Hello All,
I would like some assistance with the following query.
We (partner and I) have just received approval for our planning permit. Part of the planning permit approval requires the construction and erection of a new fence (timber pailing) along all borders excluding the roadside (front) border.
The planning permit does not stipulate that the cost of the new fence is to be incurred by us (although we assume that if we do nothing we will indeed foot the entire bill!).
My question relates to the fencing act 1968 which clearly states that the cost of the fence is to be split between both parties. Now, if we follow the correct procedure are we entitled to proceed to persue half the cost of the fence from each respective neighbour?
Please note that the planning premit requires this fence to be built but does not stipulate who is liable.
Any thoughts/advice is appreciated.
P
Paligap
You will find that the neighbours are unlikely to pay.
It is implied in the permit that you – the developer – will do all the work required in the permit conditions including the the fence at your cost.
Michael Yardney
METROPOLE PROPERTIES
Author of Australia’s leading property e-magazine.
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FREE subscription http://www.PropertyUpdate.com.auThanks Michael,
Although the neighbours will not likely contribute to the cost of the fence, would we have a case at the Magistrates Court as this is where any un-resolved fencing matters will ultimatelly end up under the Fencing Act 1968.
What is your advice on this matter, should be just absorb the costs and move on with the development?
Cheers
PYou are talking about a few hundred dollars.
If that is going to be break the development don’t proceed.If its not, why even consider the magistrate’s court .
Think of the big picture and what your time is worth and the negative emotions involved with having a dispute with your neighbour.
Pay for the fence. Complete your project. Make lots of money and enjoy your life,
You don’t need that type of hassle
Michael Yardney
METROPOLE PROPERTIES
Author of Australia’s leading property e-magazine.
Join over 15,000 readers each month.
FREE subscription http://www.PropertyUpdate.com.auHello Paligap
Michael is 100% right. I wouldn’t even think about going to court over this.
Having said that :
I assume there are no existing fences which are falling down? If there are then I think that the neighbours need to foot half the bill of repair / replacement..
If there are’nt, why don’t you just drop into your neighbours to say a friendly hello and at the same mention that it would be nice if you both kept your privacy and that you would like to build a fence and what do they think. etc. etc. They may want their privacy and be willing to pay for half. I don’t imagine they have been to the council to examine your building permit. What have you got to lose?
This approach will work better if what your building is your own home… but still. You’ll never know if you don’t try.
Good luck
ElkaThanks for the responses everyone.
I suppose I should make it clear that I have a few “emotional” hang-ups with this situation as two of our neighbours have really abused the approval system to a) draw out the whole process at our expense and b) persist with items for the benefit of their own properties and to the “possible” detriment of ours.
Our approval process has been a long drawn out experience and having two neighbours constantly claiming to take us to VCAT unless all of their demands are met has left me with a bitter taste.
They certainly have done nothing for neighbour relations. Anyhow, this is another matter but it illustrates why I am asking these questions regarding the fence.
At this stage the fencing job will be around 10K for the whole property however the existing fence is no run down, it’s purely a requirement from council to erect a new fence.
I do understand that going to court over this matter is a waste of our time as by that stage we will hopefully move onto the next project.
In my opinion (and I’m a lawyer), going to court in most small claim cases is to be avoided wherever possible – just not worth the time, cost or stress.
If you’re not on speaking terms with the neigbours then I expect they’re unlikely to agree to pay anything, especially as the existing fence is not in a state of disrepair. But if you are on speaking terms then it can’t hurt to ask – even for a small contribution as you could argue that they too will benefit from a nice new fence.
Good luck!
Hello
This is a bit off topic for this thread, but can anyone explain why a council would demand a new fence as part of the planning permit if the current fence is in good condition? Seems somewhat nonsensical.
Did you try to argue this point with them Paligap ?
Just curious [eh]
ElkaHousemender, I tend to agree with you that taking the matter to a small claims court will provide us with stress we could easily do without.
We are on speaking terms with our neighbours and we understand the long-term benefit of good neighbour relations, their actions however have not helped the cause at all.
After having a bit of a read through these forums on the topic of “objections” I can see clearly that we have gotten off very easily.
We will just put the fence issue down as a “cost” of doing our development and will focus on moving forward.
Elka, erecting a new fence is a standard clause for any new developments for this particular council.
In our case, although the existing fence is in good condition, our development has introduced some “privacy” issues which the new fence will address, i.e. higher fence, lattice work etc.
The upside is that the new fence will be a great addition to the development and will certainly improve it’s appeal.
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