Mona Vale Townhouse Development - Update
- Thread starter MichaelW
- Start date
Congratulations Michael and Kaye, Peter
Well done Michael - now the real fun beings!!
Fin.
Fin.
Ugly taste in the mouth
Furious!!
God, I can't get over the nerve of council. Kay is about to go off to the binding section 34 hearing this afternoon, and they've modified their conditions of consent and added another $15K in section 94 contributions! I can only assume that there has been a rate increase in January which allows them to ramp it up. They stalled and stalled and fretted at the fringes and here we are, just into January to go through the formalities of the approval and out pops another $15K in costs!
Absolutely steaming furious! To the point that Kay is tempted to derail the entire thing out of pure frustration. I wish there was someone I could shoot right now just to vent some steam.
We're probably stuck with it, but Kay is on the warpath and the "done deal" section 34 hearing is about to get really ugly. The hide of them! This DA was submitted in April 2007, and should have been approved months ago. But they stall it to January and then hike up the contributions. The commissioner will probably just say something like "ah well, we're bound by the legislation and that's the new rate". I've lost all faith in the LEC for providing a reasoned arbiter service. They are just another stoog body. The whole process is just one debacle after another.
I've said to Kay to try and just get the approval stamp today anyway and we'll take it from there, but it really does leave an ugly taste in the mouth. Forget the Bollinger tonight. I think I'd choke on it now.
Why does it all have to be such a **$$!!** uphill battle. Bloody council!!
MW
Furious!!
God, I can't get over the nerve of council. Kay is about to go off to the binding section 34 hearing this afternoon, and they've modified their conditions of consent and added another $15K in section 94 contributions! I can only assume that there has been a rate increase in January which allows them to ramp it up. They stalled and stalled and fretted at the fringes and here we are, just into January to go through the formalities of the approval and out pops another $15K in costs!
Absolutely steaming furious! To the point that Kay is tempted to derail the entire thing out of pure frustration. I wish there was someone I could shoot right now just to vent some steam.
We're probably stuck with it, but Kay is on the warpath and the "done deal" section 34 hearing is about to get really ugly. The hide of them! This DA was submitted in April 2007, and should have been approved months ago. But they stall it to January and then hike up the contributions. The commissioner will probably just say something like "ah well, we're bound by the legislation and that's the new rate". I've lost all faith in the LEC for providing a reasoned arbiter service. They are just another stoog body. The whole process is just one debacle after another.
I've said to Kay to try and just get the approval stamp today anyway and we'll take it from there, but it really does leave an ugly taste in the mouth. Forget the Bollinger tonight. I think I'd choke on it now.
Why does it all have to be such a **$$!!** uphill battle. Bloody council!!
MW
hmmm...there is a set formula for imposing Sec94 contributions...make a call to the Dept of Planning, they'll be able to advise you. Or, the Sec94 contributions plan for the council should be on their website...they can't just "add" costs on for the sake of it...and I believe (but happy to be corrected) that they have to apply costs according to the lodgement date, not approval date of the proposal...
good luck!
good luck!
Hi Joanna,
I just spoke to my architect and he said that s. 94 contributions are levied based on the date that the Construction Certificate is granted and not the DA. So, regardless of whether the DA was approved in December or January, the new s. 94 rates would apply to our development. It sucks a bit, but at least council wasn't being sneaky in delaying DA approval until January. That's just the price we have to pay for a 2008 construction.
Kay and the architect are in at the binding s. 34 hearing right now and I'm awaiting the call from Kay to say that its all gone well... The buggers also changed the location at the last minute too. It was supposed to be at council in Mona Vale, but 1hr before it was due to start they said they wanted us in at the LEC in town. So my architect was trying to call Kay on her mobile so he could pick her up at council and drive her into the CBD. All a bit hectic and all just added frustration right at the finish line.
Maybe that Bolly will make an appearance tonight after all!
Cheers,
Michael.
even if just to get p!ssed and happy! man, i got furious just reading about it. all councils seems to feel happy to add costs willy nilly.
we had our da in council for over a month when they suddenly decided they needed a landscape plan. i wasn't allowed to draw something up and submit it - even tho i knew exactly what i wanted, and where, for the landscaping - noooooo, i had to pay $1000 for a certified landscape design to stamp the plans that were drawn up to my specifications. nowhere near $15k - but it still stings when they just "throw it out there".
Michael - its frustrating but 15k compared the value (and future value) of your three townhouses its pretty small. You will look back in 10 years and smile...... I know this is on top of MANY other costs but it won't affect the overall project too much!
Hi guys,Break out the Bolly tonight anyway - even if just to celebrate the fact that you and Kay survived the day!
Well the Bolly made an appearance tonight after all. Kay fought tooth and nail for over two hours in front of the commissioner and finally came out on top. Council tried to argue this wasn't supposed to be a binding s. 34 hearing, and the solicitor for the neighbour really dug his heals in and argued black and blue about non-conforming over-shadowing despite our proving its conformance. A few other red herrings were plucked from left field, but Kay's persistance peppered with a fair bit of targeted aggression won the day. The commissioner executed his executive power and granted the DA despite council's objection in the end. The stamped plans should be in the mail within a few days time.
Kay is so shattered that a few glasses of Bolly, and a quick spa with all three of us has put her over the edge. Its only 8:30pm and already she's gone to bed. She's a completely spent unit. But what a woman hey! Boy, its so important to have a strong team on this sort of endeavour. I feel sorry for the investors out there going it alone, or doing it with their partner's lip service support only. Kay is boots and all on board and as critical to the success of this project as my meagre efforts are.
We're off to celebrate our wedding anniversary up at Peppers Anchorage resort at Port Stephens over the weekend and now we've got something extra to celebrate. There's another bottle of chilled fine champagne waiting in that fridge and a whole weekend of sleep and "us" time to celebrate and reflect on how lucky we are.
Next step is construction certificate and some tender documents, but that's a job for another day. That stamp alone has probably added $300K minimum to the value of the site and that's worth celebrating!!
Cheers,
Michael.
Ha! Never underestimate an intelligent woman on a mission!!
Congratulations Michael and Kay,
The CC is the easiest bit. Just make sure that all your plans are documented properly and adjusted according to the conditions imposed on the consent and you'll get the CC in a breeze.
Just DON'T go to council as your Principal Certifying Authority...Definately go to a Private Certifier (happy to give you a few names to talk to if you like)
Congratulations Michael and Kay,
The CC is the easiest bit. Just make sure that all your plans are documented properly and adjusted according to the conditions imposed on the consent and you'll get the CC in a breeze.
Just DON'T go to council as your Principal Certifying Authority...Definately go to a Private Certifier (happy to give you a few names to talk to if you like)
Thanks Joanna!
We're definately going the private certifier route. When sipping the Bolly last night we had one toast: "Cheers to never having to deal with Pittwater Council again on this development"!
Its still showing as not determined on council's DA tracking website here:
http://portal.pittwater.nsw.gov.au/internet/modules/TrackingDA/default.aspx?page=wrapper&key=170218
But shouldn't be long now until that gets updated...
Cheers,
Michael.
Congratulations Michael and Kay.
A classic example of the old rule "you make your money at your DA stage".
Michael and Kay have achieved true "value adding" as the block had been on the market for while and overlooked by many as too hard to get three apartments and at two, was risky. To get over council and a local with his own solicitor is testament to Kay’s ability.
I am jealous. Wife, mother, lover and solicitor all in one gal. Brings a new meaning to “getting into bed” with your legal team! Maybe you can write off the trip this weekend as a business conference: confused:
Seriously, a great achievement financially and what a relief to have that worry off your mind. You must have slept all weekend.
Peter 14.7
A classic example of the old rule "you make your money at your DA stage".
Michael and Kay have achieved true "value adding" as the block had been on the market for while and overlooked by many as too hard to get three apartments and at two, was risky. To get over council and a local with his own solicitor is testament to Kay’s ability.
I am jealous. Wife, mother, lover and solicitor all in one gal. Brings a new meaning to “getting into bed” with your legal team! Maybe you can write off the trip this weekend as a business conference: confused:
Seriously, a great achievement financially and what a relief to have that worry off your mind. You must have slept all weekend.
Peter 14.7
