VCAT Hearing...how to defend?

[Dan]

OK. So the council has issued a notice to grant a permit for my proposed double storey rear extension. This includes a rear balcony. They have imposed some conditions.

The rear neighbours objected to the balcony and rear windows, but the council approved them. Now the rear neighbours have appealed to VCAT, siting more objections such as poor design (cantilevered balcony), overwhelming bulk, heritage issues and other factors.
They have hired a planning consultant on their behalf to represent them, from outside the local area (in the city), who has obviously instructed them to make all these irrelevant objections..

The council were happy with the balcony due to it compying with Rescode guidelines (some 9m rule or something), due to a laneway at the rear, I drew a site line drawing and the visibility is minimal, also the rear property has a large screened fence, and I will provide side screening to the balcony.

Being that I have a seemingly good case, should I represent myself, or hire someone? Any ideas on rough costs? Any recommendations in Williamstown or surrounding areas?

I have already pretty much prepared my defence, as I wrote a long letter to the council with heaps of photos pleading my case when I found out about the initial objection..The town planner I spoke to said it helped sway their decision my way too.

As this is an appeal against a council decision, I assume the council would have a rep there...but then again they probably wouldn't care much win or lose...
Also there is one of the conditions I was considering appealing (lowering the height by 300mm to create a 2100wall with raked ceilings...due to heritage changing their pre planning recommendations of reducing 600mm - they now want 900mm)...Should I address this at the review hearing also?

It's annoying and frustrating..as when I first had the plans drawn up, before submitting, I showed these neighbours...and they had no objections...In fact they even signed my plans to state this! But then a month later when I advertised they objected!! This delayed the planning permit...and now this will put everything on hold for at least another 3-4months. Grrr..

Anyway..sorry, had to vent..Any advice appreciated.


Cheers

 

[Kristine..]

Dan

Do not underestimate the emotional influence of finding yourself in court, for that is what the Tribunal is.

When I went because the neighbours had objected to the medical centre permit, I was all cool, calm and collected. Until the neighbours got personal, then I really lost the plot, the Chairman called me to order, and the hearing went downhill from there!

My sister is a strategic planner, and she told me later 'Never, never, go by yourself and never, never, represent yourself. It's too easy to get emotional. It's cost you a lot of money in holding fees, the wait has delayed your plans, it's too easy to let it all boil over.'

Good advice.

Council will, indeed, have staff there. They get to talk first, outlining why they have approved the plans. Then the objectors, then any expert witnesses, then the applicant.

You don't have to say anything. The council officer will have prepared a significant report. You can table a report if you like and talk or not talk as you see fit at the time.

Ask your architect / draftsperson if they attend hearings and what they will charge you to come along. At the very least, have a sensible friend or relative with you. Whatever the outcome, it will help if you have someone who supports you with you.

Hope it all goes well

Kristine

Look up vcat.vic.gov.au where you will see tribunal procedures and this will give you some idea of what to expect.

You will find it helpful if you take half a dozen photopies of your submission, otherwise the Chairman will have to leave the room to use the photocopier, which is disruptive and slows everything down.