Boundary Set Backs and Underpinning when too close

Following from the recent notice to a neighbor of works protruding into his property “Underpinning”

Here are the ResCode guide, and the boundary in question, as well as the council’s response to our three questions – which itself will have to be clarified…

1. Does a developer have any right to insist access a neighbour’s property during building works?

2. If the Neighbour wants some advice to explain the documents, can the Council help explain, and if so who?

3. Is the council party to these documents? Continue reading Boundary Set Backs and Underpinning when too close →

Building works dig into neighbors property

What would you do if the builder from next door,  gave you a bunch of technical drawings and asked you to sign approval for underpinning works to be done under YOUR driveway and well within in your property boundary?

That’s what happened here in Curlew court last week. Neighbor to the development  said “I was told that the drawings they sent to me indicated that they will be inserting several concrete ‘pilings’ underneath the driveway on my side of the property. “

He was given 14 days to sign and accept the document, or give a valid technical? reason why he would not allow it.

The developer was asked to explain the drawings as they were not clear, and not something a normal lay person would be familiar with.

We have also asked the council if they are aware of it, and who can help them understand both the impact of the request, and the legal requirement to allow or otherwise.

The cause of this situation is the appartment block being built, is so close to the boundary, that the adjoining property cannot be protected from within the building site. And there is a two level underground car park to build.

Continue reading Building works dig into neighbors property →

Knock down and excavations have begun in Thiele and Curlew

Both 5-7 Curlew Court, and 2-6 Thiele St Doncaster develpoments have begun!

No5 Curlew’s old house is gone, 7 is still there with moving trucks there this weekend.

2-6 Thiele st were cleared of the old houses over the last few weeks, and now development ( excavation,)  for the 50 apartments cars is underway.

The same company is doing both developments, it will be interesting to see if they build all at once to improve efficiencies, or one site at  a time…

Building all at once would have the issue of releasing 80 ( 50+30) appartments in one location at once and competing with yourself for sales…

Tomorrow wil be a big test, school is back, and with it school traffic competing with the frequent flow of excavation trucks in the Thiele side street….


MSS and DDO8 – Small sites, restricted developments.

Some large developments are getting knocked back by council lately, it seems due to the DD08 zone, C96 Tightening of requirements. Thankyou to Amelia for sharing this.

19 August 2013 3:29:22 PM
Teresa, Joe and Councillors,
Can it be assumed that the grounds for refusal in items 1 and 2 of the attached page, 2 storeys only on lots less than 1800sqm in sub-precinct A, in accordance with clause 21.05 of the MSS, will be consistently applied in similar circumstances henceforth?  Continue reading MSS and DDO8 – Small sites, restricted developments. →

Could apartments be built on a Res3 zoned property?

In Manningham Council much of the residential areas ( away from activity centres,) is zoned “Residential 3” often referred to as Res3.

There recently was a site up for sale and the locals were concerned that a developer might buy it for apartments, fortunately the answer from Manningham planning was that apartments would not be allowed.

Two storey townhouses would be possible, but not Apartments. Follow this link find out more about Zoning in Manningham. Continue reading Could apartments be built on a Res3 zoned property? →

Height, Storeys and setbacks across different Councils.

Manningham Council have repeatedly told the community during the DD08 high density zone review, that only height can be effectively used to define developments, and that “Storeys” was un-manageable as a definition.

How ever when you compare how othe Melbourne Councils manage their developments, they do use both Height and Storeys in thier definitions.  attached are a couple of samples.

Kingston, Boroondara Councils express maximum heights in conjunction with the maximum storeys in their schedules. (e.g. 2 storeys and 8 metres) Continue reading Height, Storeys and setbacks across different Councils. →

It’s not just suburbs with an Apartment Frenzy

This article in the Age shows how rapid development i any location can affect an area in many ways.

City apartment ‘frenzy’

A ”FRENZY” of apartment towers granted planning permission in one corner of Melbourne’s CBD could squeeze thousands of new residents into four city blocks and change the character of the city.

The proposed concentration of developments – many of which include tiny one-bedroom apartments – could see Melbourne follow the lead of Asian cities such as Hong Kong for extreme density, according to a prominent planning academic.

Associate professor in environment and planning at RMIT, Michael Buxton, said: ”It’s changing the character of the CBD that people love irrevocably and it’s wrecking historic value.” And property experts fear a glut of apartments could affect property values and rents.

Records from the Department of Planning show 7800 new apartments are proposed for a pocket to the city’s west, bounded by La Trobe, William, Bourke and Spencer streets. The area is a microcosm of a citywide trend that began when the residential property market rebounded in 2010, on the back of strong population growth and government stimulus. Continue reading It’s not just suburbs with an Apartment Frenzy →

How could the new C96 High density rules translate to real life ?

The Planning Panel said the council should test the new  rules to see what outcomes might be…
There are already examples from recent times…
Some possible outcomes of the C96 changes if they get passed :
The 51-53 Talford St case is a good example of how the new DDO8 will be interpreted & used .  There were 2 key issues in Talford St Continue reading How could the new C96 High density rules translate to real life ? →

Market Risk – Off The Plan

There are Significant Risk factors,  especially in a falling market or during a glut of unsold apartments in outer suburbia…

Market Risk – Let’s assume you paid the right amount to begin with and, when the property is complete, the market has dropped 15 per cent. The bank will only lend on the property’s value upon completion, not the sale or contract amount and you, the purchaser, are obligated to pay the difference. Let’s assume you sign a contract to Continue reading Market Risk – Off The Plan →

Are apartments going ahead in DD08 Zone?

With all the Manningham councils push for apartments in these DD08 high density zones, are they actually getting built?

A check of Building Permits issued in 2012 for 10 or more units for properties within precincts A & B of DD08 was recently conducted, there were four. We were unable to ascertain how many were built or in progress from the councils records.

Four (4) properties were issued with building permits in 2012, that were within this criteria. Continue reading Are apartments going ahead in DD08 Zone? →