Brisbane - Neighbour's estate is opposing my shed DA.

mardi 25 novembre 2014

My neigbour passed away last year, not long after we bought this house. She was a lovely lady, helped out a lot with info aobut the house (she build the house we live in) and here only condition to us about fences and boundaries was that we dont block her off completley so that she cant talk to us!! We were good with that, because she was such a lovely person. Both my wife and I were sad to hear of her passing.



Move foward 12 months, we have all but finished the reno on the house so its time to start the yard. Of course shed is number one priority. Prior to June this year we had no chance due to Brisbane City Council planning laws regarding small lots. We have 2 street access on about 500sq meters but our frontage on both streets is only 10m. Fortunatly the new state government realised this was a rubbish and because we have over 450sq meters we are no longer a small lot. So I took advantage of this to build a shed.



As part of the shed approval process, we applied for a relaxation to move the shed within 1.5m of the rear boundary, and 0.2m of the side boundary. This requires us to alert the neighbours about our intentions and BCC requests they fill in a form (Concurrence Agency Application Part 2 Neighbour’s Statement form) stating they have seen the plans and asks them to list any objections. The form is not asking for consent to build, its merely just part of the BCC process letting them know our plans.



So I finally get a contact number for the exector of the estate. He tells me on the phone that he is opposed to it as they want to develop the block to maximise their profit, and that if we build a shed along the boundary it will hamper their efforts to build a house on the back of the block (I have 2 lots front to back, they have 4 lots). So now they are refusing (via their town planner) to fill in the neighbourhood statement and are sending a letter to BCC opposing our shed development. I may have made a mistake today on the phone, suggesting that for them to develop the block they have to go through the same process as me. I never said I would oppose them but the town planner got his nose out of joint immediatly.



Anyway, just wondering if anyone else has experienced this and what you did. I will give it till the end of this week then I am going to contact my lawyer for further advice. I really dont want this to turn into a court battle because I know the estate has a lot more disposable income than I do. I do have one thing up my sleeve, and that is the neighbour on my other side will support me, and the people on the other side of the estate will oppose any development regardless of my input.



I am so frustrated at the moment.




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