I used to own a beach side house on just under an acre of land and went on to subdivide into two lots with the long term intention of selling the lot without the house. With that intention in mind I placed a building envelope on Lot 2 to protect the views from house on Lot 1. Things changed and I sold Lot 1 and stupidly did not amend sealed plan before selling! The new owners last year put in an DA for four town houses and we didnt recieve application as the council had sent it to an old address of ours, that they acknowledged was flagged as they had had returned mail from there. Our fault also as we hadnt changed address. We thought we could use this as leverage to achieve permission to change plan from neighbours, as we wanted to be able to build two houses on land, so council gave us two days to object, then changed their minds. We have had
ongoing discussions with neighbours and have said we will build the second dwelling in whatever positon and style they are happy with and they are not agreeable. Do I have any options left to me, as I would like to have the same financial gains as my neighbours have had. Do I have any legal options left to me or is is totally up to a neighbour to say yes or no?rip
Rip,
I can help you on this if it is in Victoria, but I am not completely sure what you are asking. If it is, can you build townhouses without your neighbours permission, the answer is yes, as long as the proposed development complies with the local planning laws.
Regards
AlistairDearAlistair, What I have at present is a block of land with a building envelope on it allowing me to build on the top end of the block. What I want to do is amend the sealed plan, so I have a larger area to build in, the present area will only allow one house. The block of land is 1600 SQM and it would easily allow two separate houses. The neighbours are not being receptive to agreeing to amend plan to allow me to have more freedom with positoning of houses. The local surveyor has told me if the neighbours wont agree to change of plan – I have hit a brick wall??
rip
Rip,
Which municipality are you in and what is the zoning.
Regards
AlistairDear Alistair,
It is Breakaday Municipality on the east coast of Tassie and it is residential. The neighbours have been able to build four dwellings which I assume they will strata at a alter date.rip
Hi Rip,
I’m reluctant to offer advice on this as its not in Victoria. You should get yourself a town planning consultant based in Tassie and take them through it.
I will say though, that the only situation I have come accross where a neighbor could flat out stop a development (rather than just object) is where there is a restrictive covenant on the title and the neighbour is the beneficiary.
From what you have told me you should be able to move the house and probably subdivide, but again you really need someone who is up to speed with Tassie planning legislation.
Sorry i can’t be of more help.
Alistair
Dear Alistair,
Thank you for your help. I do understand the neighbours can object to a BA but can they truly stop me amending my sealed plan ie the building covenant I placed on there years ago? The original house was on the lot I sold, and has since been demolished and new dwellings built. My Lot is land only with a stupid covenant on it – my doing!!rip
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