All Topics / Value Adding / HAD ENOUGH OF DAP!!!

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  • Profile photo of XeniaXenia
    Member
    @xenia
    Join Date: 2002
    Post Count: 1,231

    We just have a development application that coumplies with council regulations in terms of POS and other specifics that they impose. It is also recomened by the council planner and by a town planner.
    At a development assessment pannel last night, the application was refused! [blink]
    There was NO GROUNDS for the refusal, it was based on what they felt like, emotion took over logic at this meeting, I have never experienced this before, but it was like a bunch of idiots with no guidelines and no rules, but alot of descision making power.

    One of the planners mentioned that there was not enough on-site parking for visitors on site and if someone has a birthday party the street would be banked up with cars. (there are 4 visitor parks and 4 resident parks on site for 3 dwellings)
    Has anyone seen a development that can accomodate ALL their visitors? Our visitors can never park in our driveway as our cars are always parked there.
    AND there are no council regulations that say that you have to accomidate 40 visitors!!!!

    They did not want 3 dwellings on the block even though the area is zoned for medium density development and the plans comply with the zoning policies. [grrr]

    We are definately appealing their pathetic and injust descision.

    Anyone had any similar experiences with council?
    Can anyone recomend a solicitor in SA that they have used?

    We buy properties in Adelaide. No Agent Fees.
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    Profile photo of grossrealisationgrossrealisation
    Member
    @grossrealisation
    Join Date: 2005
    Post Count: 1,031

    hi Dr.X
    ha ha welcombe to my world.
    yes I have this not once but every time.
    there are two types of rules.
    1. council rules
    2.alderman/women rules and they are not the same.

    first you must meet council requirements and then have a chat with the alderman over coffee all 13 of them 9 my coffee bill last week was over $120.00 (try and make it the same place and you get a discount).
    then and only then do you know if your application will go thru.
    when I do a raw site I get the drawer to give me two quotes one which will go thru but me drinking lots of coffee and second thats to council requirements and will go to land and enviroment court.
    some of the developers here in sydney don’t even send it to council and go straight to the land and enviroment court as its cheaper.
    example
    a 102 unit development site sold by the council with an agreement that if all the requirements were met da would be approved
    2 years later after 4 different designs and the council knock the development group down to 65 units ( and they got paid on 102) the group jv with a builder developer he took it straight to the land and enviroment on the 102 units
    won and are now all occupied.
    its just a case of know what your doing and yes I meet this everyday, know your market.

    here to help
    If you want to get involved in some of the projects I’m involved in email to [email protected]

    Profile photo of Alistair PerryAlistair Perry
    Participant
    @aperry
    Join Date: 2004
    Post Count: 891

    Dr X,

    Unfortunately this is a common occurance. You have been bitten on the bum by local government poitics. Having received support from the council officers, you have a very strong chance of wining at appeal. I should be able to get a recommendation for a good solicitor for you, I’ll try and get back to you tomorrow with some names.

    Regards
    Alistair Perry

    Profile photo of XeniaXenia
    Member
    @xenia
    Join Date: 2002
    Post Count: 1,231

    Gross, thanks for the input, I will make some enquiries about going straight to the environment court next time.
    We are going to schedule an abitration meeting wth the council at the envir court this time.

    Thanks Alistaire, we have some names, but the more solicitors we talk with, the better!

    Yep, guess, I’m now in the development club [comp]

    We buy properties in Adelaide. No Agent Fees.
    [email protected]
    INCREASE THE CASH FLOW FROM YOUR INVESTMENT PROPERTIES!
    http://www.renttoownau.com/ http://www.vendorfinanceau.com/

    Profile photo of Alistair PerryAlistair Perry
    Participant
    @aperry
    Join Date: 2004
    Post Count: 891

    Hi Dr X,

    I’m sorry the only town planning solicitor we have dealt with in SA has apparently since died. You should speak to John Stimson at Connor Holmes Consulting, he’s a top class town planning consultant his phone number is 8232 9088.

    Gross, can you go direct to appeal in NSW, this is not possible in Victoria although often developers push to get a refusal a quickly as possible at council level so they can get to VCAT more quickly.

    Regards
    Alistair Perry

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