Browse Forums General Discussion 1 Jun 13, 2010 11:59 am O'K........I purchased a block of land last year and are trying to build. Guess what, I have been told there is now a WMO Overlay on my block !!! It's in a residential area but becuase of council scrubland next door, my block has the overlay !! My builder and I do everything possible to meet with Frankston Council requirements, hire specialist Bushfire Experts to get reports only to betold my block is fine, but it's the council land that is the issue. They need to manage their land and reduce the risk. It's totally out of my hands but in the mean time, I have now been told i cannot build !!! I would most certainly understand if the scrubland was on my block and I had the power to minimise the fire risk but I don't. It has nothing to do with my land!!! How can they enforce this and stop me from building?? It could take council years to do something to minimise their fire risk. Why should I pay rates on a block now rated as being worthless??!! Because of rushed government rules, I now cannot build, I'm paying interest on the block, continue to throw money away on renting, incur price increases on the house as the 6 month building contract has lapsed, furniture ordered and seeking another 6 month extension after which time I will loose my deposit paid. Many experts we have spoken too agree that we are being held to council ransom!! What makes it worse is that council have not come up with any answers, nor offer any solutions throughout this battle which started in March this year. I have requested that they even issue a simple letter offering some guarentee to do something with their land so that the CFA can approve my permits. To date, NOTHING !!! And yes, you read right, CFA approving my permits as council have said they will act on the CFA recommendation. This is their land !!! What makes it even more amazing is that the 'fire experts' rated the block at a BAL level of 12.5 yet council and the CFA have rated it 40. Two experts with 2 different opinions yet council site with the CFA. The most incredible thing is that my block has no shrubs, trees or tall grass. It's the adjoining council land that is the issue. All becuase of the rule that was introduced in Feb this year, some 5 months after I purchased the block !! We know of at least 8 other cases with families with similar situations to us. We even read in the local papers that builders have had to lay off staff becuase of this. I have started taking legal action and pursued the services of a lawyer and barrister who have confirmed we have a case. Anyone one else out their with similar WMO issues holding back building your dream home?? Apologies by this rant, but this has begun to affect me, my family and drained us emotionally and financially and need to make people aware of what the government has unleashed on ordinary suburbs with scrubland !! Signed with Carlisle - Atlantique 36Mk2 altered & upsized Botanic Ridge Estate - Build started 22nd Oct 2010 Re: WildFire Management Overlay - Possible Class Action 2Jun 14, 2010 11:32 pm Hi Marclau I live in a different council to you but also have a WMO on our block this should not stop you from building on your block it should only mean you have to have certain requirments to build on it, Our local cfa classed our block as a BAL 29 as we do have trees and such on our land but when the house was classed by the building inspector it was then classed as a BAL 40, this added around $18,000 to the price of our house as it needed roller shutters and extras to make it safe for the fire .. Although it is not your fault unfortunatly the bal system rules you can go to VCAL to fight the council and some people win so you should maybe look into that... Soots viewtopic.php?f=31&t=31037 harvard 27 DFH signed contract 16th March 2010 slab down 1st June 2010 frame started 8th June 2010 trusses and frame finished 24th June 2010 tiles almost done 14th July 2010 Bricks started 14th July 2010 Plaster started 28th July 2010 Paint 25th August 2010 Re: WildFire Management Overlay - Possible Class Action 3Jun 14, 2010 11:48 pm Thanks Soots....... What is annoying is that we have nothing on our block. It's a half acre with no tree, scrub or grass in sight. CFA have already indicated there is nothing we can add to our house to help our cause. It's all the council land apparently. We are meeting with solicitor and a barrister tomorrow to take it further. CFA have flatly refused us to build and Franskton council have confirmed they wont go against the CFA. I got a fire risk assessment completed at our cost and they ranked our BAL as a 12.5. CFA reckon it's somewhere between a 29 - 40....... I will be taking the CFA and council to court and have started legal actions. VCAT is no option as they are 8 months behind and can ill afford waiting 10 months to begin building, paying interest on the block and rent. We have resigned that we will need to change the house, build a smaller one and see what happens.... Feel so ransomed as council will not assist us with coming up with a solution. Signed with Carlisle - Atlantique 36Mk2 altered & upsized Botanic Ridge Estate - Build started 22nd Oct 2010 Re: WildFire Management Overlay - Possible Class Action 4Jun 15, 2010 2:23 pm That's a terrible situation to be in. Do you have any recourse with regard to whoever sold you the block? Surely such information should have been disclosed in the Section 32 - seems like you've been misled quite significantly. Re: WildFire Management Overlay - Possible Class Action 5Jun 15, 2010 2:57 pm Thanks....... Actually when we purchased the block back in Sept last year, there was no such thing as a bush fire overlay.......so nothing is mentioned in the section 32. This bushfire thing was introduced back by Madden on 17th Feb this year and now so many people are stuffed. I met with our solicitor and barrister this morning and they agree we have a good chance legally of taking it further and forcing council to reduce the fire risk on their land but it will take time. Time = money, money I dont have but might be left with no choice. I also found out many families are affected it seems.....not just me although my situation is slightly different cause it's not my block affected but rather the adjoining council land..........!! Signed with Carlisle - Atlantique 36Mk2 altered & upsized Botanic Ridge Estate - Build started 22nd Oct 2010 Re: WildFire Management Overlay - Possible Class Action 6Jun 15, 2010 3:12 pm Have you thought anout accessing the media? Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: WildFire Management Overlay - Possible Class Action 7Jun 15, 2010 3:34 pm Sure have but was instructed this morning to wait as it could work against us with council whilst we are on our last legs with them. We will only go down that path if we dont get movement within the next fortnight and then, luckily cause I work in Marketing, I will unless 'media hell'..........on both the council, the CFA and government. Under 'freedom of information', many things will come out to the public forum and one thing in particular will work against council (unfortunately I cannot comment on that 'thing' yet) And whilst this ROyal Commission is going on, a PR company stated the media will have a field day with this....... Of course I want to avoid this if possible but will do it if I need to.......no matter what the cost. They are simply playing with our lives here.......and dictating what I can and cannot do on my land which is not an issue. Look at all the car accidents on the road, do we stop building cars?? We are a fire risk continent, they are now restricting me to build in a residential 1 zone street with housing, but becuase they are afraid of being sued, now wont allow me to build. How STUPID is that !!??? Signed with Carlisle - Atlantique 36Mk2 altered & upsized Botanic Ridge Estate - Build started 22nd Oct 2010 Re: WildFire Management Overlay - Possible Class Action 8Jun 15, 2010 4:11 pm We are building in Pakenham and had issues with the new bushfire laws too. Next to us is vacant land that the owner has been allowed to let it get ut of hand so it has become kind of overgrown. We were originally classed as a BAL12.5, and the more our builder looked into it, the higher the rating got, we were actually a BAL40. It held up our build for about 2 months while it was sorted out. We were never told that we could not build on our block, just that we have to 'fire-proof' our house with screens, toughened glass, etc... which was going to be costly As it was we ended up getting out of it all because we had signed our original PBA on the 4th of March and the new laws came in on the 15th or something. Happy days. Lisa- Finally in our house!!! Re: WildFire Management Overlay - Possible Class Action 9Jun 15, 2010 4:15 pm Wow, how did you manage that?? Laws came into affect 17th Feb and many people who were ready to move into their homes are now stuck as they cannot get C of O's. We signed our contracts back in Jan before the law was introduced.........what is a PBA?? Signed with Carlisle - Atlantique 36Mk2 altered & upsized Botanic Ridge Estate - Build started 22nd Oct 2010 Re: WildFire Management Overlay - Possible Class Action 10Jun 15, 2010 4:53 pm PBA- Preliminary building agreement. Our builder was actually REALLY helpful, we were the first people they had encountered that was affected by the new laws so we were all confused- but they did all of the running around which was great. We were told that the new laws didn't come into effect until March, and the building inspector agreed that since we had signed before it took effect that we had a loop-hole. We just had to sign a letter saying that we had signed a building agreement before the laws took effect. They put forward all of the paperwork and it was accepted. I was going out of my mind over it, and was peeved as hell it was going to cost approx $20,000 to apply all of the requirements- I think I would have blown a valve had I had to go through what you are going through. That is complete insanity. The new laws are insane. At the end of the day, I don't give a rats backside if my house is on fire, I'm not hanging around to find out if some screens and glass are going to protect it. ***From 11 March 2009 the new standard and planning measures come into effect as an amendment to the Victorian Building Regulations 2006 and focus on improving protection of new and replacement homes designed constructed and located within bushfire-prone areas. Lisa- Finally in our house!!! Re: WildFire Management Overlay - Possible Class Action 11Jun 15, 2010 5:36 pm Wow, which council and CFA approved all this?? PM if you want as I have started lagal action with mine....... Incredible, as I signed our building contracts back in January so they should have therefore been approved through this loophole............. In fact, I signed original documents back in Sept last year.......!!! Signed with Carlisle - Atlantique 36Mk2 altered & upsized Botanic Ridge Estate - Build started 22nd Oct 2010 Re: WildFire Management Overlay - Possible Class Action 12Jun 16, 2010 1:49 pm I had the understanding that as long as your house meets the BAL requirements, then it would be fine (if that meant you needed to spend an extra $50K for example, as long as you make it BAL then they couldn't stop you). Also, a few of my clients were able to sign a letter from the building surveyor stating that works on plans etc had been started before the WMO came into effect, which meant the BAL didn't impact on them. WMO is victoria wide now, so every single block of land now for sale has WMO on it. Re: WildFire Management Overlay - Possible Class Action 13Jun 16, 2010 1:55 pm I agree with MBBM as said before my block is a WMO and our bal is a 40 that does not stop us from building it only means that we have to pay for the extra requirments that you need to have for that rating.. surely the cost that you are paying for solicitors will out weigh the costs the bal will cost... viewtopic.php?f=31&t=31037 harvard 27 DFH signed contract 16th March 2010 slab down 1st June 2010 frame started 8th June 2010 trusses and frame finished 24th June 2010 tiles almost done 14th July 2010 Bricks started 14th July 2010 Plaster started 28th July 2010 Paint 25th August 2010 Re: WildFire Management Overlay - Possible Class Action 14Jun 16, 2010 2:24 pm A Wildfire Management Overlay (WMO) is similar but different to having a Bushfire Attack Level (BAL) Assessment. All Victorian houses need to have a BAL, however not all houses will have a WMO. We have a WMO, and it was certainly in place when we bought the property last August. We were also well aware of the BAL back then .... It seems like there may be confusion around the terms WMO and BAL? Marclau .... on what grounds exactly have the council refused your building permit? (Or it a planning permit?) Have you thought about getting a town planning expert involved? And btw, you don't have to be a "fire expert" to do the BAL assessment - you could in fact do it yourself. Read www.cfa.vic.gov.au/documents/wmo_applicants_kit.pdf and www.buildingcommission.com.au/.../guide ... arch10.pdf Building on an acre in Macedon ......one day. Re: WildFire Management Overlay - Possible Class Action 15Jun 16, 2010 3:47 pm We are in the Cardinia council- we are building in Pakenham. I'm not really aware of the CFA being involved to be honest. I don't remember that being bought up. I obviously fall into what MBBN is talking about- as we signed the letter as per the building surveyor to say works had started on plans, etc. Lisa- Finally in our house!!! Re: WildFire Management Overlay - Possible Class Action 16Jun 16, 2010 8:10 pm Thanks members, To answer your question mummagoose, council introduced WMO in March when they had my paperwork back in early Feb from my builder. We were told we need a Town Planning permit to be able to build before we then get issued with a building permit. My hired Town Planner has done all this extra work and completed the WMO requirements. Good thing today is that council have finally set up a meeting with all parties concerned including my Town Planner and hopefully a few councillors who I have notified of my plight. I will keep you informed how this goes as the meetingis scheduled form next Monday......... What I now dont understand is why CFA rated it a BAL of 40, a specialist Fire Risk Assessment Company rated it 12.5....!!!!?? Big difference..........and costs involved....we have already resigned to the fact we will need to build a smaller home now because of the delays and possible extra costs. We will work through this with our builder once this meeting has taken place. Signed with Carlisle - Atlantique 36Mk2 altered & upsized Botanic Ridge Estate - Build started 22nd Oct 2010 Re: WildFire Management Overlay - Possible Class Action 17Jun 16, 2010 8:18 pm So Marclau, I still don't understand! Has the council refused your application for a planning permit? And if so, on what grounds? Building on an acre in Macedon ......one day. Re: WildFire Management Overlay - Possible Class Action 18Jun 16, 2010 8:47 pm Apparently so but we still dont know on what grounds. All i have is a CFA letter rejecting my application. Hence me going down the legal path but now suddenly a meeting with council, CFA etc. I have been wanting this meeting for 6 weeks but got no-where.........maybe my solicitor has done something?? Not sure. I'm hoping we can come to some sort of mutual agreement so at least we can start to build... I'm just wanting an end to this nightmare.......we have not slept well since March....... Signed with Carlisle - Atlantique 36Mk2 altered & upsized Botanic Ridge Estate - Build started 22nd Oct 2010 Re: WildFire Management Overlay - Possible Class Action 19Jun 17, 2010 11:41 am I have no advice, just wanted to say good luck with it all. Re: WildFire Management Overlay - Possible Class Action 20Jun 17, 2010 12:53 pm Firstly, good luck with it. I cant imagine how stressing this would be Secondly, have you tried talking to your local member of state government. Book an appointment with them and pay them a visit. Explain how this is impacting you and the no one is able to give a reasonable answer. They can then appeal to Madden on your behalf. I had some great success with this approach but it was with regard to immigration rather than construction. But I would say its worth a shot Thank you so much everyone. This all makes a lot of sense. I guess when you talk to a builder who butters up everything to look very polished, you get to start believing… 7 17587 I am not sure whether Perth has its own way of doing things in regards to this. Most of Perth has class A (sandy soil), except for some areas near rivers or hills. 2 13091 I don’t think so as the floor area over 300 square meters then it is class 3…. 12 17935 |