Browse Forums Building Standards; Getting It Right! 1 Mar 06, 2016 9:35 am First off, let me say that I am not seeking to do anything untoward, rather to end up with a result that sees our future home blend into its surroundings. We have recently purchased a block (NSW) with water views and some very nice mature ornamental tree specimens. The location of the block, its dimensions, locations of mature trees and slope result in certain constraints. Each of the other homes in the street that share similar characteristics are laid out in the manner that we hope to develop, however, all were built long before an SEPP was created. If I apply the SEPP to the letter, the end result would be less than desirable in almost every aspect. I have searched the net, read the EPA and SEPP's, but it is not clear how I propose development that is not in line with the SEPP (noting that it is a policy referred to be legislation, rather than legislation in its own right), apart from lodging a Development Application. The block is flagged as environmentally sensitive, so I am aware that there is no expedited path. Has anyone done anything similar? Can anyone advise the next steps if the initial response to the DA is no? Any info from those with hands on experience would be greatly appreciated. Thanks Thy Re: SEPP - Seeking approval for variations 2Mar 06, 2016 10:05 am My experience with planning is in Victoria but nothing beats asking nicely for guidance and I always found council officers more than willing to help with the right approach. The second step is to get assistance from planning consultant in those matters. Perhaps Stewie on this forum may assist 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: SEPP - Seeking approval for variations 3Mar 06, 2016 12:25 pm Certainly I will be asking nicely, and demonstrating intention to conform where possible. Initial inquiries have been met with "mmm, that may be a showstopper". I just like to understand all the avenues, it allows me to have intelligent and informed discussions when I understand the constraints that the system imposes. I will be engaging a consultant as much has changed since last I did this in Tassie. The bureaucracy has grown much since then....... Thank you. Re: SEPP - Seeking approval for variations 4Mar 06, 2016 7:45 pm OK, so the secret is to dig, dig and dig some more, finally found this on the NSW legislation site http://www.legislation.nsw.gov.au/maint ... 80+cd+0+N# It would seem that as long as I know which standards I am unable to comply with, and with an appropriate explanation, the DA will be considered. I am yet to find the review or appeal process, but this will get me started, and I will remain optimistic that commonsense will prevail. Re: SEPP - Seeking approval for variations 5Mar 06, 2016 8:56 pm Thanks BE but my experience in these matters is limited to only two jobs both about 5 years ago. From memory they were both a right pain in the butt even though they were of a relatively minor nature. We did as you state Thylacene but also we were able to glean some info from the council register about a couple of previous jobs. Yours being a new build entirely is a different beast. You may need to contact an architect or building designer who is familiar with this process especially one in the area you are proposing to build. As an aside though, I'd find that if you do your homework in the area about existing dwellings even though they were built before SEPP came into being does create a sort of defacto precedent. More than once in the past I have used this as a method to prove a point relating to a DA I have lodged on behalf of clients. I had a quick look at the legislation and it appears to be similar to the Clause 20 that a lot of councils have. That is that the council guidelines and rules cannot hope to cover all properties seeing as they are all unique with different sizes, slopes, aspect, vegetation etc so the councils ( or was it the NSW govt ) created this clause to allow some leniency regarding those rules. A council planning officer once told me that council rules are not set in stone and if you can adequately explain why a variance under Clause 20 is asked for and is not too over the top then it may get passed. Usually I write pretty comprehensive SEE's and any variance asked for is explained in detail. This here from the state legislation... "3 Aims, objectives etc This Policy provides flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act." seems to be much the same. Of course if you are trying to get away with a development that is too high, too wide, cuts down too many trees etc and ask for numerous variances under that clause then the council in all likelihood will deem it unfit and reject the DA out of hand as being not in character for the area etc. Good luck ! Stewie It seems very clear to me that your contract states that a security account does NOT need to be established so the answer to the builder is NO. If in doubt find a contract… 1 6363 The fastest thing a builder will do is bank your cheque, those systems work perfectly with lightning speed, everything else is slow burn. Just the way it is. 1 5627 Can someone please offer some advice? Im DESPERATE. Because I'm completely and utterly exhausted. How long are variations taking with other companies at the moment? We… 0 12005 |