House plans knocked back at council

powinc · May 27, 2011 10:54 pm

My house has been knocked back by council. They said that the eave overhang the easement and there is no provision in my Section 173 to allow this. The North eave is critical to prevent the summer sun entering the house.

I spoke to the council and he blamed the developer for not putting in the provision to allow the overhang of easements.

I spoke to the developer and he said the council wrote up the Section 173.

I still need to speak to my lawyer to try and find a loophole in my Section 173 to allow the eaves

Option 1. Change the drawings and remove the eave and bolt it back on when the council isn't looking.
Option 2. Narrow the whole house by 750mm

Any other options out there??

Eskay40 · May 27, 2011 11:59 pm

Hi powinc. the problem is the eaves are part of the house and they don't want the house/roof to overhang. Could you build it without the eaves and then use a different form of shade, like sails or something like that?

SK

bashworth · May 28, 2011 7:52 am

A pergola is a good solution. Thats what I have on my house.

Helyn · May 28, 2011 9:56 am

But highly unlikely the council will approve a pergola to go where the eaves were not allowed to go

bashworth · May 28, 2011 2:37 pm

Helyn

But highly unlikely the council will approve a pergola to go where the eaves were not allowed to go

Our council doesn't need planning permission for a pergola

Helyn · May 28, 2011 4:34 pm

Really?
Ours sure does.
But yes, if your council doesnt need a planning permit for a pergola, you could get around it this way.

powinc · May 28, 2011 6:18 pm

Thanks guys, but I don't really need a pagola.

The easement on the north side os the block, means our building enevolp is only 12 metres wide x 26 metres long. With the council ruling, it means it can only be 11.25 wide, if we want to keep the eaves.

Option 3. Could be to 'bolt on' attractive shade battens afterwards running the 22 metres that we need shade for??

david242gt · May 29, 2011 1:12 am

powinc

Thanks guys, but I don't really need a pagola.
Option 3. Could be to 'bolt on' attractive shade battens afterwards running the 22 metres that we need shade for??

I think option 3 could be considered a pergola to most.

powinc · May 29, 2011 4:39 pm

Just met with our builder and he suggested trimming the eaves to 450mm and reducing the internal north wall by 300mm. My wife doesn't seem to mind too much, so I think we'll go with that option and get the drawings alternated. Then re-submit them for approval.