Aug 13, 2021 4:38 pm
Hey everyone, I wasn’t sure what forum this would fit into but I’m looking for some advice regarding the estate that I’m currently building in, located in Adelaide. Everything I have listed has been word of mouth of numerous people in my estate who has been in contact with the contact and the developer separately.
At this stage, my estate is currently facing a lot of issues regarding our estate looking ‘abandoned’. We have issues with weeds everywhere, no streetscaping has been done, no trees, and the developer has deviated away from the proposed plans for our reserve. Our reserve was planned to have 6 pieces of play equipment, or 13 individual pieces total, which we have only received a swing set and a bunch of erected logs which apparently count as 1 piece of play equipment each. The developer has stated that he deviated away from the original plans due to a destination playground being built nearby- the council does not know anything about this, and has stated that something like this wouldn’t come for 10 years in the future.
At this point, the developer is trying to claim that all streetscaping is the responsibility of the council as it has been handed over to the council; the council is stating the opposite, saying it is still the responsibility of the developer. The developer also requested we make a petition to convince the council to allow the reserves to go ahead as it is. To protest this, we made a petition with 360+ signatures requesting the council to push the developer to get the reserve redone to the original plans- this got taken down as the developers legal team threatened legal action to the petition maker due to ‘defamatory claims’. These claims listed behaviours the developer had taken during multiple builds such as false advertising for free benching, retaining and fencing, as well as listing the lack of streetscaping. The developer was also not happy regarding some of the comments of members on the petition, highlighting their personal experiences with him and the estate. At this point, we have all lost trust in the developer due to the multiple issues we have faced from them.
At this point, we want to achieve two things:
1. Have the reserve/park redone to the original plans
2. Have the estate completely streetscaped to a satisfactory manner where possible (excluding where builds are currently commencing)
The streetscaping may be difficult for now due to some builds still commencing, but would anyone have any advice as to how to approach these issues? I’m happy to provide additional information where neccessary
Re: Advice on ‘abandoned’ estate by developer2
Aug 13, 2021 5:18 pm
Sounds like the comments in the petition focused on subjective remarks rather than objective facts only.
My advice would be to engage profesional legal representation as a class and have the lawyers manage the messaging.
No guarantee you'll get anything done though as the developer could just wind up and start again.
Re: Advice on ‘abandoned’ estate by developer3
Nov 01, 2021 9:39 pm
Hi, which Estate is this? Do you know if there was a Land Management Agreement between council and developer?
I highly recommend you speak to a property lawyer for initial advice.
Re: Advice on ‘abandoned’ estate by developer4
Nov 02, 2021 2:45 pm
We had very much the same issues in our estate in Perth and the end result was the Council said although they'd included all the Developer's layouts, including what was to be included in a local park, in their Development Plan they weren't responsible for their delivery and, in any case, the Developer layouts were conceptual. They effectively just brushed us off.
After some pressure from residents and the local MP the Council pushed back on the Developer so he just declared insolvency and walked away. Turned out he'd done this twice before.
Took 10 years to get everything to anywhere near approaching what we'd been told would be delivered.
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