Thread: Brisbane - Neighbour's estate is opposing my shed DA.

That stinks when neighbours try and screw you. Not sure what you can do but sounds like they already have some plans in the pipeline so legal options may be the only way out. However karma will screw them right back from all sides.

Originally Posted by george mavridis

That stinks when neighbours try and screw you. Not sure what you can do but sounds like they already have some plans in the pipeline so legal options may be the only way out. However karma will screw them right back from all sides.

The worst part is its not the neigbour, its my late neighbours son (she actually warned me about him!!). He does not live next to me, he lives about 100km north of here.

It may just require me to sit it out. Pisses me off because I was hoping to have a shed by Christmas time. I have missed out on a few good deals on machinery because I am waiting on my DA.

So what does the Brisbane City Council planning laws say about minimum side setbacks? I see that you are seeking a relaxation but how relaxed are we talking? Have you spoken with the Council planner to ask their advice on the setbacks and if they are happy with them, and if not what the minimum that they would accept would be. Just because somebody objects doesn't necessarily mean that Council will refuse your application. You may need to provide additional information to Council showing that the adjoining neighbour is not adversely impacted by your development, if they are then perhaps you should think about pulling it further off the boundary.

Originally Posted by Sir Stinkalot

So what does the Brisbane City Council planning laws say about minimum side setbacks? I see that you are seeking a relaxation but how relaxed are we talking? Have you spoken with the Council planner to ask their advice on the setbacks and if they are happy with them, and if not what the minimum that they would accept would be. Just because somebody objects doesn't necessarily mean that Council will refuse your application. You may need to provide additional information to Council showing that the adjoining neighbour is not adversely impacted by your development, if they are then perhaps you should think about pulling it further off the boundary.

I think the setback from the side boundary is 0.75m from what I can ascertain from the BCC website, and rear is 1.0m, but I really cant be sure. This is the document here: http://www.hpw.qld.gov.au/SiteCollec...ents/mp1-2.pdf and my frontage at the rear is 10m. My understanding was that the setback from the rear boundary is 6m, but I cant work it out. Happy to PM anyone to a google map of my place, just dont want it cached here for public viewing.

I just got a letter back from their town planner citing their objections, the 2 main ones aside from their plans to develop a house on that block are shading and breeze which are both rubbish. The boundary is west facing so I will cop the shade on my block, and the breeze is predominantly NE before January and SE after Jan. NE funnels down directly between the blocks ( I am on a cliff on the waterfront and face NE) and the SE is blocked by the land first, and then all the houses to south(east) of me. I dont get any of the south easter's and I am right on the cliff facing the waterfront.

I suppose the basic question is -- does the neighbour HAVE to sign the form, or do you as the developer just have to show that you have NOTIFIED the owner.

I would think that the underlying legislation would provide for the situation where the neighbour refuses or neglects to complete the form.

Originally Posted by ian

I suppose the basic question is -- does the neighbour HAVE to sign the form, or do you as the developer just have to show that you have NOTIFIED the owner.

I would think that the underlying legislation would provide for the situation where the neighbour refuses or neglects to complete the form.

I have evidence that I have I have notified the executor, and my very limited understanding is thats all I need. However not having that form further delays my application.

Originally Posted by Pearo

I just got a letter back from their town planner citing their objections, the 2 main ones aside from their plans to develop a house on that block are shading and breeze which are both rubbish. The boundary is west facing so I will cop the shade on my block, and the breeze is predominantly NE before January and SE after Jan. NE funnels down directly between the blocks ( I am on a cliff on the waterfront and face NE) and the SE is blocked by the land first, and then all the houses to south(east) of me. I dont get any of the south easter's and I am right on the cliff facing the waterfront.

Sounds like you've got part of your answer here. If their claims are suspect, then be clear about that to the town planning people.

In the end, I wouldn't worry too much about pissing off new neighbours in this situation. If they're developing then isn't it likely that they'll sell the property anyway once it's all built?

I'd get in with your planning people, figure out the process and what exactly you need and what you can do. You should be able to call up anonymously with a "similar query" and get those answers without biasing your own case.

Keep us up to date with progress and good luck with it all.

Cheers,
Af.

Agreed.

His opposition is due to the fact he wants to put 8 houses on that block and have windows overlooking into your yard and not the back of a metal shed.

Tell him you will object vigorously and thoroughly to any and all proposals he does unless he agrees to your proposal, PLUS gives you the money to build it in a favourable material.

It will be within his interest to give you 20k towards your new fancy shed. It will raise his prices.

It seems to me that your neighbour will require town planning permission to do what he wants. You just need an agreeable certifier. A completely different animal, much easier to tame.
Cheers

Well my certifier suggested we submit the letter provided by the estate's town planner along with the BCC form. They also suggested I submit a letter stating why the shed is better suited to the proposed location (of which I have many). The certifier seems to think the BCC will rule in my favor, but I am not counting my chickens.

I rang my surveyor/town planner today. Tomorrow I will ring my solicitor and get his advice.

Pearo I can send Luigi & Guido to help with negotiations if you want.....

Originally Posted by Pearo

Well my certifier suggested we submit the letter provided by the estate's town planner along with the BCC form. They also suggested I submit a letter stating why the shed is better suited to the proposed location (of which I have many). The certifier seems to think the BCC will rule in my favor, but I am not counting my chickens.

sounds like a plan

I think the point is that the council don't make the rulings anymore, the certifiers job is to evaluate against council requirements. My shed is 9m x 5m with zero clearance on boundary for the 9m wall. Skillion construction with a fire wall. Firewall consist of 2 layers of 16mm firechek plasterboard.

Many said it could not be done, however my certifier had no dramas with the zero clearance. I just had a verbal agreement with the neighbour which the certifier verified.

Different certifiers have differing ways of applying the rules. Having said that, I reckon you are going down the right path. First in best dressed in the usual method nowadays.

Cheers
Bevan

This is another example of who's rights over rule others.

I subdivided an block in Logan city and erected a house on the then vacant lot.

I went through due process and one neighbour refused to sign the letter from council that stated whether they objected to the development. Obviously they objected!

Council's attitude was that everything was being done according to the laws, rules and regulations and therefore the neighbour had not a leg to stand on.

The only provision that council put on the application was that I put shutters on the two upstairs west facing windows as a privacy measure FOR THE NEIGHBOURS!!