Hi all,
I am having all sorts of trouble with my duplex build, and I would like some advice.
I am building a duplex on an angled block through a registered builder house and land package.
This is a rough idea of what has happened (from the builder)
? Deposit paid ? 1st Aug 2013 (TBC)
? Development Application ? 30 August 2013
? Council extended application time by way of ?information request? on 24th Sep 2013
? We responded (answered) councils ?information request? on 15 Oct 2013
? Council then extended the decision period on 12th Nov 2013
? Council did not make a decision by the required date ? so we requested a ?deemed approval? which is allowable and council is legally obliged to approve the development ?as is?
? Council approved the development on 24th Dec 2013 ? but see below for where it gets a bit complicated
o However, when council approved the development ? they did so without any plans attached which was a deliberate way preventing the development proceeding as we cannot lodge the building application without stamped approved plans
o Subsequent negotiations with council failed to get a resolution
Also:
? We have the plumbing approved by council with the duplex sited as per plans (see attached)
? The certifier is happy and able to approve the duplex if council stamps the plans
? Councils position is that the setbacks are not compliant ? however ? we have done a number of developments in this estate with the same minimum setbacks ? in fact ? this one has greater setbacks for a larger portion of the site than most other duplex?s in the area
The council has since knocked back the plans - even after "deemed approval".
Then the builder missed the appeal period, and we have had to resubmit the plans to get them refused AGAIN, just to open up another appeal period.
When we did this, the council apparently had 20 days to give us a decision. This was 3 months ago!!
I have been screwed here from all sides as far as I can see it.
I'm no expert, but I think 15 months for a duplex approval is ridiculous. Am I wrong??
I have many questions;
Is the council not required to stamp the plans after a deemed approval?
Is the council required to comply with the timeframes they are given?
Where do I stand with recourse for all of this? I am guessing I'm just struck with paying the interest payments on the land?!?
I know it's a lot of information, and if you've read this far I appreciate it.
I'm just wondering if anyone knows where I should go from here.
The builder thinks he's done nothing wrong and the council are very tight lipped and won't really answer any questions.
Cheers
Troy
I am having all sorts of trouble with my duplex build, and I would like some advice.
I am building a duplex on an angled block through a registered builder house and land package.
This is a rough idea of what has happened (from the builder)
? Deposit paid ? 1st Aug 2013 (TBC)
? Development Application ? 30 August 2013
? Council extended application time by way of ?information request? on 24th Sep 2013
? We responded (answered) councils ?information request? on 15 Oct 2013
? Council then extended the decision period on 12th Nov 2013
? Council did not make a decision by the required date ? so we requested a ?deemed approval? which is allowable and council is legally obliged to approve the development ?as is?
? Council approved the development on 24th Dec 2013 ? but see below for where it gets a bit complicated
o However, when council approved the development ? they did so without any plans attached which was a deliberate way preventing the development proceeding as we cannot lodge the building application without stamped approved plans
o Subsequent negotiations with council failed to get a resolution
Also:
? We have the plumbing approved by council with the duplex sited as per plans (see attached)
? The certifier is happy and able to approve the duplex if council stamps the plans
? Councils position is that the setbacks are not compliant ? however ? we have done a number of developments in this estate with the same minimum setbacks ? in fact ? this one has greater setbacks for a larger portion of the site than most other duplex?s in the area
The council has since knocked back the plans - even after "deemed approval".
Then the builder missed the appeal period, and we have had to resubmit the plans to get them refused AGAIN, just to open up another appeal period.
When we did this, the council apparently had 20 days to give us a decision. This was 3 months ago!!
I have been screwed here from all sides as far as I can see it.
I'm no expert, but I think 15 months for a duplex approval is ridiculous. Am I wrong??
I have many questions;
Is the council not required to stamp the plans after a deemed approval?
Is the council required to comply with the timeframes they are given?
Where do I stand with recourse for all of this? I am guessing I'm just struck with paying the interest payments on the land?!?
I know it's a lot of information, and if you've read this far I appreciate it.
I'm just wondering if anyone knows where I should go from here.
The builder thinks he's done nothing wrong and the council are very tight lipped and won't really answer any questions.
Cheers
Troy