The Local Shire’s and Council’s Building Department staff are usually really helpful and assist all they can. The approval process is straightforward if aligned with the R Codes and the Shire’s / Council’s Gazetted Policy. Sometimes there are concessions needed as a result of the particular needs of the proposed structure such as existing site conditions. After the wars, blocks were subdivided and houses built before some of the regulations came to be so there were anomalies. This is when the Shire’s Building Department staff must make a decision but this can lead to responsibility which is often avoided leading to meetings and deferments and sometimes the necessary appeals nonsense.
You may have had months of discussions but a decision has not been forthcoming, just delay after delay. Often delays have been blamed on incomplete information being provided at the application stage, but for something like a carport (taking years) how much information does it take. Back in the day when the regulations were compiled not everyone had a car.
Mr. G Morton (as Agent) appeared for the appellant
Ms F lefante (as Agent) appeared for the respondent
This is an appeal against the refusal of the City of Bayswater (“the respondent”) to grant planning approval for additions and alterations to the existing residence at Lot 2 (No 42) Grosvenor Road, Bayswater.
If the application has been going on long enough or if it has become urgent like a nursery for a baby on the way it is essential to get a refusal prior to appeal.
The Tribunal Case
No evidence was produced by the respondent to demonstrate how the proposal would impact negatively on the owner of the adjoining property other than to reiterate the concerns raised by that person.
The appellant on the other hand produced a series of photographs (refer to Exhibit 3) to dispel the claims of the respondent and identified a number of inconsistencies in the documentation presented to the respondent.
The SAT process is straightforward and is relatively swift for a Government Dept and relatively inexpensive compared with the delays and inaction. Often the Shires prefer a third party to make the decision for them and take the subsequent responsibility, after all the rates paid don’t cover this and requires tax payer’s money.
A word of warning!
The SAT occasionally recommends a mediation prior to the hearing. Of the the Google reviews on the SAT and cases I know of, where the appelant has declined mediation, the matter has been heard and was a success. Of the cases where mediation was agreed the appelant was bullied with threats of massive fines and court costs if they didn’t settle. The Google reviews on the SAT reflect this.
The arguments presented by the appellant clearly demonstrated that the proposed parapet wall would have minimal affect on the adjoining property in terms of overshadowing. This view was accepted by both witnesses for the respondent and is held by the Tribunal.
For the forgoing reasons, the appeal is upheld.
We work anywhere, Hopetoun to Hedland and beyond. Perth can be the most pedantic though, large councils justifying their existance. Rate payers money vs tax payers money so if you live in the suburb you pay twice, that’s nice.