Browse Forums General Discussion 1 Aug 30, 2011 5:28 pm My house permit was issued with a section 173, that says we have to put aside approx $20k worth of land and fill it with native plants. There was no discussion or opportunity to oppose it, and its basically blackmail - you want the permit then you have to accept the conditions. It was imposed due to requiring a single tree to be removed for the house site. Anyway the section of land in question is in the most fire prone area on the property, and is about 30 metres away from a neighbors house, and on the other side of our fence is heavy\dense bush land. The section 173 is a legal agreement that will appear on the title of the property, is binding for 10 years, and requires yearly reports to council on how the trees are going, management plans etc etc etc etc. Of course all of this is at the land owners cost, including legal fees for writing up the agreement\contract..... Anyone have any experience\comments\suggestions ???? It seems like a David and Goliath battle............ H's Emperor Q1 on acreage Site cut 16/6/11 Slab 2/8 Frame 29/8 Tiles 9/9 Bricks 13/10 Plaster 2/11 Fittings 28/11 PCI 19/3 Re: Appeal against a section 173 condition on permit 2Sep 08, 2011 10:41 pm You still need to agree to the Section 173 and normally it is part of a planning permit process as you must have some sort of vegetation overlay? If you can PM me the site address I can look a bit further into it for you? You are correct, Section 173's are a legal binding agreement that sits on your title - Councils love them as it takes the police work (and cost) away from them and puts it back on you! Builders are people too.... Re: Appeal against a section 173 condition on permit 3Sep 08, 2011 10:48 pm I had similar case mine was open spaces levy,5% of land value condition of permit.Spoke to council negotiated for 2.5% it's a thought Re: Appeal against a section 173 condition on permit 6Sep 09, 2011 9:44 am builda You still need to agree to the Section 173 and normally it is part of a planning permit process as you must have some sort of vegetation overlay? We have to plant a few hundred native plants in the area, fence it off, pay for someont to maintain it and write reports. Its not like we are going to have a heap of money left after building the house, landscaping (requirement of permit) and the final house items (curtains etc).... its a bit harsh. At the same time, I also don't want to cause problems with occupancy permits etc. H's Emperor Q1 on acreage Site cut 16/6/11 Slab 2/8 Frame 29/8 Tiles 9/9 Bricks 13/10 Plaster 2/11 Fittings 28/11 PCI 19/3 DIY, Home Maintenance & Repair I'm in WA and our sandy soils make drainage a bit easier but this is what I'd be doing. Dig down to your footings and let the wall dry out. Clean it all well by brushing… 1 3393 6 2994 Looking to start the journey of becoming an owner builder in SA. Feeling pretty (overly) confident on the building and construction details, but really struggling to find… 0 5786 |