Approaching neighbours re:development

MTR

MTR

HI All

My draftsperson/designer just sent me this draft letter to send to 2 neighbours regarding issues below. I would have thought that it would be best to contact them personally, I am after the best outcome.

I am green here, can anyone suggest what the best approach is under these circumstances.

Write this on each side of the side plan, right and rear as worked below.

thanks

I……………………………………………………………………………………….
Of……………………………………………………………………………………
Have viewed these plans and have No Objection to the
Height, length and setback of the walls located on the
Boundary. I also do not object to the height of any retaining
Walls.
Signed……………………………………………………..Date……………………..
 
Doesn't JG do this for you?

I have 2 schools of thought

1. Rely on Apathy: you don't contact neighbours and the Council will send out a standard letter advising them of it and they have the choice to reply or not. No reply means consent. Apathy of the other owners can be a winner here :)

2. Personal touch: you do it personally and they meet you and the design is explained to them and they see that it's ok. Some people can't read designs and once explained they see it's ok.

I've done 2 by apathy - first one total apathy no comment, second one apathy was non existant and OTT neighbour complains but still ok. Highgate is going Personal Touch - by Aaron and myself. He has done one neighbour and I the other (only because he reached out to me early on in the project).
 
westminster said:
Doesn't JG do this for you?

I have 2 schools of thought

1. Rely on Apathy: you don't contact neighbours and the Council will send out a standard letter advising them of it and they have the choice to reply or not. No reply means consent. Apathy of the other owners can be a winner here :)

2. Personal touch: you do it personally and they meet you and the design is explained to them and they see that it's ok. Some people can't read designs and once explained they see it's ok.

I've done 2 by apathy - first one total apathy no comment, second one apathy was non existant and OTT neighbour complains but still ok. Highgate is going Personal Touch - by Aaron and myself. He has done one neighbour and I the other (only because he reached out to me early on in the project).
Click to expand...

Definitely option No 1. Not much good comes out of option No 2. If you have objections you work with them at that stage. The council may like amendments to your plans as well.

Oscar
 
We asked our neighbour if she would object to a deck being build at the same line as the kitchen, which was closer to the fence than we could do if we were doing it now. She said no problems.

Once the plans were drawn, she did object and we had to cut 1m off the side of the deck, back to the "legal" distance from the fence. It didn't bother us, except that we were lucky that BCC allowed us to alter our plan. If we had to have new plans drawn and another fee paid, I would have egged her windows :D.

So, even if you get a sweet "that will be fine", don't count on it.
 
We only chatted to our immediate neighbour...and he was OK with it. Our other neighbours kicked a bit sting once advertising came out (they made replica models of the development to show overshadowing/heights etc) and then once that happened we placated them and we through with 2 objections. So I would go with option 1 - but make sure you go for the maximum first.
 
oc1 said:
Definitely option No 1. Not much good comes out of option No 2. If you have objections you work with them at that stage. The council may like amendments to your plans as well.

Oscar
Click to expand...

+1

unless you are not overshadowing their windows or living area.. .they wont have much to object....even though if they would like to object on things, they have to notify council and council will make a call , if they want you to respond to it or not.

That is all being said, if neighbors knows how to read plans..
 
matto_ said:
Hi mtr.

Any updates?

How did option 1 turn out?

Thanks
Click to expand...

Hi Matto
Council have sent letters to 2 neighbours, 1 phoned for explanation and seems happy, the other has not replied and is also an investor who intends to develop, so at this point in time fingers crossed all going well.

Council also indicated that they are happy with my plans and at this point don't believe there will be any changes.

I am expecting official approval shortly, I am dealing with City of Cockburn who are apparently great to deal with:)

Have also short listed 2 builders, both excellent work, smaller builder.

Cheers
MTR
 
arent you in cockburn?

they have in place in ASP48/49/58? allowing the total amount of allowable wall to be on any boundary in any configuration as long as the total amount on all boundaries doesn't exceed the allowable amount on one.

get it? no? i think i explained that pretty crap-like.
 
Aaron Sice said:
arent you in cockburn?

they have in place in ASP48/49/58? allowing the total amount of allowable wall to be on any boundary in any configuration as long as the total amount on all boundaries doesn't exceed the allowable amount on one.

get it? no? i think i explained that pretty crap-like.
Click to expand...

I think it perhaps does exceed the allowable amount, we pushed it.

:)
MTR
 
Plans and Permit Approved

Just an update

Cockburn Council approved my plans and permits for 3 unit site, submitted on 12 August, approved a couple of days ago, pretty damn good turnover.

MTR:)
 
Hi MTR,
I put in a proposal for a subdivision to council and as part of the process in Victoria you have to advertise for 2 weeks and all the neighbours will be sent a letter about the subdivision. Unfortunately 2 neighbours complained mostly due to the fact that the nice vacant block they oversee will now have a house built on it. There are some drainage issues on it due to the fact that a previous subdivision that was allowed didn't put in a big enough storm water system in. I planned to address this issue, but now due to the complaints of the two neighbours I have to prepare a report regarding drainage to council ($7000) with no guarantee it will be accepted the vibe I'm getting from council is that they will still object to the subdivision. This will mean I will need to go to VCAT which will require me to call expert witnesses to push my case (I received a quote of $6000) for this. Due to the costs of the development, the costs to challenge and go to VCAT I have decided to veto the subdivision (it's a 2 lot subdivision blocks are 1200sqm each approx value of block $150000 the other block has a house on it.) I'm from Bendigo Victoria. I spoke to a builder friend of mine who suggested that I wait for 6 months make some changes to my application (perhaps a 3 lot subdivision) and instead of going through the council process go straight to VCAT for approval, bypassing council and my neighbours. He has suggested I see a guy who specialises in difficult situations such as mine. Has anyone heard of this being done before or have any suggestions?
Cheersk
 
brisbane 04 said:
Hi MTR,
I put in a proposal for a subdivision to council and as part of the process in Victoria you have to advertise for 2 weeks and all the neighbours will be sent a letter about the subdivision. Unfortunately 2 neighbours complained mostly due to the fact that the nice vacant block they oversee will now have a house built on it. There are some drainage issues on it due to the fact that a previous subdivision that was allowed didn't put in a big enough storm water system in. I planned to address this issue, but now due to the complaints of the two neighbours I have to prepare a report regarding drainage to council ($7000) with no guarantee it will be accepted the vibe I'm getting from council is that they will still object to the subdivision. This will mean I will need to go to VCAT which will require me to call expert witnesses to push my case (I received a quote of $6000) for this. Due to the costs of the development, the costs to challenge and go to VCAT I have decided to veto the subdivision (it's a 2 lot subdivision blocks are 1200sqm each approx value of block $150000 the other block has a house on it.) I'm from Bendigo Victoria. I spoke to a builder friend of mine who suggested that I wait for 6 months make some changes to my application (perhaps a 3 lot subdivision) and instead of going through the council process go straight to VCAT for approval, bypassing council and my neighbours. He has suggested I see a guy who specialises in difficult situations such as mine. Has anyone heard of this being done before or have any suggestions?
Cheersk
Click to expand...

Oh no, what a nightmare.

From my experience in Melb it can be harder to get plans and permits over the line. I put together plans and permits for an 8 unit site a couple of years ago now, had the 2 neighbours phone me to ask if I wanted to purchase their house, once they realised I was not interested they both lodged complaints with council. Both the complaints were addressed by my architect and it all went through with no other issues.

Most important factor I would say is that you have the right person working with you who understands Council requirements etc and who knows how to grease the Council in other words has a good relationship with Council. I used an architect who built in Melb and who had a very good relationship with Council. Met with them prior to putting together plans etc to discuss what we were doing and it helped.

I would contact Oscar aka oc1 as he is a builder/developer and he also puts together plans and permits together for clients, he is currently progressing my 4 unit site in Thomastown Melb. Not sure whether he can help, depends on the area etc

The good news is that Melb is on the move, my area is becoming quite hot and it is the investors that are buying up. RE agent told me today he can not source enough stock at the moment, hope it stays this way.

Good luck
MTR
 
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