Browse Forums General Discussion 1 Jan 16, 2010 7:07 pm Hi all, I'm not sure if this is the right place to post this question but I figure I'd give it a go anyway! We are building on an established block in Boroondara. We are building a traditional weatherboard Victorian (Hawkaway Homes) on a 650sqm block. Due to us being surrounded by 1 acre blocks (with subsequent large setbacks), we are applying for a front setback dispensation. One of our neighbours has indicated that, on the form we need to submit to council for the dispensation, he is going to state that, whilst he is happy with the setback, he is not happy with the style of the home and that it is not in keeping with the streetscape. He does not believe a weatherboard Victorian fits with the street (which is a mix of 70s orange brick, new builds (like his), and some 1930 art-deco style homes). Regardless of the fact that the dispensation is not the place in which to raise issues around the style of the house, I always believed that, due to the size of our block, the 'style' of the home was inconsequential so long as it complied with building and res codes? Am I correct in thinking that, or could our neighbour object to the house? Thanks in advance for any advice, Lou. Re: Front setback dispensation question 2Jan 16, 2010 7:09 pm You are correct. The only thing your neighbour can do is object to your setback proposal. Blog is now up - http://www.jbdave.blogspot.com/ Re: Front setback dispensation question 3Jan 16, 2010 7:10 pm This is great. the neighbour is saying they're happy with the setback, which is the only intent of the letter. everything else is immaterial. Go for it. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Front setback dispensation question 4Jan 16, 2010 7:12 pm jbdave, thank you for the clarification. Casa, that's what my husband said too. Thank you for the quick response, guys. When my husband told me today, I felt like the wind had been knocked out of me. Glad I came to the right place! Re: Front setback dispensation question 5Jan 25, 2010 5:56 pm Hi all, Just a quick update on the ongoing setback issue. My husband managed to catch up with the neighbours yesterday. They aren't willing to back down on their belief that the house is inappropriate for the area. My husband pointed out, on Google Maps that our immediate neighbourhood is full of weatherboard Victorians (at least 15-20 in a one kilometre radius). 'But they were built before the brick houses' was their response. My husband then pointed out to them that, if we don't get the setback, the house is not feasible (we would have no backgarden). In which case, we resort to Option B which is a double story Cape Cod style weatherboard. Which won't require any dispensations and which would be more of a statement than the Victorian. I don't think they got it. And I don't think they get that the dispensation issue is entirely separate to the style of the house. They are stalling now - it's been over a week since they first said they were going to talk to council and they still haven't - but we've given them until Wednesday, otherwise we just put the dispensation request in without their comments and they can chase the council and pay for the access to the plans. I think we've played nicely long enough. Re: Front setback dispensation question 6Jan 25, 2010 7:03 pm Just put it in with their comments if it's easier. The council will note their approval of the setback and approve it - the other issue won't even be mentioned. If they refuse to give their approval for the setback, put it in anyway. Even if they don't approve, ultimately it can be overruled without their "permission" - it will just take a little more time. Blog is now up - http://www.jbdave.blogspot.com/ Re: Front setback dispensation question 7Jan 26, 2010 10:28 am Hi LouiseR We had the same issue when having to obtain dispensation for a setback. Make your life a lot easier and put the dispensation in, don't worry about any further discussions with your neighbour because things like this just give you more headaches. One of our neighbours was fine, the other didn't have an issue, just wanted to deal with the Council directly on it. The Council will then give the immediate neighbours notification and I think 14 days to put in any objections. It's up to them to then have to go to Council and request to see the plans if they have an issue with it. If you keep having discussions with the neighbour rather than submitting everything to Council it could drag on longer, they can't string it out with Council. The thing is, it's not up to the neighbours whether you get the dispensation or not, even if the neighbours agree and have no problem, it still has to meet the regulations so Council will make the decision based on that. If they have any issues then Council will look at that based on the regs. Any other issues the neighbour have are irrelevant and they can't place an objection because it is a single residential property. It's the Councils job to make sure the house fits in with the neighbourhood character and meets all regulations and if it doesn't they will advise you. So my best advice, go straight to Council and keep it moving, any further discussions with your neighbour will probably just have you hitting your head against a brick wall. You have done the nice thing, now it's time to just move it along. Re: Front setback dispensation question 8Jan 31, 2010 10:54 am jbdave and photogirl, thanks for your comments. I appreciate it. Well, here is the next (and hopefully final) installment of Days of Our Front Setback.... get some popcorn because this is good.... The first neighbours, who we were having the problems with have stepped up their campaign against the setback. They've spoken to the neighbours on the other side of us and convinced them to object to the setback. They have also spoken to the neighbours directly in front of us to convince them of the same (although these neighbours are friends of ours and have no intention of objecting). They also have now spoken to pretty much everyone in the street, showing them our plans (which we had given to them as a courtesy, not to show everyone), and basically bad mouthing our plans. So we now have two neighbours on either side who will object to the dispensation. One of whom is sharing our plans with anyone who will listen to her. Husband and I had a long chat last night about the ongoing drama. Originally, we had wanted to build a two-story American Colonial on the block. We decided not to build that for a number of reasons - increased expense, wanted to keep the neighbours happy, it would take longer to build - but our circumstances have since changed and we can build the house. So we're going to withdraw the dispensation for the Victorian and abandon those plans, proceed with the American Colonial and, if the neighbours want to see the plan, they can go down to council. Thanks everyone for your ongoing help. Re: Front setback dispensation question 9Jan 31, 2010 11:45 am Some people can be PITAs.... There are council regulations in place for good reason, to ensure privacy, adequate natural light etc for all concerned, and to make sure that houses comply with building standards. But you can't create laws to satisfy one person's personal taste, and that's what many people don't seem to get. Some areas have heritage overlays to preserve the character of the neighbourhood, but that's obviously not the case in your street, given that you're surrounded by bog-standard 70s BVs and various other periods and styles of buildings. My estate has 20-odd pages of covenants dictating various requirements for homes built here, and that gives a certain amount of assurance that homes will meet particular standards. But it doesn't prevent someone from painting their facade a hideous bright red all over, or having mis-matched brick/render/trims/garage door colours.... or a thousand other things that I might not like. The point is, I can dislike my neighbour's house as much as I like, but I can't stop them building it. If it offends me that much, I'll plant a nice thick hedge. In fact, I already have. Your neighbour needs to get over himself and just enjoy his own home. So much wasted energy.... Good luck with the council! Re: Front setback dispensation question 10Jan 31, 2010 1:17 pm Its a shame people get involved in others business for such trivial matters. Unfortunately they always will. I guess my only advise is not to let emotion get in the way which is off course hard in this case. The points you made about why you didnt originally take the other option should be thought out the same way you originally chose otherwise. I would continue with the request for dispensation first and see how it turns out, you may end up getting exactly what YOU want. Why dont you change the plans and advise them you are thinking of this option and when they approve the dispensation submit the original plans, that would really pee them off and they wouldnt have a leg to stand on if they dont request the plans before approval. Good Luck Re: Front setback dispensation question 11Jan 31, 2010 1:26 pm For anyone else reading this and thinking of being nice to your neighbour i.e show them the plan and get their 'consent' before going to council. DO NOT DO IT!
Our experience and my friend was not a good one we both ended up being delayed and had to go through council direct in the end bypassing neighbor (they get notify by council). In our case the neighbor was paranoid and would not even entertain the idea fo reading the dispensation (obviously won't sign it). Our friend the neighbor was living in another state but still object without seeing the site... Just submit the thing to council and neighbor will get sent relevant paperwork. Re: Front setback dispensation question 12Jan 31, 2010 2:03 pm Kek, it's a real shame as we used to get along so well with them. Their kids would babysit our kids. This whole drama has irrevocably damaged what was a great relationship. Kaindec, we are considering leaving the dispensation application in, especially if council refuse to refund the fee. If they keep the money, we may as well go through it, make them work for the cash, and see what happens. With the American Colonial, we're planning on telling the neighbours nothing. We thought we were doing the right thing being open and neighbourly about our plans, and the end result is our plans being shared with all and sundry, and our names being dragged through the mud. Am definitely not making that mistake twice. Fruitty, we've definitely learned our lesson from this. We won't be so open next time. I'm glad it pays off for some but, in our instance, we've now been delayed three weeks thanks to the neighbours. Thanks Draftroom that definitely helps a heap. We are still at the very early stage of planning to see what kind of house would fit on our plot. While we are on a… 3 15688 Hi All, see above image. The required setback from the rear boundary in my case is 5m, as you can see the shape of the site and location of the boundary is slightly… 0 8323 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 3607 |