Browse Forums General Discussion 1 Nov 02, 2020 10:37 pm Hi I need some urgent advice on NSW northern beaches council DA application submitted by my new neighbor, below is the background - Existing building: The front of their house(include a garage) and our house are currently aligned. Proposed new DA (Development application): They are building an extension in front of their existing garage, and the new extension is pushing forward the street and it's 11 meters long, it will become the new double garage with additional dwelling on top. Impact: I tried to upload the photos here but it's asking me for photo URL which I have no idea how to fill. Anyway so basically if this is done then we are doomed cos the new garage and the additional dwelling would cuts off the sunlight to my house from noon onwards. And basically our house will be stuck in between 2 houses which are much forward towards to street than we are. This would much impact the future market value of our house. Questions: 1) Does anyone know the NSW Northern beaches council building requirements well? Are people allowed to build an extension 11 meters forward from the existing entrance? Cos from what I know the NSW Kuringai council does not allow you to build anything forward by even 1 meter, the front of the house must be aligned to your neighbor's house. 2) we have up to 2 weeks to write to the council to reject this application, is the sunlight and privacy sufficient reasons for the NB council to consider to reject this application? 3) is it advisable to engage an experienced lawyer or experienced architect to get involved in this. Any advice would be greatly appreciated. If there is any way for me to upload the photos here kindly let me know thanks!! Re: Rejection on DA application to NSW northern beaches coun 2Nov 03, 2020 6:08 am I've sent you a PM. To upload photos, have them on your desktop ( on a Mac ). Click on the "Upload Photos" below... Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ This dialogue box will drop down... Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Click on the photo you want to upload ( in this case "Brackets 1 .jpg") Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Click " Choose " and hey presto it will appear in your post on these forums. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Stewie Re: Rejection on DA application to NSW northern beaches coun 3Nov 03, 2020 7:46 am Greatwabbit Hi I need some urgent advice on NSW northern beaches council DA application submitted by my new neighbor, below is the background - Existing building: The front of their house(include a garage) and our house are currently aligned. Proposed new DA (Development application): They are building an extension in front of their existing garage, and the new extension is pushing forward the street and it's 11 meters long, it will become the new double garage with additional dwelling on top. Impact: I tried to upload the photos here but it's asking me for photo URL which I have no idea how to fill. Anyway so basically if this is done then we are doomed cos the new garage and the additional dwelling would cuts off the sunlight to my house from noon onwards. And basically our house will be stuck in between 2 houses which are much forward towards to street than we are. This would much impact the future market value of our house. Questions: 1) Does anyone know the NSW Northern beaches council building requirements well? Are people allowed to build an extension 11 meters forward from the existing entrance? Cos from what I know the NSW Kuringai council does not allow you to build anything forward by even 1 meter, the front of the house must be aligned to your neighbor's house. 2) we have up to 2 weeks to write to the council to reject this application, is the sunlight and privacy sufficient reasons for the NB council to consider to reject this application? 3) is it advisable to engage an experienced lawyer or experienced architect to get involved in this. Any advice would be greatly appreciated. If there is any way for me to upload the photos here kindly let me know thanks!! Hi Greatwabbit I would suggest you hire a town planner who can write a very reasonable planning based objection to the neighbours DA. Assuming that your neighbours application complies with the DCP, from personal experience I have found that often council officers don't pay a lot of attention to "crazy neighbour" letters of objections as they have become desensitised over the years. Off course if your neighbour's application complies with the DCP requirements for setbacks, height, FSR etc there wont be much you can do. The best planner I use is Aaron Sutherland, amazing guy, doesnt cost the earth. His number is 0410452371 cheers Simeon Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Rejection on DA application to NSW northern beaches coun 4Nov 03, 2020 8:59 am Stewie D I've sent you a PM. To upload photos, have them on your desktop ( on a Mac ). Click on the "Upload Photos" below... Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ This dialogue box will drop down... Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Click on the photo you want to upload ( in this case "Brackets 1 .jpg") Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Click " Choose " and hey presto it will appear in your post on these forums. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Stewie Thanks Stewie I'm doing it from my mobile I guess that's why it's not allowing me to upload. Will msg the u back. Cheers Re: Rejection on DA application to NSW northern beaches coun 6Nov 03, 2020 9:03 am Stewie D Yes, uploading photos from some phones can be problematical. Much better to do it from your computer. Stewie i concur with this Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Rejection on DA application to NSW northern beaches coun 7Nov 03, 2020 9:13 am Hey Greatwabbit welcome to the forum before you go spending $5K on any town planner? I suggest you shop around get other quotes from Planners familiar with your local council, ie check out their success rates? Focus on Bulk, Airflow, overshadowing, etc,etc and present the data and proofs so that Councillors that may have the final deciding vote on the application clearly understand the pros/cons, implications,etc OT, 3D Bim Simulations come in handy in presenting impacting Data/Proofs Goodluck Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Rejection on DA application to NSW northern beaches coun 8Nov 03, 2020 12:44 pm StructuralBIMGuy Hey Greatwabbit welcome to the forum before you go spending $5K on any town planner? I suggest you shop around get other quotes from Planners familiar with your local council, ie check out their success rates? Focus on Bulk, Airflow, overshadowing, etc,etc and present the data and proofs so that Councillors that may have the final deciding vote on the application clearly understand the pros/cons, implications,etc OT, 3D Bim Simulations come in handy in presenting impacting Data/Proofs Goodluck 5k?! No way.. But anyway we will find a town planner and get this done. Re: Rejection on DA application to NSW northern beaches coun 9Nov 03, 2020 2:04 pm Stewie D Yes, uploading photos from some phones can be problematical. Much better to do it from your computer. Stewie Stewie You have a lot of experience with DA's on the beaches dont you? I had a look at the DA in question and the problem is that the affected house has a 20m plus front setback, the neighbour is lodging a DA which looks to be compliant in terms of height 7.2m and the minimum 6.5m front setback. There is a clause in the Warringah DCP which requires reasonable sharing of views and sunlight so I was wondering if you have any idea whether or not it is possible to challenge an otherwise DCP compliant application? Their shadow diagram does look a little sketchy but you dont really know unless you have your own consultant model it which would cost a bomb. So would the best thing be to just write a letter of objection raising the loss of views and sunlight and then let council officers challenge the DA? I would be interested to know if you or anyone else on here has any experience with this cheers Simeon Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Rejection on DA application to NSW northern beaches coun 10Nov 03, 2020 3:39 pm Simeon, I've been in contact with the OP and also have had a good look at the DA online. The SEE is where all the guidelines from NBCouncil are mentioned and the only one that is non-compliant is the slight incursion into the side boundary envelope. All other aspects comply. Don't forget with shadows the councils only take into account the excess shadows impacting onto outdoor living spaces and main living areas. Seeing as there is only a slight increase late in the afternoon to the OP's property and well within guidelines, there is little room to object on that account. Those shadow diagrams as with nearly all, show the shadows falling on the neighbours property. This means that while it looks significant in plan view there is probably hardly any effect on windows on that side so almost no undue effect to a major living room nor private open space ( usually at the rear). Also impacting street views to ordinary streets like ours and the OP's are hardly going to make the council bring the neighbours DA to a screeching halt. If you had glorious water views and the proposed DA impacted that significantly, then you would have good reason to object. I've lodged lots of DA's in NBC ( formally Warringah Council ) plus I have also written letters of objection on behalf of maybe fifteen or twenty people over the years for various reasons. I'll be interested to know what the OP does after reading my email to her this afternoon. Stewie Re: Rejection on DA application to NSW northern beaches coun 11Nov 03, 2020 3:43 pm Stewie D Simeon, I've been in contact with the OP and also have had a good look at the DA online. The SEE is where all the guidelines from NBCouncil are mentioned and the only one that is non-compliant is the slight incursion into the side boundary envelope. All other aspects comply. Don't forget with shadows the councils only take into account the excess shadows impacting onto outdoor living spaces and main living areas. Seeing as there is only a slight increase late in the afternoon to the OP's property and well within guidelines, there is little room to object on that account. Those shadow diagrams as with nearly all, show the shadows falling on the neighbours property. This means that while it looks significant in plan view there is probably hardly any effect on windows on that side so almost no undue effect to a major living room nor private open space ( usually at the rear). Also impacting street views to ordinary streets like ours and the OP's are hardly going to make the council bring the neighbours DA to a screeching halt. If you had glorious water views and the proposed DA impacted that significantly, then you would have good reason to object. I've lodged lots of DA's in NBC ( formally Warringah Council ) plus I have also written letters of objection on behalf of maybe fifteen or twenty people over the years for various reasons. I'll be interested to know what the OP does after reading my email to her this afternoon. Stewie I knew you would know:) I also agree that there is either no or very little grounds to object. thanks for checking it out Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Rejection on DA application to NSW northern beaches coun 12Oct 26, 2021 7:51 pm Hi Greatwabbit Can I ask what was the outcome of the rejection on DA application as we are facing the same situation. We are in Pitwater council, could you tell us the address so that I can view the plans on the website. Did you engage a town planner a lawyer to write on your behalf to the council? I would really appreciate if you could assist us as we are newbie in the area too Regards Hi, I am wondering if anyone has built with Montgomery in the last few years on the Northern Beaches? I don't see the see them around, as I would love to ask how happy… 0 3189 This was on google. Development controls 2.3.1 Front setback D1 New buildings within residential areas shall adhere to a front building line, which is 5.5-6m to the… 1 3664 Thanks again for this information. If you do hear anything different, would be great to know 4 8242 |