VCAT appeal...by someone selling...

[Dan]

I have a proposed double storey approved by council, but an objector behind me has appealed to VCAT. A mediation has been scheduled by VCAT for January.
Today I noticed a forthcoming auction sign in the objectors house!!!
All this time wasted prolonging the submission with his appeals, and now with the wait for VCAT, and he was going to sell!! Bah!!!

My question is, can this be used to my advantage?
Surely the tribunal are not going to take his objections seriously if the council has approved and he is selling...
Is it worth writing a letter to VCAT alerting them to this and querying whether the meeting will go ahead (I really can't afford to take the time off work for that day).

Anyone been in a similar situation? Do VCAT dismiss the case, or does it proceed and the forthcoming auction bear no relevance?

If it goes ahead am I eligible to claim costs (eg preparation, day off work) if it is dismissed or won by me due to this?

Surely he can't argue a stupid reason that my proposal is forcing him to sell...because at the moment nothing has been officially approved due to his appeal..


Thanks heaps!

 

[Michael Yardney]

Until he has sold his houe he is the owner and has a right to appeal.
Let's hope he sells it an d withdraws his appeal. The fact that he has lodges his appeal and paid his $50 means he probably won't withdraw the apeal just to nark you.

In the meantime, the fact that you have council approval is great. It sis very rare for VACT to overturn a council approval for a development because of apeals by neighbours.

But never take anything for granted. It unfortunately depends a lot on whom you get on the day and their mood

Do not let your architect / draftsman run the case for you. It is too important - get a proficient town planner.

If you don't have one email me and I will pass on a few names

 

[Apocalypse]

Go to all the open inspections he has and talk loudly about the hoons that roar up and down the street all night, the crack house at the end of the road, and ask "...in which room did they find the bodies again?" repeatedly...

Or if no opens, be as disruptive as possible when you see the agent taking people through...

 

[Dan]

Thanks Micheal for the insight.
Haha Apocalypse...
Already thought through all that sabotage...sewer water tipped in the bathtub, dog poo in bags under the pillows...etc..

But seriously, the last thing I would want is for it to be passed in.. I just want to see them go after all the unecessary trouble and time wasting.
The only real issue for them relates to perceived overlooking, but only a tiny area of their yard falls within the 9m specified in Rescode, and all of that area is effectively screened by the high fence/hedges. The town planner and my draftsman have basically said there is nothing to worry about.
I am planning to be uncompromising in the mediation in January, so it has to go to a tribunal hearing. Then hopefully can try to schedule this after the auction (presumeably they are campaigning for a Feb auction at this time of year).

Once the house is sold I assume VCAT will say they have no case??
I called the planners they have hired and pretended I was thinking of hiring them... they probably are spending around $3500-4000 at least... hope they get charged every cent!
I'd also love it if they did drop the case...I could legitimately claim for costs involved such as preparing and researching the case, time off work etc.. I'm sure I could get a nice holiday out of it