dont call ACA we are developers.. the show will end up with a title of "greedy developer"
Deemed Refusal
- Thread starter Mark C
- Start date
Not knowing the situation e.g. how long has the app been in? how many objections did you get I cannot really comment except to say - whats new.
Unfortunately for us, council actually (perversely) prefers it to go to court AND loose. This way they wipe their hands clean of any future liability\responsibility. That is, they can always blame the courts.
Have they provided you with any reason? Or have they simply done the very fun game of asking for changes without end...
Unfortunately I have heard of developers in Melbourne handing in the DA and the court papers on the same day i.e. by the time the court is ready to hear the matter is about the same time council has most likely failed to provide an answer within the legislated time-frame so the developer deem refuses and gets it approved in court quick smart.
Brisbane is well on its way to end up the same.
Regardless i feel for you mate, good luck stick to your guns and make sure your on the right (avoid getting technically undone.)
Cheers.
Unfortunately for us, council actually (perversely) prefers it to go to court AND loose. This way they wipe their hands clean of any future liability\responsibility. That is, they can always blame the courts.
Have they provided you with any reason? Or have they simply done the very fun game of asking for changes without end...
Unfortunately I have heard of developers in Melbourne handing in the DA and the court papers on the same day i.e. by the time the court is ready to hear the matter is about the same time council has most likely failed to provide an answer within the legislated time-frame so the developer deem refuses and gets it approved in court quick smart.
Brisbane is well on its way to end up the same.
Regardless i feel for you mate, good luck stick to your guns and make sure your on the right (avoid getting technically undone.)
Cheers.
tcocaro,
We played the endless request for changes game, I lodged June 07 advertised March 08.
The only objection from council so far happened after I took the deemed refusal, in fact the first time council told advised me what their objection is was when I read about in the newspaper last weekend.
P&E court seems to be normal procedure for developers in Brisbane, I've accepted that it's going to be another 6 - 12 months to get an approval.
Valuable lessons learnt, get the application in and at deemed refusal stage as soon as possible. Even if it means not responding to information requests. Time costs more than legals, not getting an answer can cost millions.
I also have an application with the GCCC at present, there has to be a council somewhere that still gives approvals.
Belu, directions hearing was held yesterday. The judge agreed with councils lawyer and extended the requested timeframes by 1 week on all responses.
The next process is a without prejudice meeting by the 7th November.
There has been numerous letters to councilors and other politicians, all have responded in the same manor. It's not our responsibility, I have to go through proper process, we don't have any juristrisction, yes I'll send on your concerns to someone else, even the Ombudsman told me to sort it out in the P&E court despite clear breaches of IPA.
It was an "abuse of power" by Wollongong town planners when they approved applications that should not have been approved. I also believe it's an "abuse of power" not approving applications that should be approved.
But this doesn't make the papers.
Will post any updates as they happen.
Mark
We played the endless request for changes game, I lodged June 07 advertised March 08.
The only objection from council so far happened after I took the deemed refusal, in fact the first time council told advised me what their objection is was when I read about in the newspaper last weekend.
P&E court seems to be normal procedure for developers in Brisbane, I've accepted that it's going to be another 6 - 12 months to get an approval.
Valuable lessons learnt, get the application in and at deemed refusal stage as soon as possible. Even if it means not responding to information requests. Time costs more than legals, not getting an answer can cost millions.
I also have an application with the GCCC at present, there has to be a council somewhere that still gives approvals.
Belu, directions hearing was held yesterday. The judge agreed with councils lawyer and extended the requested timeframes by 1 week on all responses.
The next process is a without prejudice meeting by the 7th November.
There has been numerous letters to councilors and other politicians, all have responded in the same manor. It's not our responsibility, I have to go through proper process, we don't have any juristrisction, yes I'll send on your concerns to someone else, even the Ombudsman told me to sort it out in the P&E court despite clear breaches of IPA.
It was an "abuse of power" by Wollongong town planners when they approved applications that should not have been approved. I also believe it's an "abuse of power" not approving applications that should be approved.
But this doesn't make the papers.
Will post any updates as they happen.
Mark
But I guess you dont have to sleep with them to get them to refuse apps.
So how did it go?
Are you still wrangling with the courts?
Are you still wrangling with the courts?
Gold Coast city council have their hands deep in everyones pockets, so much so that developing up there has been stifled and the developers are actively complaining. They base their development fees (council contribution) not on the development going on the block, but, wait for it, on what could have been built on the block. So if you only want to build 2 townhouses, and could have got 6 apartments, or whatever on the block, the council contribution is for the 6 apartments. We have recently shifted back to Melb and turned our PPR into a rental, and guess what? Minutes after we signed with a RE, there is a letter in the post to say, now that its a rental, please mark on the attached sheet what sq etc. it is so we can now charge you commercial rates instead of domestic. I can only think there must be some sort of mandatory reporting from the REA. Your problem with the water system amounts to the same thing they are doing up there
Celica,
I believe the way the contributions are calculated is called "Highest and best use".
I ran a feaso on a new land purchase and development for a medium density unit subdivision 15km from CBD in BCC. Just based on theory not a real deal.
Taxes accounted for 40% of the sell price!
GST and Contributions charges alone are double what the raw land price is, that's without including stamp duty and the never ending council fees.
Private infrastructure can half the contributions charges if you can last the court case to get it approved.
In my opnion being green dose not help the council earn revenue from contributions.
Mark
I believe the way the contributions are calculated is called "Highest and best use".
I ran a feaso on a new land purchase and development for a medium density unit subdivision 15km from CBD in BCC. Just based on theory not a real deal.
Taxes accounted for 40% of the sell price!
GST and Contributions charges alone are double what the raw land price is, that's without including stamp duty and the never ending council fees.
Private infrastructure can half the contributions charges if you can last the court case to get it approved.
In my opnion being green dose not help the council earn revenue from contributions.
Mark
