Browse Forums General Discussion 1 Apr 02, 2016 8:49 pm We will be building a new home with one of the larger spec home companies in VIC after we demolish our old home in Melbourne. We were given a basic proposed plan to show our neighbours on either side of us and asked them to sign the form to say that they prove or object to the setback proposed. One neighbour is fine with it and signed it but one is questioning us about it and refusing to sign. We plan to have a setback of approx only 7 m. The neighbours(who object) setback is already 5m from the street. If this neighbour objects, can they delay or prevent us from building? The plans will be submitted to council in approx 2.5 weeks by our building company. We have already paid a deposit to the building company of around $11000. Can someone give us some advice on this as this is the first time we have experienced the building process and are very new to this. It is already starting to cause me stress! Your responses would be appreciated. Thanks Re: Setback dispensations- can neighbour object + delay proc 2Apr 02, 2016 9:18 pm Council will take their objection into consideration in their decision. But the decision will include a lot of other factors suchi as the effect on the street, visual bulk, if you can negotiate a compromise etc. Even if both neighbours agree, Council may require some compromise in the design to preserve the integrity of the streetscape, etc. How much of a dispensation from the required setback are you asking for? Council could also consider that since you are building a new house, you could choose a house design that fits on the block without needing to alter the setback. Re: Setback dispensations- can neighbour object + delay proc 3Apr 02, 2016 11:29 pm Thanks for your reply. Our current place is 8m set back from the street and the new one will be around 6.5 to 7m so not much. Others in the street are single story and 2 double story homes near by. Thanks for your advice- it is much appreciated Re: Setback dispensations- can neighbour object + delay proc 4Apr 03, 2016 2:16 am I think that you may find that it is the average setback. I was able to move my house forward as I set my double garage back further which allowed me to bring my front room forward to still meet the average setback. I don't understand the part where the neighbour that is objecting is only setback only five meters. sounds like they are not back enough so if that is a precedent then setting back 7m should not be a problem. I doubt there is a maximum set back only minimum. Cheers Mark Re: Setback dispensations- can neighbour object + delay proc 5Apr 03, 2016 8:39 am In Melbourne, the required setback is the average of the houses on each side, measured from the external wall of the most forward part of the house. I applied for a dispensation to reduce my setback by about 2.5 metres to build a dining room extension. Despite having the OK from my neighbours, initially Council refused, since I had a large backyard and room on the side too and they thought I could extend out there. However, eventually they allowed it, because my house is built on an angle across the block and their suggestion for compromise would have blocked out quite a bit of my northern light. They required that I plant tall screening trees to reduce the visual aspect and so others in the street wouldn't complain (apparently this is quite common - people give council a really hard time if they see someone else getting permission for something). If I was building a new single house, I wouldn't even attempt to get a dispensation - would just build to the set back. Re: Setback dispensations- can neighbour object + delay proc 6Apr 03, 2016 10:34 pm Thanks for your responses - they are much appreciated! Re: Setback dispensations- can neighbour object + delay proc 7Apr 04, 2016 10:35 am It'll depend on your local council as much as anything and how they view setbacks. Ours takes the same approach as Joynz - average of the two neighbouring properties if they are forward of the required front setback which is 6.5m. However if they are further back they will allow you to build to the minimum 6.5m even if the two other homes are way back. Neighbours can object all they like but they also have to have good grounds for doing so. Stewie Re: Setback dispensations- can neighbour object + delay proc 8Apr 04, 2016 11:30 am In Victoria planning decisions can be appealed to VCAT, so the answer to OP is yes they can delay your house construction if they appeal. Some time ago I was hired to assist neighbours with setback dispute, it ended up in VCAT mediation where neighbours were told they could not win if they went to hearing but the hearing process would delay development. Don't forget also that VCAT decision too can be appealed to the Supreme Court therefore more delays. We threatened to go to hearing and the developer caved in and agreed to additional 3M setback. It just proves you can win with a loosing hand(sometimes) Try and negotiate with your neighbour or hire someone that can do it for you. 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: Setback dispensations- can neighbour object + delay proc 9Apr 04, 2016 2:59 pm Stewie D It'll depend on your local council as much as anything and how they view setbacks. Ours takes the same approach as Joynz - average of the two neighbouring properties if they are forward of the required front setback which is 6.5m. However if they are further back they will allow you to build to the minimum 6.5m even if the two other homes are way back. Neighbours can object all they like but they also have to have good grounds for doing so. Stewie Stewie is right. Most planning schemes Ive read are clear on setbacks. Either you comply with the formula , or you dont. If you do, the neighbour can still (unwitingly) complain , but it will be dismissed quickly. But if you do not comply , which is what it sounds like since you had to ask permission, the neighbours objection will need ot be considered carefully , and will very likely hold up your build, and quite likely stop it.. The neighbour has a right to object to your bending the rules and can force you to adhere to them, which is only fair. Re: Setback dispensations- can neighbour object + delay proc 10Apr 25, 2016 9:47 pm Hi, My understanding is that out of the two neighbours you only require one ok, I think you run into problems when both object. We are wanting to have our setback at 5.5 metres, one neighbour is at 4 and the other is at 7. Hoping the council use the average of the two which will make ours 5.5. Re: Setback dispensations- can neighbour object + delay proc 11Apr 26, 2016 7:26 pm Actually, the views of both neighbours are taken into consideration. If you are in Victoria then the average distance between the neighbours will be fine. You shouldn't need a dispensation for 5.5m based on your neighbours distance unless the visual bulk of the house is out of character with the neighbourhood. Re: Setback dispensations- can neighbour object + delay proc 12Apr 28, 2016 6:17 pm ^^^^ not correct unfortunately No, not yet. It’s currently being assessed by our building surveyor 4 6325 Hi, My home construction is complete, and the handover is scheduled next week. However the construction has been delayed and I have raised this to the builder. The… 0 5321 1 7935 |