澳洲Australia property Dispensation Rejection - What happens nex


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Hi Guys,

Was told from a Builder who I'm getting quotes from that I need to get dispensation letters from my neighbour as he thinks my garage might be just over the 3m allowable once completed.

I had no idea about this because I'm got full town planning approval and at no stage has the Council mentioned anything about this. During the town planning process I had one neighbour object but Council backed the project and it never went any further (ie VCAT).

The question I have is, what happens if for example the same neighbour objects just to be a pain in the backside, what happens from there?  

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You have council approval. Give the builder the flick.  

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He was saying something about it has nothing to do with council, it's part of the building regulations that they need this or something like that.

You reckon he's wrong and that if Council has approved everything without asking for them, then it should be fine?  

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littletee said: ↑
He was saying something about it has nothing to do with council, it's part of the building regulations that they need this or something like that.

You reckon he's wrong and that if Council has approved everything without asking for them, then it should be fine?Click to expand...
If there was a problem with boundaries etc Council should have picked up on it during town planning because you would have shown them the plans with the land survey as well. If they haven't raised it then it's not an issue.  

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Ok thanks guys, no they haven't raised it at all previously and all town planning is approved etc.

However, is it likely to rear it's ugly head when we go to get the "Building Permit" or would this only be done for "Town Planning Approval" so I should be all good now?  

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Building permit deals with different issues. It is related to the structural elements of the construction, making sure it complies with the Building Code of Australia etc.  

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Cool thanks gents, you've calmed my fears down a hell of a lot :)  

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If you make sure you have a planning permit, AND a building permit, before you start to build, you will be fine.

:)  

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Thanks, got the Planning Permit and we're going for the Building Permit soon.

Cheers  

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Littletee, I take it you are building with the garage wall right on the boundary (as opposed to 150mm off)? From memory if you're 150mm off the boundary then you don't need to seek dispensation. The person who will pick up on it is the building surveyor who will issue the building permit; I suggest you give one a call and seek clarification.

Now, assuming you are building right on the boundary and you don't want to go down the dispensation route, then you can lower the floor level so the height of the wall on the boundary is reduced. Depending on the structure you may be able to drop just the garage by increasing the stepdown between the house and garage floor levels; otherwise you may have to lower the house floor level as well (retaining the same stepdown). Your building designer will be able to advise you on this.  

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Hi CDD,

Correct but to tell you the truth I'm not sure if it's within 150mm out of the boundary or not.

I guess time will tell when we go to get the building permit soon :)

Cheers  

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