Planning stamped and approved

[aussierogue]

Hi All

I have a strange problem

I am renovating my house and the council has stamped and approved my plans - happy days.

Then it turns interesting. The drawings submitted to council were pretty crap - my architect is an older family member who hadnt done pans for ages. Anyway the plans were not 100 pct clear on elevations.

Anyways - council approved it and this was after the yellow sign went up infront of the house giving neighbours a chance to raise any objections...
None were forthcoming

Fast forward 4 months and I had to get a protection cert signed by the neoghbours in order to push the building permit through. This entailed me posting the neighbours the details of the protection work but also a copy of the signed plans...

Guess what - they have kicked up a stink as the new fully signed off plans have full elevations which they arent happy with. This from my side is a completely honest problem - i too didnt know the elevations because my architect was crap and the council didnt ask for better drawings.

Anyways my neighbours are not happy but i am not gonna stuff around changing things because the process could now cost me another 15k in time and new drawings incl engineer reports.

To put it in perspective the elevations are 3.7 meters for a wall and stasnrad is 3.2 or something like that - so we are talking 500 mill extra height on a western boundary....no big deal.

I am now a little worried - as far as im concerned - and i checked this with council - basically its bad luck for my neighbours - once a plan is signed through council there is no recourse. But my question is this - can the neighbours take it further and appoint a solicitor to sue the council or me or try and get an injuction (all over 50 centermeters) if they can prove that the council was negligent in letting bad drawings through the process?

Surely this is not my problem??? What do you guys think?

Aussie

 

[Scott No Mates]

The council planner assesses the plans, the building code (prepared by council) outlines the minimum requirements for plans which are to be submitted for approval. IF the plans complied with the requirements, then tough, council is satisfied it meets the requirements or are within reasonable limits of the council requirements.

The NSW planning scheme is being overhauled, if you don't object the the style of controls proposed (before they are legislated) then there will be no neighbour input later on.

 

[Ideo]

basically its bad luck for my neighbours - once a plan is signed through council there is no recourse. But my question is this - can the neighbours take it further and appoint a solicitor to sue the council or me or try and get an injuction (all over 50 centermeters) if they can prove that the council was negligent in letting bad drawings through the process?

Build as per plans.

If the plans were approved at 3.7m then build to 3.7m.

They'll huff and puff and complain but the costs of pursuing legal action for something so minor will soon make them drop any potential legal case. Generally. Unless you are in a very wealthy area with lots of doctors wives.

 

[aussierogue]

Thanks guys for replies much appreciated. Yep will build as perplans. The issue is that they are terrace houses and i am building upto th boundary on both sides so i kind of need them on my side during the processor else they coul use every trick in the book to delay by denying access when i need it.

Anyway the good news is that one neighbour is ok - spoke with them today. ts the other that is problematic. This is the sae neighbour that has been renovating for 8 year and its poorly done and unfinished. I am sure if i wanted to kick up a stir i could....but alas i have been a good neighbour! Maybe its time to turn evil..............