Browse Forums Building A New House Re: Building in Bingara Gorge 701Jan 06, 2015 8:38 am Thross, we paid ours at settlement and yes, paid once everything is complete. I am now led to believe that they are checking the entire landscape plan has been adhered to, not just the front yard, as my neighbour has had to plant large trees in his backyard per his landscape plan. If they did inspect our backyard they ignored the landscape plan we submitted as we did not follow through with what we said we would. And correct, I believe someone comes out and physically inspects the gardens. Re: Building in Bingara Gorge 702Jan 11, 2015 8:25 am Hi all, We have received some really disturbing news from council that I am struggling to get my head around. We were informed by Lend Lease and the site plans provided by them that the rear boundary is to be 4m and 5.5m at front. We have received a non-compliance letter from council stating that the rear has to be 6m and front 7m meaning our home is 4.5m too long! Subsequently this means we cannot build the house we have chosen after paying the first instalment and going through the entire process! Can anyone else confirm they are having the same issue and if anyone has any advice that would be much appreciated. The Wisdom non-compliance officer is to contact council on Monday to get more information but in the meantime we are stressing! We even submitted our plans to David Costanzo on a couple of occasions. We were also told that because we are on the corner they are more lenient. Any help would be much appreciated. Thanks Re: Building in Bingara Gorge 703Jan 11, 2015 1:43 pm Do you have copies of the site plans indicating the setbacks? actually that doesn't really matter as i am sure LL has signed off on your plans and approved everything If Council come back with the same response I would be finding a good solicitor or at minimum speaking to your conveyancer about it as it would be written in the sales contract what the setbacks are. Re: Building in Bingara Gorge 704Jan 11, 2015 2:15 pm Hey Brad S, Thanks for your response. Yeah I have spoken to Sandy today and she has advised me that there is some other people in the same situation. I am going to call my solicitor tomorrow if things don't go well with council. I am currently going through the contract now to see where it is outlined regarding the boundaries but I cannot see anything in there. Hopefully I get some good news tomorrow! Thanks again... Re: Building in Bingara Gorge 707Jan 11, 2015 7:21 pm Hi Nat879 - did you go through a Private Certifier? This is really disturbing as we are about to finalise our plans but if this is the case it will totally stuff our plans. As far as we know the guidelines to be followed were in the book and if David signed off the they were correct. Re: Building in Bingara Gorge 708Jan 11, 2015 8:01 pm joandandy Hi Nat879 - did you go through a Private Certifier? This is really disturbing as we are about to finalise our plans but if this is the case it will totally stuff our plans. As far as we know the guidelines to be followed were in the book and if David signed off the they were correct. Hi joandandy, That is what I thought. We even sent our plans to David prior to officially submitting them to get advice so he has essentially signed off on them twice. We couldn't go through a private certifier. If I was you I would speak to someone at council and/or look at the Development Control Plan 2011 volume 7 Control 4.3.3. That is what council have referred to in their non compliance letter in relation to the boundaries. We are in the same boat re house, if they are the boundaries there are not many options! I hope this helps. Keep me posted as to how you go.. Re: Building in Bingara Gorge 709Jan 11, 2015 8:12 pm Here you go guys, here is a link to the DCP for Bingara Gorge. 4.3.3 is on page 25. Its really weird as i was told by one council rep that there was no building envelope and that the Lendlease Building and Siting Regulations were not even referred to by council when approving a DA What size blocks are you guys on? http://www.wollondilly.nsw.gov.au/image ... 20Park.pdf Re: Building in Bingara Gorge 712Jan 12, 2015 8:50 am Nat879 Hi all, We have received some really disturbing news from council that I am struggling to get my head around. We were informed by Lend Lease and the site plans provided by them that the rear boundary is to be 4m and 5.5m at front. We have received a non-compliance letter from council stating that the rear has to be 6m and front 7m meaning our home is 4.5m too long! Subsequently this means we cannot build the house we have chosen after paying the first instalment and going through the entire process! Can anyone else confirm they are having the same issue and if anyone has any advice that would be much appreciated. The Wisdom non-compliance officer is to contact council on Monday to get more information but in the meantime we are stressing! We even submitted our plans to David Costanzo on a couple of occasions. We were also told that because we are on the corner they are more lenient. Any help would be much appreciated. Thanks Sigh sorry to hear Nat879, that's the news that makes your blood boil. I really hope you can get some resolution on this. Building the Milano Four 15m Plan in Bingara Gorge Visit our blog Below http://mjh-milano-15m-bingara-gorge.blogspot.com.au Re: Building in Bingara Gorge 713Jan 12, 2015 9:36 am BradS hard to tell which one would be applicable as its marked as 250sqm, 450sqm and 700sqm You would need to ask council how they work out the blocks in between To me it looks like the council has interpreted the table wrong. Based on LL's building envelopes the table should be read as 250sqm+, 450sqm+, 700sqm+, 2000sqm+, 4000sqm+ This is how i read it based on our building envelope we have from LL. Nat879, I would go back to council for re-clarification. Building a MJH Monte Carlo Executive with Rear Activities (modified) in Bingara Gorge Fairways 4 08/12/14 Land Exchanged 23/02/15 Initial Deposit with MJH Re: Building in Bingara Gorge 714Jan 13, 2015 2:08 pm damncan BradS hard to tell which one would be applicable as its marked as 250sqm, 450sqm and 700sqm You would need to ask council how they work out the blocks in between To me it looks like the council has interpreted the table wrong. Based on LL's building envelopes the table should be read as 250sqm+, 450sqm+, 700sqm+, 2000sqm+, 4000sqm+ This is how i read it based on our building envelope we have from LL. Nat879, I would go back to council for re-clarification. Thanks for your replies and thoughts. I have spoken to Wisdom who interpret the table the same way. I have been in contact with Sandy who has told me there are a lot of people in the same situation. She stated LL and council are having a meeting tomorrow to sort the issue out and we will be advised of the outcome/update tomorrow. This is so stressful! I hope we get an answer tomorrow. Re: Building in Bingara Gorge 715Jan 13, 2015 2:19 pm Hope all goes well Nat879 and the outcome is in your favour. We will mention this to our builder to see what he thinks or knows. He is a local builder so I would presume he knows the regulations. Re: Building in Bingara Gorge 716Jan 14, 2015 12:34 am Thanks Joanandandy. Wisdom have spoken to council and they have confirmed that the boundaries are what they outlined in their letter. This means anything above 450sqm has 7m front and 6m rear setbacks. This has totally stuffed us up to the point where if it drags on and we can't use the shorter boundaries we will have to sell the block. I am shattered. Re: Building in Bingara Gorge 717Jan 14, 2015 6:08 am Oh Nat879 I am shattered for you too. We are now in the same boat as you but I am going to stay positive. Hopefully LL and Council can come to some agreement. I am going to have to call our builder today to let him know what is happening & to put everything on hold until this issue is resolved. I believe where there is a will there is a way so stay positive! Re: Building in Bingara Gorge 718Jan 14, 2015 6:22 am joandandy Oh Nat879 I am shattered for you too. We are now in the same boat as you but I am going to stay positive. Hopefully LL and Council can come to some agreement. I am going to have to call our builder today to let him know what is happening & to put everything on hold until this issue is resolved. I believe where there is a will there is a way so stay positive! I like your way of thinking joanandandy. I really hope it gets resolved for all of our sake. I am just running out of time as I am about to go on maternity leave and I can't get the loan for the house! I have already been pre approved but when I go on mat leave it will be a different story. So I have that as well, which is really concerning. Hopefully we have a clearer picture today. Good luck joanandandy. Re: Building in Bingara Gorge 719Jan 14, 2015 6:27 am joandandy Oh Nat879 I am shattered for you too. We are now in the same boat as you but I am going to stay positive. Hopefully LL and Council can come to some agreement. I am going to have to call our builder today to let him know what is happening & to put everything on hold until this issue is resolved. I believe where there is a will there is a way so stay positive! Have you spoken to LL and told them the situation? If not I would advise you call them so they know for todays meeting. Hope all goes well…. Re: Building in Bingara Gorge 720Jan 14, 2015 8:35 am I have just called them. They asked if we are a corner block but then said it appears a lot of people in Highlands are affected. No meeting today - has been cancelled because they need someone higher up to deal with Council. As far as I am concerned Council would have seen these restrictions when the sub division was lodged & if they passed them then they have to stick to it. Just another "little" setback! No idea about the driveway question, but your price for a house that size including landscaping seems very good! 1 22250 No, not yet. It’s currently being assessed by our building surveyor 4 19500 With that sort of soil type if you ask for a design to include piers then I would also include void formers. That way you should reduce the chances of settlement and heave. 7 19979 |