Should I Object to All 2 Storey Nearby Planning Apps?

TimmyTims on 15/07/2022 - 13:02

Hi All,
I was lucky enough to enter the housing market a few years ago in an established area with very few double storey houses. My block is a triangle shape with the point at the street, so I have 3 rear neighbors.

My concern has always been an immediate neighbor sub divides and builds 1 or 2 double storey homes right at my back fence. Discussing this one day at work, a co-worker mentioned you can object to any planning permit in the nearby area that mentions a new build double storey house. The idea is, if there aren't many established double storey houses in a neighborhood, it'll be less likely/ more difficult to get new builds approved.

Is this a thing? I looked up the Design Guidlines for my area and it specifically mentions;

Height & building form; Avoid buildings that exceed by more than one storey the predominant building height in the street and nearby properties

PREFERRED NEIGHBOURHOOD CHARACTER STATEMENT; Encouraging dwellings that respect the low, horizontal form of buildings in the area

At the end of the day, I have bought in a growing area and I fully expect my neighbors to one day sub-divide. It's just my preference that it's not a double storey house. If I can do something today that would decrease the chances of this happening, I'm interested in doing it

Poll Options expired

  • 7
    Do Nothing, double storey at back fence isn't bad
  • 32
    Object to all nearby planning applications that mention 2+ storeys
  • 22
    There is nothing I can do that will have the slightest impact on planning decisions
  • 6
    Bikies
Home & Garden

Comments

  • spackbace on 15/07/2022 - 13:08
    +8

    You can only object if you have a legal ground to stand on (windows overlooking your yard, blocking out the sun etc). You'll need to know your local council guidelines as they're all different (source - relative is an architect and had to go to the council when their neighbour tried to build. They still built a double storey but multiple plans got knocked back)

  • Crow K on 15/07/2022 - 13:09

    Oh, I know the answer to this one.

    If you want to, yes. If you don't want to, no.

  • Realsteel on 15/07/2022 - 13:10
    +4

    You can object - council may listen to it and do nothing. Council may listen to it and reject proposed building plan.

  • 87percent on 15/07/2022 - 13:10
    +9

    so nearly every 2nd house in my area is/has been sub-divided, and i hate it. Every house parks their car on the street, effectively turning every road around me into a single lane road.

    • netjock on 15/07/2022 - 13:47

      Tell you council planning to sort it out. Because there should be provisions of enough parking for all developments. Unless you live inner city and they'd expect bike cages instead of parking spaces.

      • Presence on 15/07/2022 - 14:34

        The ship has long sailed on that one lol. With more and more young adults living at home and properties having smaller front yards there is no where else for people to park.

        I live inner city and I find it strange when visiting outer suburb development how hard it is to park - because everyone over 18 must own a car to function in society.

        • netjock on 15/07/2022 - 16:51
          +1

          outer suburb development how hard it is to park

          Because new estates don't have roads that can fit 3 cars across like old suburbs to maximise profits (you can fit 3 cars if they converted parking on the nature strip). It is also people who pay less for houses have other hobbies (like cars) to suck up the cash.

          I'm going through the process right now of building a unit. For 2BR you need 1 garage plus a visitor space on site. 3BR you need 2 parking spaces plus a visitor space if 4 BR even more.

  • Haydos90 on 15/07/2022 - 13:14
    +13

    exceed by more than one storey the predominant building height

    A two storey house doesn't exceed the predominant building height by more than one storey, you'd only be able to object based on this clause if the plan was for a three storey house in a predominantly single storey area.

    • TimmyTims on 15/07/2022 - 13:17

      Good catch, I missed that. Sneaky wording

  • holdenmg on 15/07/2022 - 13:26
    +3

    Join the N̶a̶v̶y̶ Council.

  • kanmen on 15/07/2022 - 13:30
    +1

    Personally I wouldn't object just on the basis of height but also the impact of subdivision (ie. having more than one house on a property) if that's what you want. As other people have mentioned you'd need to look at your councils planning policies but I think you could have a stronger argument if you also refer to the general environment subdivisions can have in inappropriate areas.

  • Drakesy on 15/07/2022 - 13:48
    +4

    Purely on the grounds that other houses in the area aren't two stories won't really get you far (unless the council has a serious case of NIMBYISM).

    If the land's zonation allows for residential houses of 2 stories then there's not allot you can do about it. You can rock up to meetings all you want but at the end of the day, if the planning guidelines allow for it then they can go for it.
    Yes you can reject on the grounds of windows etc overlooking your backyard (but this generally only applies to those in your immediate vicinity.)

    Unfortunately the wording you've quoted by the council uses weasel words that are open to interpretation and not really enforceable (can be overturned in court).

    • Sleeqb7 on 16/07/2022 - 09:54

      I feel like I'm just taking the bait, however;
      a lot*

  • Eatslikeacat on 15/07/2022 - 13:50
    +2

    If you can't beat them then join them, build an extra storey yourself.

    • altomic on 15/07/2022 - 22:34

      in fact , why not add 3 or 4 extra stories.?

  • netjock on 15/07/2022 - 13:53
    +1

    Suggest OP move. Obviously the council is bad. People are just trying to follow the rules and get their planning applications approved.

    OP is lucky if they only build 2 or 3 on a block. There is inner city areas in Melbourne where they building 7 town houses on a 800sqm block. Literally just all concrete and windows at the front and back of the town house.

    700sqm block where they build 4 units. 3BR, 2BR, 2BR double story and one at the end that is 2BR single story. There are tiny bedrooms.

  • pharkurnell on 15/07/2022 - 14:10
    +3

    You can complain, but those getting backhanders wont listen.

  • mbck on 15/07/2022 - 14:23
    +2

    Approve the development. Then build 3 storey units in your place.

    Win

    Obviously just joking. There are ways for developers to go around the 'privacy'and overlooking your yard. They can put frosted glass on the second floor. That way they can get light while abiding with privacy laws

  • JIMB0 on 15/07/2022 - 14:52

    You can object to a planning for any reason, however there are only a handful a reasons that can be taken into consideration. I'd suggest you get a copy of your local planning scheme and state government guidelines to read up. What's your objection anyway? Are they going to be blocking your sunlight and preventing you from nude sunbathing in your backyard?

  • bmxr on 15/07/2022 - 18:28

    Why would they subdivide just to build a 2-storey house? Do the planning controls and minimum lot sizes permity subdivision? Landowners can;t just subdivide because they want to, otherwise we'd all be doing it, doubling the densities in our suburbs and the infratructure planning and provisioning teams in Council/State Govermment would be overwhelmed with the unplanned growth.

    If they can subdivide, well it's likely been in the controls for a while now and they are entitled to do that. It wouldn't neccessarily deliver a suboptimal outcome for yourself though, as others have suggested you would need to see the design of the house, ensure there is no additional overshadowing of your private open space and there is no excessive privacy impacts from windows within close proximity of your boundaries. Can you subdivide also?

    There's not enough information provided to give you much more than random advice on the internet.

    Give us the rough location if you're not comfortable sharing your exact address, give us an aerial photo of your lot and your neighbours you are concerned about (remove any identifying features if screen grabbing from google maps) Council, links to the guidelines you quote etc..

  • donbot on 16/07/2022 - 06:32

    Unless you have actual grounds to object to other than 'the vibe' you'll be smoked out pretty quickly as a nuisance.

    I'm an objector to a proposed subdivision on my nextdoor neighbour. Written responses from both parties followed by a mediation to discuss and try and find a middle ground - mine was with building designer and the town planner my neighbour had engaged - so unless you've got a legal leg to stand on, they.wont budge unless they absolutely need to.

    And never assume that these people get it right and all in line with the rules for overlooking/privacy. They will push for what they want, and if you don't pipe up - council is that useless that they'll probably get it.

    I'm stoked with our outcome - development still going ahead, but my points objected to had grounds and got resolved in mediation to an amicable outcome for both parties.

    PS. I'm also the only two storey house in our street. I'm going to extend upstairs within my existing building footprint. Because I comply with rescode requirements - I don't need a planning permit to do so - so in this case, whinge and bitch all you like - but it's happening.

  • WT on 16/07/2022 - 08:19

    if everyone is wanting to knock down and rebuild with double story it can be a good thing, prices for sure will go up as and you wont need to join them or spend any money to follow.

    worst house on best street etc

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