Council Approval for Installation of a Split AC in 2nd Storey Unit

Lo555o on 09/09/2019 - 14:42

I want to install a split system AC in my unit located on the 2nd floor with the outdoor unit placed on the floor of the balcony facing a major road. The strata committee has already given permission for the installation. Checked with my Council and they replied as the outdoor unit would be more than 1.8m above ground level (existing), I need to lodge a DA to get the approval. My query that the council is not able to answer is does the 1.8m limit apply from the absolute ground level or the floor of the balcony?

Also has anyone been involved in getting such a DA approval and can guide me on the time and cost involved in pursuing this alternative?

Home & Garden

Comments

  • Typical16-bitEnjoyer on 09/09/2019 - 14:52

    1.8m above ground level

    does the 1.8m limit apply from the absolute ground level or the floor of the balcony?

  • HighAndDry on 09/09/2019 - 15:11

    My query that the council is not able to answer is does the 1.8m limit apply from the absolute ground level or the floor of the balcony?

    This is absolutely NOT advice that you should follow. Just an observation that council very rarely, if ever, patrols around looking for A/C units which somehow breach DA regs. Has strata said you must get Council DA before they'll let you install it?

    • qwerty on 09/09/2019 - 15:33
      +1

      Of course they dont go out patrolling but it just takes one neighbour complaining

    • o555o on 09/09/2019 - 16:18

      No. The strata committee does not have any restriction on getting the council approval.

  • Ugly on 09/09/2019 - 15:25
    -1

    If it's on the floor of the balcony, can it even be seen from outside?
    If not, why tell council about it? They won't even know it's there.

    Check your state laws (or Council) for "Exempt Development" or "Complying Development". There are a lot of installations that do NOT need Council approval.

    For example - see https://www.planning.act.gov.au/topics/design_build/da_asses…

    An external solar water heater, air conditioner, evaporative cooler and support structure doesn’t need development approval if:
    - no part of it is within 1.5m of a side boundary or rear boundary of the block and
    - if it is mounted on a roof, the distance from the top of the service to the closest point of the roof is not more than 1.5m and
    - if it is mounted on the ground, no part of the service is between a front boundary and a building line for the block

    • Ugly on 09/09/2019 - 15:34
      +3

      Addition - see https://www.penair.com.au/blog/air-conditioner-noise-regulat…

      The comment about the 1.8m is "Where the unit is wall mounted, it is not higher than 1.8m above ground level"

      You are floor mounting, not wall mounting, so the clause is not relevant

      • HighAndDry on 09/09/2019 - 15:46

        Good find. OP, this.

      • Typical16-bitEnjoyer on 09/09/2019 - 16:28

        Please don't give advice that you have no idea about.

        OP is in NSW. Not ACT.

        The relevant policy makes no reference to "wall" or "ground" mounting https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part2…
        Simply: not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road (which OP's unit would be)
        and
        be not higher than 1.8m above ground level (existing) (which OP's also would be)

        No such thing as "floor mounting". You completely made that up.

        Also OP's balcony doesn't appear to be exempt from DA approval either due to the height. Another can of worms if installed directly onto the balcony instead of the wall.

    • o555o on 09/09/2019 - 16:24

      Thats the main problem I guess. The balcony only have a small skirting rest is simply steel piping allowing the full view from the road.

  • brad1-8tsi on 09/09/2019 - 15:46

    You need to read YOUR council DA guidelines (they all vary slightly), especially the "exempt development" section.

    Rather than submit a DA, it might be easier to make a louvered box to camouflage the unit. Look for somebody throwing out some cedar venetian blinds. Make a frame and tack the individual slats on.

    What have your neighbours got and did they get a DA? I really doubt it.

    Top Tip: buy a decent unit like a Daikin as they are really quiet.

    • o555o on 09/09/2019 - 16:21

      There is no unit on the sides only unit below might be affected by the noise. I have checked with existing installations in the block, none have gone for council approval, maybe because they are not visible from outside.

      • brad1-8tsi on 10/09/2019 - 08:01

        Assuming you've read this:
        https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part2…

        But here is a simplified interpretation
        https://www.penair.com.au/blog/air-conditioner-noise-regulat…

        If you read the legislation subdivision 3, section 2.6, you have to string the various lines together with the "and/or" statement at the end of each line. The interpretation implies that the 1.8m rule only applies if the unit is wall mounted and yours is sitting on the deck.

        Unfortunately, the legislation doesn't include an obvious definition of "ground level" or appear take into account multi-story developments. It could be worthwhile contacting the Parliamentary Counsel and asking for a definition.

        If you build it and nobody complains there won't be a problem. Are any of your neigbours likely to complain?

        • Typical16-bitEnjoyer on 10/09/2019 - 16:15

          The interpretation implies that the 1.8m rule only applies if the unit is wall mounted and yours is sitting on the deck.

          How on earth did you come to that conclusion??

          It clearly, very very clearly states

          must:
          (a) not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road,
          AND
          (d) be not higher than 1.8m above ground level (existing)

          legislation doesn't include an obvious definition of "ground level"

          You didn't look very hard did you?
          https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/part3…

          Ground level is most certainly not from a balcony installed above the existing ground level lol.

          If you build it and nobody complains there won't be a problem.

          Lol.

          People always say this.

          Then something goes wrong, and it's discovered there's no approvals in place, suddenly insurance is void, fines incoming. You going to indemnify OP for the risks of avoiding compliance?

          • brad1-8tsi on 11/09/2019 - 07:33

            @Typical16-bitEnjoyer: Which insurance would that be? I live in an apartment and the building insurance is covered by the body corporate.

            A non-compliant placement of an Air Conditioner will not void insurance.

            And no, I didn't look very hard. I'm not the OPs paid researcher.

            • Typical16-bitEnjoyer on 11/09/2019 - 09:53

              @brad1-8tsi: Your owners corporation insurance covers the building only. It doesn't cover anything inside the apartment nor on the balcony.

              If something goes wrong and you have a non DA approved appliance, probably also installed in a non compliant matter, which will be prohibited by any relevant disclosures, do you think the owners corp insurance provider and your contents insurance provider is going to pay up?

              Even worse they may pay up to the owners corp and then sue you individually for the loss incurred.

              And no, I didn't look very hard. I'm not the OPs paid researcher.

              Then don't construe something as fact when you have no idea, no knowledge, nor conducted any research, about a topic.

  • Davo1111 on 09/09/2019 - 20:17
    +1

    i rely on ozbargain for all my building approval advice.

    • toristo on 09/09/2019 - 21:39
      +1

      We're the only council counsel that accepts MS Paint diagrams to save on those pesky drafting fees

  • Wallyt99 on 09/09/2019 - 21:13

    I did this in Bayside Vic. Considered planning approval then thought better of it.

    As long as you have strata approval you are fine. Any complaints will go through BC.

  • BobD on 10/09/2019 - 07:58
    +1

    This is a decorative cover that may do the job.
    https://www.stratco.com.au/au/outdoor-living/screening/timbe…

    • o555o on 10/09/2019 - 14:06

      This is interesting. But I guess the fan side is supposed to be exposed?

      • brad1-8tsi on 11/09/2019 - 07:36

        It needs air flow which that cover would provide sufficient amounts. If the cover also keeps direct sunlight off the outdoor unit it might be more efficient too.

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