Hi Guys
After a bit of guidance please . We have a DA in with the Sutherland Shire council to construct another detached dwelling on our land then subdivision. When we were looking at doing this DA we spoke to the town planner with reguards to the setback not complying . She had said the non compliance could be looked at depending on streetscape ETC. We went ahead with the DA know that several house in our lane do not comply. We had one neighbour at the rear of the proposed building who has made a lot of complaints about the proposal. We now have the letter back from the council which has basically pick our DA proposal to bits. The main issues are : Set back We asked for a 4.5 mtr should be 7.5
Bulk they are saying the doulbe storey is too large for the block ,with the second storey going past the front 50% of the block .
Theres several other issues their but they are more easily fixed.
We have limited options they are;
*Send a reply letter and get knocked back
*Redesign the house
I,m told if we get knocked back we can appeal to the Land and Enviroment Court . Any had any luck with this process and whats a ball park figure on cost?
We have asked for a couple of time extensions to allow for a redesign but they gave us only a couple weeks from the date of the letter and then only a couple more weeks after complaining (4 weeks extension in total).
I was looking at redesigning our propasal to a smaller design with a better setback but I have been told by the builder that we can not make the cutoff time . So it looks like we just have to reply to the letter and get knocked back losing all the money we have spent. Any advise would be appreciated.Hi Futurefunds
Do you have town planner working for you, or you lodged DA yourself? First thing I would do would be looking for independent town planning advice. Experienced town planner should know how to present/defend your case, if other houses in the neighborhood already do not comply. Maybe matter is not that simple, however, professional advice is needed. Land and environment court is expensive (sorry, dont know the figure), with no guarantees whatsoever for the outcome. I have recently seen person losing a battle with the council at the court, just because did not have competent advisers/representatives.
This is an issue I often see where the land owner does not fully understand the planning regulations and go to max out the site only to be disappointed later. Its best to take good advice upfront and not rely on the things like I see others have done it etc etc. theit historu might be different
Now to your point- a 3m variation in front setback is a lot- unless your suveyor can demonstrate the majority of homes have less than the 7.5m set back on the street- at least 65% should be the same as what you submitted. Get a redesign done-it should take 10 days. Landand EC is expensive. You need a top barrister or lawyer and budget for $10K plus- with no guarantee of success. If I were you go for a guaranteed outcome- be kind to the planner and respectfully do as told after all the planner is taking orders from above and its those orders which set the LEP and DCP.#Planning Permit | AuArchitecture
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Thanks for all your advice guys. The DA was prepared by our builder who has had experience doing this sort of developement but not with this council. Spoke to the builder yesterday and he says that we will not have enough time to do a total redesign. I like the advice about getting an independent town planner but it may be too late. Apparently once it gets knocked back we can appeal with a section 82A to get it looked at again . I’m hoping we can offer a smaller scale redesign with a better setback and maybe get an independent town planner involved. Thanks Again
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