Browse Forums General Discussion 1 Jul 29, 2012 12:30 am Hi all can anyone provide some info regarding this matter i have lodged plans for a swimming pool and spa foundation with a private surveyor who issued me a building permit this is now 5 weeks old and council have come back saying it was issued when not all information was obtained. We have since provided a amended plan moving spa slab off an easement which had yarravalley consent but not local council. The private surveyor says it is all OK with amended plan as he missed storm water pipe in easement on plan of subdivision. Does a local council have any write to overturn a issued building permit if they deem any works dont comply as they seem to have a difference of opinion with private surveyor. Thanks Re: Private surveyor and council 2Jul 29, 2012 8:30 am The council have a right to protect their assets, the stormwater pipes in the easement. This is a different matter to complying with a design. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Private surveyor and council 3Jul 29, 2012 10:36 am Yeh i get all that bit and plan has been revised to suit if the local council and surveyor have a difference of opinion in the future do they have the right to stop permit a if works have already started. Re: Private surveyor and council 4Jul 29, 2012 11:19 am The council can only object to protect its assets. If you built on an easement the council could demand the completed work be demolished if they have to replace their pipe. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Private surveyor and council 5Jul 29, 2012 12:17 pm Your designer should have checked for easements and made sure that consents to build over easement is obtained before designing over it. Your building surveyor should not have issued building permit without checking that consent to build over easement is in place. If you are now not building over easement it's OK and the council should have no other interest in the matter. Another option would have been to ask to build over easement, supported by indemnity. This means if the structure over easement becomes damaged or demolished because drainage has to be fixed, the council is indemnified for cost of demolition and or damage. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Private surveyor and council 6Jul 29, 2012 8:13 pm Yeh hopefully all ok now have moved proposed concrete slab and pool fence off easement. And yes the surveyor did miss a code on the plan of subdivision lucky we had rain in Melbourne over last 2 weeks other wise the slab may have been done already. Council wanted $1000 for a build over easement permit! every other build over permit has a regulated fee maximum except a easement permit so they can charge whatever they want. Thanks for the replys Hi everyone, Looking for some advise. We are about to build an above ground pool in our backyard. There is a private sewer line running under the pool at 1.6m… 0 11755 If you already have a contract, is the inspection cost stated in there? If not they would be forced to issue you a variation which you could of course object to. 12 25863 Even if it's not being sub-divided and you want to keep it as Torrens title, you will still need to talk to a town planner or Council themselves, to see if they will allow… 1 11033 |