Reg 415 Boundary Wall Heigh excedding the average of 3m

AdsF · Jun 12, 2013 7:16 pm

with the slope of my land the garage wall (which is on the boundary) exceeds the average of 3 metres under the regulations.
Applied for dispensation, but neighbours objected to it and now council have rejected it.

Has anyone had this issue and how have they delat with it?

I really dont want to reduce the height as I will need to cut the land and drop it by around 400mm.

Any sugestions advice would be greatly appreciated in the matter.

Robbie1950 · Jun 12, 2013 8:32 pm

Had exactly the same problem last year. I know in Melbourne (not sure where you are from) that the max wall height is 3.6m not 3m.

To cut a long story short, they made us take two courses of bricks off which forced us to modify the box gutter etc. Wasn't pretty!

AdsF · Jun 12, 2013 9:51 pm

I am from Melbourne.

You are right max height is 3.6m but the average wall height cannot exceed 3m. Mine is sitting at 3.4 which I honestly dont see the big issue with it. But neighbour kicked up a fuss and the council rejected it.

grom40 · Jun 13, 2013 12:31 pm

You need to understand that the regulation is there for a reason - ie: it has been concluded that a wall of any greater height will impede the flow of light and/or air to your neighbour's property.

I personally don't think there is any way around the regulation, particularly in circumstances where your neighbour is objecting. However your next step would be to take the matter to the equivalent of VCAT in your state (you don't say where you are from) to basically appeal against the council's decision. I strongly suggest you seek legal advice as to your prospects of success prior to doing so. In the long run legal costs (and the cost to your relationship with the people you have to live next to) may be more than just having to modify the wall.

AdsF · Jun 13, 2013 4:49 pm

Thanks grom40.

I am from Victoria Melbourne.

I have actually provided prof that it will not effect their natural light to any of their windows or living areas. The sun sets on the back it cannot possibly affect it.

Its only higher by 470 mm

Going to appeal it to the Building Appeal Board see what they say.

Was just wondering whetehr anyone else have gone down this path.