Browse Forums Building Standards; Getting It Right! 1 Jun 10, 2016 3:24 pm Hi everyone. Just need an advice as we have no idea what to do. Our next door neighbours had cut and fill the ground in building their single story dwelling. In their DA it noted that the fill is 450mm and retaining wall to be built by client. Now the retaining wall had been built next to our boundary fence. We noticed that at the highest the retaining wall measures 900mm which then indicated that the fill is also 900mm double than what was in the DA copy sent to us. Because of this our dividing fence which is 1800mm is effectively only 900mm on their side but still 1800mm on our side. Hence now we suffer from no privacy both visual and acoustic. Also like to mention that 2 windows are directly looking into our outdoor veranda and no privacy screening was installed. We approached council. They admitted that there is what they call “a minor non -compliance” and they will not be doing any action. Does anybody experience or knowledge similar to our problems? What can be done? Where to begin and go for help? Desperately need help, please. Is there a time limit to complain to council? Re: Retaining Wall DA Non-compliance 2Aug 11, 2016 8:43 am Hi dmcroydon Unfortunately you have missed the boat and there is very little that can be done now.. Why? 1. Most council advertise planning/building proposals for viewing this shifts the onus on you to check if they miss sending you a letter 2. Council are also moving towards self assessment reducing staff that are required to check 3. "People make mistakes" is the excuse I hear all too often " Can't do anything now it's too late" 4. Courts don't want to deal with retaining walls levels, cost blow outs, etc, etc. My advice to anyone who has a difficult sites adjacent, ie , soil type,sloping, fill, retaining is to monitor, check & take photos at each stages as it proceeds. It's much easier to deal with problems as they occur... In the case of non-compliance it only really matters to the authorities if it results in,collapse, property damage, harm,death, at a later stage in which case consult an Engineer & Lawyer. Now...Also..Check the engineering details to see if they built the wall to specifications Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Retaining Wall DA Non-compliance 3Aug 12, 2016 12:37 pm StructuralBIMGuy Hi dmcroydon Unfortunately you have missed the boat and there is very little that can be done now.. Why? 1. Most council advertise planning/building proposals for viewing this shifts the onus on you to check if they miss sending you a letter 2. Council are also moving towards self assessment reducing staff that are required to check 3. "People make mistakes" is the excuse I hear all too often " Can't do anything now it's too late" 4. Courts don't want to deal with retaining walls levels, cost blow outs, etc, etc. My advice to anyone who has a difficult sites adjacent, ie , soil type,sloping, fill, retaining is to monitor, check & take photos at each stages as it proceeds. It's much easier to deal with problems as they occur... In the case of non-compliance it only really matters to the authorities if it results in,collapse, property damage, harm,death, at a later stage in which case consult an Engineer & Lawyer. Now...Also..Check the engineering details to see if they built the wall to specifications Id like to know how you decided he missed the boat considering dmcroydon hasnt given any timelines? Nor is the issue about whether dmcroydon received timely notifications.- nothing was said that he found out about it at a stage that was too late. Also I do not agree with your advice there is nothing he can do. He may actually be able to do a few things. To dmcroyon, first you have to be practical. Ask yourself whether the actual extra 900mm does create a big enough trauma for you to make an issue of it? I think when the earth fill exceeds 1 metre, then permission is required, so Im not sure that the 900mm is an actual breach anyway in strict terms, maybe the DA just highlighted what the developer told them? In other words, they could have told council 900mm and they may still have gotten approval anyway. Can you just erect some screening on your side to block all this out? Even if it costs you $1000, it will probably be a cheaper option that litigation. If you want to litigate , you can pursue it if you have the time and money. DA conditions cannot be varied. Councils cannot abrogate their responsibilities in enforcing them either and if they tell you that, they are fibbing. Tell them you will take them to court and you'll see a change in attitude. (bear in mind what I said above about 1 metre - you really should find that out first) You would need to see a solicitor who specialises in property matters as a first port of call. I dont know what the time limit to complain to council is, but it would have to be a number of years, so get on it right away if this is recent and you will be fine.. Re: Retaining Wall DA Non-compliance 4Aug 16, 2016 9:23 am What is the council going to do ...Nothing...Face up to the fact that you will live with someones mistake and in case you haven't noticed the subtle changes in the new codes, standards,compliance,etc,etc..the onus is now being shifted to self assessment and onto the aggrieved in most cases (double whammy).. call it how you wish fair or unfair. The whole DA system sucks and blows the battlers are told to get expert advice and pay for someone to hold your hand in the first instance..then in the end you compromise and it's costs you heaps..go figure Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs Re: Retaining Wall DA Non-compliance 5Aug 16, 2016 8:27 pm StructuralBIMGuy What is the council going to do ...Nothing...Face up to the fact that you will live with someones mistake Ha, some defeatist attitude you have there. Council officers are employed to act as code enforcers on behalf of the state. That obligation has not been mitigated. StructuralBIMGuy and in case you haven't noticed the subtle changes in the new codes, standards,compliance,etc,etc..the onus is now being shifted to self assessment and onto the aggrieved in most cases (double whammy).. call it how you wish fair or unfair. Self assessment was brought in on certain codes to cut down red tape and speed up the development process. It was not designed to shortcut code compliance, and normal documentation such as plans, etc still have to be submitted . Granted, a code infraction may now not be detected until build completion but as I stated, OP has not divulged what stage the build is at. If he has detected the error as it has occurred he has every right to complain to council with the expectation to have it corrected via enforcement. They can be sued civilly, if not criminally, if they are negligent in performing their function in this regard. Re: Retaining Wall DA Non-compliance 6Aug 16, 2016 11:59 pm I've been complaining all week to 2 councils & they don't give a ratz and LOL..i was beaten into submission Designer,Engineer (Civil,Const & Envir),Builder,Concrete & Masonry Contract.Struct Repairs From a pure legal perspective, if you've signed the variation, it is a very high bar to have it set aside. 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