All Topics / General Property / What to do when council planners dont agree??
Has anyone been in a situation where you have been "advised" by one council planner to do something……….so you go off and do it……..(spending time and money to do so), then come back to confirm if it's now ok……….and get seen by ANOTHER planner……..how disagrees / wants other changes / doesn't seem to REALLY understand what the appicable regulations are (and you can't come to an agreement on interpretation, even if it's in balck and white in the regs!)???
I have now encountered this a few times and at different councils. I guess it's "only human nature" that we all dont think/ interpret alike, but it can be very frustrating and costly/ time consuming.
They also dont like to put their names to things in writing, and I've even had it come to the point where 3 planners together couldnt agree (on set backs) so they said I, yes ME, had to decide, then lodge the application and they would decide if it was suitable!! I said "What the ???" If they cant show me the regs NOW in writing, how the hell are they going to decide after I've spent thousands on a plan that MAY be correct????
Anyway, that's just an example. SO………..my qu is this:
What system/strategy etc have others used/put in place to safe guard against these situations that could potentially cause financially ruin?? And is there some way to force ONE council person (who ever it is: planner/engineer/etc) to make a decision, sign their name to that decision, and be accountable for it for the future??
1) Use experts that have contacts – eg town planners, architects etc – and get them to do it. They know who is going to be signing off on your plans and they make sure that they talk to the right person.
2) If you're doing it yourself, make sure that you take good notes. I put them in my computer eg "15 Aug 2007 – 3:15pm – rang and spoke to James Smith in town planning (ph 1234 4431), he assured me that a 1.2m setback is adequate." And say, as you're writing it down, "hang on, I'm just writing that down" so they know that you're going to hold them to it. Ask them to provide you with a reference, eg "Where can I find that written down?" If he refers you to a document, and you can track that down, seems like you're set. If he can't, then take a note saying "James said this is not written anywhere but assured me that other properties in the neighbourhood had recently been approved with 1.2m setbacks" or whatever. Ask for their job title, ask "will you be signing off on this?" and as many questions as you can to give them the idea that you want a definitive answer, you are taking notes, and you will bring it "home to roost" if it turns out to be bad advice.
Misty
This is the never ending struggle with dealing with public servants (I used to be one for 19 years). I agree with the concept of getting professionals to help (I know it costs money at the beginning but can save more of it in the end).
When looking for a good town planner see if they used to work for Council (as a lot of then did at one stage and if they are recent and "play" in that zone a lot they will be of great assistance.Apart from that in NSW there is a process of pre review, which costs a few $$ but can save you from getting very detailed plans. Some Council encourange this.
Finally, if you use the proper professional and they get it all wrong you can have a fight over their fees etc as the should be insured for negligent action.
Hope this helps
Great tips guys. Cheers.
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