Browse Forums General Discussion 1 Nov 26, 2009 3:43 pm Hello everyone, I am a resident in Charles sturt council of south australia. A builder built 4 double storey townhouse at my neighbor land. The problem is the windows of second level are so low. People can see my whole back yard and sunroom totally and easily. I have complaint these to my council. The first email they reply is : "I have looked at the Plans that were given Development Approval for the 4 double storey dwellings. One of the Planning conditions put on the Approval was as follows; 1.7 metre high sill height That all upper storey windows have a 1.7 metre high sill height above the finished fioor level or fixed obscure glass to a height of 1.7 metres above the finished floor level (with an awning sash that does not exceed an open distance of 200mm) to the satisfaction of Council prior to the occupation of the proposed development. Reason: To minimise the impact on adjoining residents." Ok, I am sure the upper level windows is definitly lower than 1.7m. And council let me wait for the result from their investigation. And after I wait one month, there is no response from council. So I sent the other email to ask the result. They answer me below: "When development approval is given for a new development the applicant has 12 months to substantially commence construction and and 3 years to complete building. Under legislation, the Council cannot enforce much until either the dwelling is occupied or the 3 years from the time development approval was given has lapsed, as prior to this the owners may be prepared to place a film over the upper storey windows to obscured them. " Now, I totally do not know what i can do next. Because the 4 new building on sale now and have already 2 under contract. As I understand, This is not the new owner problem. It is the builder or land own fault. If I wait another year, the new owner will take over this problem. It is unfair. Sorry for the long text, but so far I really do not know what I can do next. I try contact the council staff again. no response from them. I just want to ask, is there any other organisation I can complaint except the council? what can i do next? Thanks in advanced Re: My exposed backyard by my neighbor. What can I do next? 3Nov 26, 2009 4:05 pm nietzche find out who has gotten the DA first, if you were the one, why is the 2nd DA approved for the builder? Sorry, What the mean of "DA"? And how can I find him? Re: My exposed backyard by my neighbor. What can I do next? 4Nov 26, 2009 4:33 pm I am sorry I dont think you can do anything. My dad has a two story house, and the neighbours complained, house was approved by council before, anyway council made my dad put obscure film over the window. Seems like a good idea, but its not, as soon as you open the window you can see straight through the fly screen into their back yard. These neighbours build a pergola with greenery for privacy, but to be honest we never looked into the back yard, it was a tv room and the tv was on the opposite wall. Re: My exposed backyard by my neighbor. What can I do next? 5Nov 26, 2009 4:41 pm I'm also a little unclear. Did you object to the DA while it was before Council or didn't you live at the property at the time? I would think if you lived at the current property while the DA was before Council and you didn't object, even if you didn't understand the implications of what was being proposed, I don't think there's much you can do now if the development has been approved by Council and it meets the relevant building regs. Sorry. Pix Built a (highly) modified Allcastle Maxworth 38.7 in Sydney. Re: My exposed backyard by my neighbor. What can I do next? 6Nov 26, 2009 6:02 pm I don't understand the council's response. If the builder is in breach of a condition of the building permit (i.e. either minimum sill height or obscure glass), then why are they not enforcing it? Re: My exposed backyard by my neighbor. What can I do next? 7Nov 27, 2009 11:20 am kek I don't understand the council's response. If the builder is in breach of a condition of the building permit (i.e. either minimum sill height or obscure glass), then why are they not enforcing it? Yes, That I am confused too. The council approve the building. Should someone to check whether the builder follow the approval or not? That window is in the bedroom, which is the only one window in that bedroom. So I do not think people want to film it. oh, My god. The council approve is just a rubblish paper. I am so disappoint about the Australian style. Re: My exposed backyard by my neighbor. What can I do next? 8Nov 27, 2009 11:35 am I think I may have misunderstood your issue after re-reading your original post. I would contact a local councillor at your Council and take it up with them as a first step. If the Council has approved the DA on the basis that the windows meet certain criteria, and then they do not, that is a breach of of the Development Consent. A councillor's role should be to act as an advocate for you with Council staff. If this fails, I would contact your local member and in addition contact the Minister in charge of Local Govt in your state. I would do all this in writing by the way...phone calls don't tend to be taken as seriously. Pix Built a (highly) modified Allcastle Maxworth 38.7 in Sydney. Re: My exposed backyard by my neighbor. What can I do next? 9Nov 27, 2009 12:01 pm Hi, I am in Adelaide also, but not in your council area. We have subdivided our backyard and are looking at building a 2 storey house on it. We will have 2 bedrooms overlooking the backyard of two of our neighbours. I asked the building company who is designing the house about the windows, because I have seen the "block out" windows before in other houses and I don't like them (although I do understand the need for them, I was just wondering what the alternatives were). He said the council will not even approve the house if we dont stipulate that we will have privacy windows (blocked out). He also said they will have to open a little bit up the top too, instead of at the bottom or the side (to ensure privacy when the window is open). My only advice would be to keep speaking to the council - to me the response you have been given is not satisfactory - and sometimes it depends on who you speak to what kind of service you get. If you still have no luck, I would make an appointment to see a local member of parliament. If you have neighbours who are also overlooked, perhaps talk with them too -they may be prepared to go with you and you will have a bigger voice if there are more of you. Good luck! Re: My exposed backyard by my neighbor. What can I do next? 10Nov 27, 2009 5:12 pm pengruijun nietzche find out who has gotten the DA first, if you were the one, why is the 2nd DA approved for the builder? Sorry, What the mean of "DA"? And how can I find him? In this context I think it mean "Development Approval" or "Development Application". The builder must get approval from the council before building, and the DA is that approval. I would ask the council of the DA specified that the upper storey windows will be obscured up to 1.7m in height. If yes, good! If the answer is no, then why did the council approve it? Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover Re: My exposed backyard by my neighbor. What can I do next? 11Nov 29, 2009 9:58 pm I'm in WA, so don't know if it is similar in SA, but my father had the same issue here with a builder failing to install screening that was required on the development application (well, that was the least of about 10 issues with a development next door to him) and his experience has taught me that with councils, you need to complain, complain, complain. ALL in writing and followed up with a phonecall to request confirmation of the receipt of your letter. If the council fail to respond to your satisfaction, contact your Local Government Ombudsman and document your grievances with them. It seems that in many areas of Australia, developers get away with murder with the councils, and in some cases, the council helps them do so by putting up roadblocks, stalling and basically giving ratepayers the run around when they complain. The council my father dealt with seemed to think that if they delayed long enough and confused him enough with talk of various regulations etc.. that he would go away. And that probably does work for most people to be honest. If you are concerned about the properties being sold while this issue is under consideration by the council, as long as you are sure you are right (ie they have not built within the conditions of their building approval) - whack a caveat on the title of the lots. I'd say it is the best way to get a rocket up the bottoms of the people who need to get it resolved in the council - the developer would be on the council's case asap to resolve your complaint. But I'd make sure of your facts before you did that - maybe some measurements and geometry to calculate the height is definitely less than 1.7m? Re: My exposed backyard by my neighbor. What can I do next? 12Dec 03, 2009 1:07 am In the meantime I'd invest in a row of advanced "Leighton Greens" and plant them hard up against the fence line. In a mere year or so those flats will be looking out onto a wall of solid green and you won't be seeing them at all. Then they can complain to you about your gigantic green fence. The regulations covering right-to-privacy and overlooked property are incredibly slack in Australia. And I think the very worst state is Queensland. The * manipulation of already weak regulations is simply criminal. The right to a little peace in your own home destroyed for a few more bucks in a developers pocket. Do the hard jobs first. The easy jobs will take care of themselves. - Dale Carnegie Re: My exposed backyard by my neighbor. What can I do next? 13Dec 03, 2009 8:24 am Sounds like most of you don't like freedom of choice? You can't just force people to build a certain type of house just to suit your own "idea of privacy" however misconstrued it may be. If you wanted privacy you would not have bought into a development now would you? Seriously it makes me laugh. If you wanted true privacy you would have coughed up enough for an acreage somewhere on the outskirts of town where there are laws in place governing specific building heights and also laws on peoples right to views and privacy. You bought in a specific built sardine tin community, you don't have the right to choose what is build next to you ok. Here is a word of advice, spotlight has a sale on, go and buy some blinds. We live in a world where everyone wants everything their own way it seems, and on on their terms. Sorry but tough love is best. Re: My exposed backyard by my neighbor. What can I do next? 14Dec 03, 2009 12:56 pm Nathan SteelFab Sounds like most of you don't like freedom of choice? You can't just force people to build a certain type of house just to suit your own "idea of privacy" however misconstrued it may be. If you wanted privacy you would not have bought into a development now would you? Seriously it makes me laugh. If you wanted true privacy you would have coughed up enough for an acreage somewhere on the outskirts of town where there are laws in place governing specific building heights and also laws on peoples right to views and privacy. You bought in a specific built sardine tin community, you don't have the right to choose what is build next to you ok. Here is a word of advice, spotlight has a sale on, go and buy some blinds. We live in a world where everyone wants everything their own way it seems, and on on their terms. Sorry but tough love is best. Hi man, What do you think if I build a two story at your neighbor and have a look your family? The world is fair. Why the other people can see my backyard, But I cannot see his. If you are the builder, I would say you are not suitable for your job, because your ideas is unfair and you cannot cosider your customer's requirement. Trust me, give up your job and receive money from government. Re: My exposed backyard by my neighbor. What can I do next? 15Dec 03, 2009 4:08 pm I think the other person was a bit rude but no offence, but they are not building the home to 'look at your family' nor do I think they will be 'looking at your family,' they couldnt care less. I can see about 5 people's backyards at my parents home because it is a corner block, very large 3 story home, and ontop of the street.........I only know that after I read your post today and thought I'd go check (I have been here for all my life (22yrs) and never looked in their backyard). If you wanna see into their backyard build an extension ontop and make your home 2 levels.......or go live somewhere where only single story homes are allowed to be built, or on bigger land. Life is not fair and just be grateful you have a home. BTW there are many rules and regulations they must abide by such as placing of any windows, screening and lots more! DA approved Waiting on a few more Builder's quotes. Re: My exposed backyard by my neighbor. What can I do next? 16Dec 03, 2009 4:17 pm Nathan SteelFab Sounds like most of you don't like freedom of choice? You can't just force people to build a certain type of house just to suit your own "idea of privacy" however misconstrued it may be. If you wanted privacy you would not have bought into a development now would you? Seriously it makes me laugh. If you wanted true privacy you would have coughed up enough for an acreage somewhere on the outskirts of town where there are laws in place governing specific building heights and also laws on peoples right to views and privacy. You bought in a specific built sardine tin community, you don't have the right to choose what is build next to you ok. Here is a word of advice, spotlight has a sale on, go and buy some blinds. We live in a world where everyone wants everything their own way it seems, and on on their terms. Sorry but tough love is best. You know what.... you make me laugh. I cannot believe you are complaining about people wanting things their own way and on their terms. I seem to remember you posting this comment in another topic such as this. Nathan SteelFab You sound soo green with jealously to me it's quite funny. You have this weird idea that your neighbours built their house just for the sole reason to look at you. Get over yourself, you have already portrayed yourself as an jealous, paranoid weirdo that thinks people are looking at you and your kids 24 hours a day. Why on earth would they care what you do? Lay off the drugs mate. My wife and I are in the final stages of design of our new "renovation/build" and for not one second have thought about how our neighbours are going to feel about living next to a new two storey dwelling overlooking all three of their backyards. You know what tho, I don't really care. I'm so not like Samantha tho, I'm the childish one, and the one with the money, so if they want games, games it will be, I'll win in the end. You are such an arrogant person it makes me laugh. I hope someone with more money and clout comes along and bursts your deluded bubble one day. Sorry but tough love is best. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: My exposed backyard by my neighbor. What can I do next? 17Dec 03, 2009 4:21 pm mandystoj I think the other person was a bit rude but no offence, but they are not building the home to 'look at your family' nor do I think they will be 'looking at your family,' they couldnt care less. I can see about 5 people's backyards at my parents home because it is a corner block, very large 3 story home, and ontop of the street.........I only know that after I read your post today and thought I'd go check (I have been here for all my life (22yrs) and never looked in their backyard). If you wanna see into their backyard build an extension ontop and make your home 2 levels.......or go live somewhere where only single story homes are allowed to be built, or on bigger land. Life is not fair and just be grateful you have a home. BTW there are many rules and regulations they must abide by such as placing of any windows, screening and lots more! There are many kind of "can see". In my situation, That window is only 5 meter away from my fence. It really like sit on my fence to watch the yard. Re: My exposed backyard by my neighbor. What can I do next? 18Dec 03, 2009 4:23 pm mandystoj Life is not fair and just be grateful you have a home. From you?? Who has done nothing but complain on this forum about all she has been given in life including her "**** duplex"? Give me a bloody break. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: My exposed backyard by my neighbor. What can I do next? 20Dec 03, 2009 8:53 pm Mandy when you keep going on about the '**** duplex' that your Dad is building for you, this does come across as very empty and almost hypocritical - maybe you should listen to your own words/advice 'A bottle of wine contains more philosophy than all the books in the world.' 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