Browse Forums Building A New House 1 Mar 11, 2010 1:44 pm Hi, We recently received a letter from our shire in the mail stating that our neighbour has applied for a planning permit. They have put in a permit for a 2 storey house I have nothing against 2 story houses its just I don't really want one next door as we are single story and on a hill. If I do go to council and dispute the matter will the neighbour be told who disputed it? The only grounds I wish to complain is that they will be able to see directly over our roof and straight into our backyard so our privacy will be lost. Just curious when do shadowing come into effect, because I know that when we got our plans drawn the draftsman ask a few questions about what was either side due to shadowing. I could be way off, but I'm just curious.... Any help or opinions would be a huge help Re: Disputing neighbours planning permit 2Mar 11, 2010 1:53 pm Ability to look at the backyard is not a great thing. I reckon they will have to obscure/remove windows looking at your backyard and won't (shouldn't ?) be allowed to have balconies/terraces from which they can observe it. Regarding "who objected" I do not know if there are any universal rules. A sister of my friend is planning to build at the same estate where we do and she knew who objected on her application bu I do not know how she sourced that info... ... built a Promenade with Clarendon. viewtopic.php?f=31&t=25104 20-10-09 - excavation and piering completed ... 12-04-10 - Basins fixed. Connecting to the electrical grid 23-04-10 - PCI 07-05-10 - HANDOVER! Re: Disputing neighbours planning permit 3Mar 11, 2010 2:00 pm Hi, We recently received a letter from our shire in the mail stating that our neighbour has applied for a planning permit. They have put in a permit for a 2 storey house I have nothing against 2 story houses its just I don't really want one next door as we are single story and on a hill. If I do go to council and dispute the matter will the neighbour be told who disputed it? The only grounds I wish to complain is that they will be able to see directly over our roof and straight into our backyard so our privacy will be lost. Just curious when do shadowing come into effect, because I know that when we got our plans drawn the draftsman ask a few questions about what was either side due to shadowing. I could be way off, but I'm just curious.... Any help or opinions would be a huge help There are rules in place to stop overlooking and shadowing, but the neighbour may still be able to see into your backyard even adhering to the rules (as you are on a hill). If you dispute it, you can't really hide it. If the council requests a change to a room, window, wall, etc to avoid overlooking they will have to specify which side of the house, and as such it will be known which neighbour lodged the dispute. Blog is now up - http://www.jbdave.blogspot.com/ Re: Disputing neighbours planning permit 4Mar 11, 2010 2:08 pm for the council area I am any objections are part of the public record and thus accessable. I feel for you as we had a 2 storey place built next dr and that blocks out a lot of the arvo sun esp in the winter. However building of a 2 storey home is quite acceptable around here, as I would have thought in most if not all parts of Australia, that objecting simply because it is 2 storey won't have any affect. Maybe on the grounds of window placement and privacy, meeting minimum set backs etc yes. eg a sliding bathroom window had to be an awning style as a sliding one the privacy was lost as soon as it would be open. All the best, hopefully you will feel that your council are more on your side that I had Re: Disputing neighbours planning permit 5Mar 11, 2010 3:02 pm This is our situation, we connect to 4 blocks. We have on to the side which is an existing single story home, we have one behind us which is a single storey but we sit higher. Then we have another house which is next to the existing single story so they are more to the front but they have a 2 storey and their deck faces our direction so they can see into our backyard. Now we have the new people who are wanting to do a 2 storey as well! I will be going to the council and having a look at there design. This has just shattered me... we are so excited as we haven't go long to move in and now we get this Re: Disputing neighbours planning permit 7Mar 11, 2010 7:37 pm What council are you with? We didn't have to do any neighbour notification as our plans complied with rescode, got it approved in 2 days. JJ305 The only grounds I wish to complain is that they will be able to see directly over our roof and straight into our backyard so our privacy will be lost. Just curious when do shadowing come into effect, because I know that when we got our plans drawn the draftsman ask a few questions about what was either side due to shadowing. I could be way off, but I'm just curious.... Overlooking windows will have to be screened or obscure glass used up to about 1700mm, so you'll probably find that argument won't get too far. You may get further with objecting to overshadowing, depending on where the shadows go according to their overshadowing plan? Unfortunately you probably won't be able to stop the double storey and force them to build a single storey... T&T Knockdown and rebuild - building Metr1con Nolan 41 (43) @ http://tim-and-tina.blogspot.com! http://www.verdantdental.com.au Re: Disputing neighbours planning permit 8Mar 11, 2010 8:02 pm really it just comes down to a lucky dip.... unless you buy a block that is already built around which is nearly impossible to do with how quick blocks sell.. I'd prefer all single stories around me but if someone decides to build a 2 story then there is nothing I can do about so not point spending any time worrying about it. Re: Disputing neighbours planning permit 9Mar 11, 2010 9:06 pm wakeboardandy really it just comes down to a lucky dip.... unless you buy a block that is already built around which is nearly impossible to do with how quick blocks sell.. I'd prefer all single stories around me but if someone decides to build a 2 story then there is nothing I can do about so not point spending any time worrying about it. or unless you build a double storey home ... built a Promenade with Clarendon. viewtopic.php?f=31&t=25104 20-10-09 - excavation and piering completed ... 12-04-10 - Basins fixed. Connecting to the electrical grid 23-04-10 - PCI 07-05-10 - HANDOVER! Re: Disputing neighbours planning permit 10Mar 11, 2010 9:38 pm mattydals Hi what state are you in? Overlooking and overshadowing doesn't apply in all states. We are in Victoria slknv What council are you with? We didn't have to do any neighbour notification as our plans complied with rescode, got it approved in 2 days. Overlooking windows will have to be screened or obscure glass used up to about 1700mm, so you'll probably find that argument won't get too far. You may get further with objecting to overshadowing, depending on where the shadows go according to their overshadowing plan? Unfortunately you probably won't be able to stop the double storey and force them to build a single storey... T&T Our council is the Shire of Yarra Ranges Re: Disputing neighbours planning permit 12Mar 12, 2010 7:45 am I'm a bit confused - why do they need a planning permit? Is the land zoned other than residential, being subdivided, or is there something else unusual? Normally, a building permit is all that's required if the property is in an existing subdivision, zoned residential....unless the house being built is something out of the ordinary. The developer will have done all the planning permit work already. If someone builds a double storey house on the vacant block behind us, we won't be notified at all - planning approval already exists for the whole subdivision. In fact, I wish they'd hurry up and build so we can get the inconvenience of construction noise and mess out of the way. Is it perhaps an older area with only single storey homes? Just curious... Re: Disputing neighbours planning permit 13Mar 12, 2010 8:52 am kek I'm a bit confused - why do they need a planning permit? Is the land zoned other than residential, being subdivided, or is there something else unusual? Normally, a building permit is all that's required if the property is in an existing subdivision, zoned residential....unless the house being built is something out of the ordinary. The developer will have done all the planning permit work already. If someone builds a double storey house on the vacant block behind us, we won't be notified at all - planning approval already exists for the whole subdivision. In fact, I wish they'd hurry up and build so we can get the inconvenience of construction noise and mess out of the way. Is it perhaps an older area with only single storey homes? Just curious... We are building in s new subdivision. Everyone has to get a planning permit in our area. So when we first applied for our planning permit everyone around us would have been notified as well. We had to get a planning permt, landscape design and a building permit. Re: Disputing neighbours planning permit 14Mar 12, 2010 8:55 am JJ305 We are building in s new subdivision. Everyone has to get a planning permit in our area. So when we first applied for our planning permit everyone around us would have been notified as well. We had to get a planning permt, landscape design and a building permit. How bizarre. Re: Disputing neighbours planning permit 15Mar 12, 2010 9:12 am kek JJ305 We are building in s new subdivision. Everyone has to get a planning permit in our area. So when we first applied for our planning permit everyone around us would have been notified as well. We had to get a planning permit, landscape design and a building permit. How bizarre. Indeed ... as part of the subdivision process the land should have been rezoned if required. In Victoria you will be covered by ResCode requirements that they will have to meet in the design of their house. We are building a 2 storey at the moment in a completely developed area and all top-storey windows had to be changed from the original design, with only the top 20% or so of the window allowed to be clear (the opening part) as they had to be changed to awning windows - the rest is opaque. The one that gets me is our stairwell window, which is about 3000mm high and runs right up to the roof but did not need to be opaque Built a Tribeca 44 with the Big M Sales Accept 15/06/09, Contract Signed 24/09/09, Site Start 23/11/09, Slab 11/12/09, Frame 12/01/10, Roof 20/01/10, Lock-up 30/03/10, Fixing 30/04/10, Handover 27/08/10. Re: Disputing neighbours planning permit 16Mar 12, 2010 10:06 am Many areas in Victoria require planning permits as well as building permits depending on the zoning of the land. In Nillumbik, we are building in a residential area that is designated as a SLO (significant landscape overlay) so a planning permit is required and strict conditions met to ensure the house is in "harmony" with the environment. So for us the original subdivision was subject to a planning permit, and then each new construction as well. Re: Disputing neighbours planning permit 18Mar 12, 2010 11:05 am JJ305 We are zoned as Residential Zone 1 (RIZ) It also says it has no planning overlay.... what does this mean?? is it a new estate.. ie. like are you in mooroolbark in one of the estates there or lilydale in the gateway, etc.. or is it an exisiting residential area? Re: Disputing neighbours planning permit 19Mar 12, 2010 11:20 am wakeboardandy JJ305 We are zoned as Residential Zone 1 (RIZ) It also says it has no planning overlay.... what does this mean?? is it a new estate.. ie. like are you in mooroolbark in one of the estates there or lilydale in the gateway, etc.. or is it an exisiting residential area? Its a new estate. Re: Disputing neighbours planning permit 20Mar 12, 2010 11:24 am JJ305 Its a new estate. that is very strange then.. must be different depending on the council.. Give Jonathan a call. Tell him you know me. He is in my opinion the best surveyor I have ever worked with. His number is 0425 285 622 All the best Simeon 3 9186 I am not based in Victoria however i had a quick look into your question to understand what you were asking. The way I read the regulations, overshadowing relates to the… 1 1223 it depends on the natural ground level, if they excavated their boundary wall needed to be built as a retaining wall. If you filled, which sounds like the case then you… 1 5066 |