All Topics / Help Needed! / I hate the council process!

Viewing 7 posts - 1 through 7 (of 7 total)
  • Profile photo of Property PassionProperty Passion
    Member
    @property-passion
    Join Date: 2005
    Post Count: 172

    hey all

    i am currently at council with a building proposal as im wanting to build a unit behind my place of residence. It is approching 10 months and still i haven’t gotten the stamp of approval. I am disgusted with the wway they have gone about this whole process and they always seem to be passing the ball and there is nobody there that wants to take responsobilty. I have been in contact with them several times over the duration of this process.

    My question to you lot…. Is there anythin i can do?!?!
    my architect seems to be of the opinion that we shouldnt unsettle the waters as they could start splitting hairs and not give us the stamp. He also said that he has had approvals as quickly as 4 months previously.

    Untill now thats what i have been doing, any other advice or legal action i could take ?

    “It’s not how much money you make, It’s how you spend it that matters.”

    Aspiring property developer

    Giulio Taranto

    Profile photo of PeteJackiePeteJackie
    Participant
    @petejackie
    Join Date: 2003
    Post Count: 121

    Hi Giulio,

    I totally sympathise with what you are going through with the council.

    I have had similar experiences on quite a few occasions. As frustrating as it might be, as far as I know,I don’t think there is anyone you can take your case to as the council seem to be a law unto themsleves.
    As hard as it might be, try to keep in good with them as you don’t want them as enemies.

    Regards,
    Pete

    Profile photo of Property PassionProperty Passion
    Member
    @property-passion
    Join Date: 2005
    Post Count: 172

    Thanks for your reply pete, i have been told that i can go to the land and enviornment court but i dont think i want to go down that path, i think what im going to do is just ride out the storm.

    I tell you what, its a disgrace the way they can do this to people. it has been a huge eye opener for my wife and I .

    “It’s not how much money you make, It’s how you spend it that matters.”

    Aspiring property developer

    Giulio Taranto

    Profile photo of kmiddletkmiddlet
    Member
    @kmiddlet
    Join Date: 2005
    Post Count: 22

    Where are you located? Some states have bodies you can appeal to. EG: in Victoria if the council drags the chain you have the right to go to VCAT.

    Having said that, I usually find working with the council is your best bet. Book a meeting between you, your architect, and the council. Set the agenda as finding out what their issues are that are delaying approval. Don’t go there to argue with them, just go to listen. You may be surprised that it is very minor things that are holding you up. My experience dealing with councils has found that is usually the problem.

    Good luck.

    Profile photo of nordicskiernordicskier
    Member
    @nordicskier
    Join Date: 2004
    Post Count: 85

    As a Council planning officer I can empathise with the long delay. There can be many reasons for the delay. Is the design fully compliant with Council’s Planning rules. My advice to developers and designers is make it comply and we’ll approve. (Usually within 3-4 weeks)
    The land may be close to a creek or river or classified road thus requiring approval from other authories. Can’t blame the Council for that.

    The first question to the assessment officer is “what is the hold up and what can I do to assist?”
    Perhaps you should have used a planning consultant as well as the architect. Consultants generally know the planning officers better than architects. They re usually able to talk ‘planning speak’ to the assessing officers and work out an acceptable outcome.

    All being said, I believe 10 months is absolutely rediculous and worthy of contating all your Councillors, but make sure you have all your facts, not feelings, straight and clear.
    Some developers call the Manager of Planning directly, and keep calling until they achieve a meeting to discuss the problem.

    Other problems may involve lack of resources to the planning dept due to the increasing complexity of legislation caused by the general public wanting more and more rules along with pressure from senior management to keep on lower costs and making Council staff numbers leaner, particularly in the non-vote winning areas such as planning, building and engineering.

    Good luck and seek an immediate meeting to discuss any issues with the object of keeping to discuss the problems until they are solved. Start the meeting by asking to hear Council’s concenrs, then repeat those concenrs back to the Council officers so that they feel you understand their concerns. You may find some common ground that you had not considered before.

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

    Hi Giulio,

    The answer to your problem is pretty simple, don’t deal with the council yourself and don’t expect preofessional advice from an architect when it comes to town planning (some are very knowledgable in this area but most arne’t), get a town planning consultant.

    Regards
    Alistair

    Profile photo of nurvnurv
    Member
    @nurv
    Join Date: 2006
    Post Count: 6

    Hi Giulio

    Nordicskier and Alistair are both right in what they are saying with processes and so forth. I’m not sure what State you are in but in QLD there are quite a few concurrent agencies that you have to deal with depending on where your land is situated, such as NRM, EPA, Main Roads, GBRMPA etc. Each of these agencies has a certain time frame to respond to your request as well and an extension period which most of them use. 10 months though is quite a long time not to know anything especially on something as straight forward as adding a unit(depending on if your current zoning allows it) As Nordicskier said try to organise a meeting with one of the Council Officers(Planners)and find out exactly where your application is at. If you haven’t even gone to the Public notification stage yet then you are still in for quite a few months until a final decision. Once you advertise Public notification depending if any concurrent agencies are involved you will need to have your signs up from 15 business to 28 business. Then the Council has another 20 days to peruse all the objections and if needed extend for another 20 days and then get back to you usually with another information request asking you to answer the objections if any. The application will then go back to the Council Officers who will either reccommend it for approval or refusal. They however don’t have the final say, and then depending on how back logged they are with other applications you may have to wait for another couple of months before having a chance to be voted on in Council. (It is never a good idea to put Council off side until after this stage) Then you will get your decision, hopefully it is for approval, if not then you have a chance to appeal through the Land and Environment Court, which unless your project is worth quite a bit to you, you might be better off to forget about it as it can cost quite a few dollars to fight with specialised Lawyers.

    Also to quote Alistair “don’t expect professional advice from an architect when it comes to town planning (some are very knowledgable in this area but most aren’t), get a town planning consultant.”

    Hopefully this will be of some assistance to you.

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