017 - 01:26

      I was just watching breaking bad … Fulminated mercury would also do the job nicely!

  • [Deactivated] on 09/03/2017 - 14:05

    Have they poured a foundation slab? It's not for 100% of buildings, but they usually prepare the earth with shaking and compaction etc. Granny flats might be lightweight, but it sounds a bit dodgey for there not to be weeks of noisy disruption before the frame is up.

    • Unofficialking on 09/03/2017 - 14:09

      Thanks Frugal, the construction started a week ago and the frames went up literally a day or so ago. I haven't heard any excessive noise and dont think they have poured a foundation slab.

      • [Deactivated] on 09/03/2017 - 14:12
        +2

        I would politely talk to another adjoining neighbour about it. If they didn't get paperwork…

        I've received paperwork by registered mail before from next door when it was done correctly!

        • Unofficialking on 09/03/2017 - 14:18

          Awesome! I will do that.
          I remember reading the exact same thing (on a website) saying that send the information via registered mail.
          Greatly appreciate your assistance.

  • good grape on 09/03/2017 - 14:40
    +2

    Some councils don't require a DA for granny flats and it could be done by CDC. That basically means you can pay a private certifier (architects, engineers etc) and get it done without going through Council.

    https://www.planningportal.nsw.gov.au/building-or-renovating…

    If it's a DA you can find an approval on the Council website, and you can pick faults if it is not built accordingly.

    Either way you can write in a complaint, so it gets recorded on file at the very least.

    and btw don't expect Councils to respond quickly, they don't.

    • Unofficialking on 09/03/2017 - 14:48
      +2

      Thought the first poll option covered it.

    • [Deactivated] on 11/03/2017 - 01:31
      +1

      5th option - sell up and move … buy some acreage and annex your land from Australia, so you don't have to deal with this BS or pay taxes.

  • thechemist on 09/03/2017 - 14:47
    +3

    You're in WA (rules are different probaby) but in Vic the council may not need to approve the extension as a planning permit is often not required. A building permit which you can get from a private building surveyor is all that is required. It still needs to comply with rescode (over shadowing rules, screening if looking into neighbours house etc.), However if it does not comply they may need to get you (the neighbour) to sign off and/or apply to council for a dispensation.

    In regards to height in Victoria it depends on your zoning (GRZ, NRZ etc.). There are now mandatory maximum height limits which can be found online.

    In regards to blocking of light it is the biggest issue on your Northern boundary

    Good luck

  • justhooked on 09/03/2017 - 17:43
    +1

    I'm in WA in my area you need council approval for any structure over 3x3 , I put up a 6x6 bali hut and didn't need my neighbors permission and one complained but nothing they could do about it.

  • [Deactivated] on 09/03/2017 - 17:46

    In NSW you can go through a private certifier instead of council if your design meets criteria for complying developement whose rules are set by NSW government. Owners of adjoining properties don't get advised of developememt and only know something's happening when the builders turn up. Not sure if WA have a similar scenario but this might be why you didn't get a letter advising if the build?

    • iratepirate on 09/03/2017 - 18:15
      +1

      It's the same in WA - they rewrote their act in 2013 and it closely follows the NSW one.

    • Geoff-bargain on 10/03/2017 - 11:56

      I'm in the process of having plans approved right now in nsw. In the quote from the private certifier it has a fee for notifying neighbours

      • [Deactivated] on 10/03/2017 - 15:23

        But as far as I understood (limited) as long as the building met guidlines no notification was required? Might just be a good guy certifier?

        • kiitos on 10/03/2017 - 16:58
          +1

          In NSW if it's a complying development, I believe they still have to notify neighbours when construction is about to commence.

          At least, that's what happened when a house was demolished across the road from us and a huge ugly complying monstrosity constructed. A single page in the letterbox on Sunday night from the certifier, bulldozers at 7am Monday…

        • iratepirate on 10/03/2017 - 17:32
          +1

          @kiitos: Bastards.

      • iratepirate on 10/03/2017 - 17:47

        Just 'cause they charged you a fee doesn't mean they'll do it.

        Get ahead of the problem and let your neighbors know in person - fact is there is nothing they can do about it if it complies, but you come off as a good neighbour when they know what's going on and the builders turn up.

  • paulinspace on 10/03/2017 - 09:01
    +1

    Multiple granny flats higher than other buildings in the area?! Sounds like a whole goddamn retirement home rather than a granny flat. All the granny flats I have ever seen are single story because old people don't like stairs. Fall and break a hip.
    If you have contacted council then its all you can do. Sit back and wait until they have done their thing. Those people just love finding illegal works and you can be sure they will be onto it, but it will be at council pace.

    • Cwong14u on 11/03/2017 - 09:00

      Relax, man. No need to shout.

      • gimli on 11/03/2017 - 11:17
        -3

        He was typing not shouting. Unless I missed some audio attachment..

    • OzzyOzbourne on 11/03/2017 - 11:23

      Troll much?

      • kiitos on 12/03/2017 - 11:41

        No, he's being sarcastic, presenting the council's response if op tries to object.

  • whooah1979 on 10/03/2017 - 22:19
    -2

    housing affordability is a hot topic at the moment and $100k granny flats are even hotter. they're popping up all over the place in sydney. you better get used to it.

  • DiscoJango on 11/03/2017 - 09:28
    -1

    if the property has "started building" then good luck stopping it now. or you can be one of those stressed out people you see on a current affair spending every cent they have fighting it in court. either deal with it, or, literally, move on.

  • ankor on 11/03/2017 - 12:13
    +2

    We need an extra option - start composting and raising chickens on the fence line for that sweet deliciously ripe smell.

  • bitcoinorbust on 11/03/2017 - 13:17

    Just part of the risk when living in suburbia.

  • immortalbjr on 11/03/2017 - 13:36
    -3

    it will overshadow my small backyard in addition to my plants dying due to restricted sunlight

    Stopped reading here: just another pedantic-too-much-free-time whinge post.

  • Butt Scratcher on 16/03/2017 - 14:52

    Do your own research and make actual reference to rules/regulations. I can give you pointers for what I vaguely remember about for some of your concerns

    If the windows are 9m away and elevated around 1.9m you could ask them to frost the windows or ask them to install a private screen. This applies to private living spaces and backyards I believe

    About overshadowing, I believe you are entitled to at least 5 hours where your property isn't overshadowed. You gotta look up the percentage they can overshadow. Look at the app to see if any of these are factored in.

    Devaluation is a valid concern but i doubt the council would put much weight for this

    I doubt you're going to be able to stop the development all together, the best you can do is minimize the impact.

  • myusername on 16/03/2017 - 14:59

    no bikies option?

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