Tuesday 12 August 2014

Blacktown City Council Accepts Granny Flat On Wrong Side Of Housing Property - Not To Community Standards!

The proposal for a Granny Flat' at the property of 7 Balimba Place Whalan has not been Certified by Blacktown City Council, yet Certified by an Independent Certifier, approve by a 'BPB' otherwise known as 'Buildings Professional Board'.  How professional are they? Not to the local community only to their client the applicant!

I had spoken to this Certifier 2 weeks ago or so and he agreed on the phone the plans could change to suit the community. But how  verbal words can change! From what I felt by taking to this Certifier, it was stated that the letters of Notification were sent to only neighbors within 20 metres of the development proposal and phone numbers were left to obtain a copy of the proposal. Yet neighbors trying to get a copy of the proposal have been left stranded. Answering machines indicating to call another person and/or phone number, no one answering, answering machine asking to call the other number. Phones going around in circles!

A spokesperson from NSW Planning and Infrastructure 'Affordable Housing scheme' set up in 1997 by the Carr Labor Government, has advised some errors that the Certifier has done:

1) not provide a copy of the development proposal to the neighbours- provide a copy of the Development proposal to Council, so neighbours can obtain a copy. Brick walls not to be provided by Certifiers towards the open community. 

2) Advise procedure if community is not in agreed with development proposal, that is provided by the Certifier ( or not in this case).

A spokesperson from Blacktown City Council, advised that the r Certifier should be providing notification to neighbor within 40 metres. And this wasn't complied too by the Certifier. So this means 3 errors have occurred from a professional Independent Certifier. I must thank this spokesperson ( From Blacktown City Council) as he thanked myself for the work I do for the community (Voluntary)!

The Spokesperson from NSW Planning and Infrastructure 'Affordable Housing scheme' has paid a great compliment to previous blogs published on this issue, printed all details and pictures, for review to the ACT and Regulation. The spokesperson said although they can not do anything on this issue, they were sympathetic to what the community in general wants. The suggestion was Council can refuse by authority, the Certification once lodged in Council by the Certifier, to maintain the appearance of the current community around Balimba Place and other similar in streets in Whalan and Mount Druitt.

This is sparking great interest in the community, people are concerned that overnight buildings can occur changing the community to a current negative affect.

I have also received a response e-mail from  Blacktown City Council Officer Manager of Development Policy and Regulation (I must have hit a high nerve in Council) and it was copied to the Certifier by e-mail (to keep him in loop):

Trevor Taylor




CC'd to Glennys, Susan

Hello Mr Svoboda,

I refer to your concerns regarding a secondary dwelling development at 7 Balimba Place, Whalan. Thank you for bringing this matter to Council’s attention, I note also details from your blog site referred to me by Council’s Assistant General Manager, which I have attached to this email.

Firstly, in respect of the specific issue raised on your blog of the currency of accreditation of the Certifier, this is beyond Council’s authority to investigate. Should you wish to make a complaint or enquiry in this regard, it is recommended you contact the certifiers accreditation (and disciplinary) body, the Building Professionals Board, at http://bpb.nsw.gov.au/ or on telephone number 9860 1800.

Similarly, Council does not have authority to amend or alter in any way a Complying Development Certificate issued by an accredited private Certifier. Any concerns you have in this respect should be taken up with either the Certifier directly, or, once again, his accreditation body.  I note you have already endeavoured to have the Certifier modify his approval to remedy your concerns.  

I can advise however that in response to several complaints in relation to a similar development in Whalan, Council officers have investigated this matter in further detail. Initial assessment indicates this form of development is indeed permissible under current NSW State Environmental Planning Policies (SEPPs). We share your concerns however in relation to the impact on local amenity, and on this basis Council officers are currently seeking consideration of legislative amendments from the NSW Government to reduce this impact. Any representations you were able to make to Government would also be welcomed in this regard.

Thank you again for raising this issue. I trust this information assists with your enquiry.

Regards,   

Trevor Taylor | Manager Development Policy and Regulation
Blacktown City Council | www.blacktown.nsw.gov.au
Ph: 02 9839 6162 | Fx: 02 9831 1961
P: PO Box 63, Blacktown NSW 2148 


From this e-mail there is contradiction in relation to rejecting a so-called SEPP by Blacktown City Council and NSW Planning and Infrastructure 'Affordable Housing Scheme' - we will let them battle this one and maybe be little brother (Council) will listen to big brother ( NSW Government). A letter has been received from Council accepting the application so if they can accept, they can also reject!

As I mentioned in previous blogs if the lane ways, path ways were closed, lane way lane provided to all land owners, eight foot high fence at the back - four foot high fence at the front, problem solved. Amendments to Legislation is just saying 'Tough luck it has been approved'! Unless amendments approved backing this one being rejected!

Quote from 'PBP' website: Your local council is able to order building work to stop, or enforce action against builders or property owners. Certifiers can't do this.

So this means stopped before proceeding resolving a dispute!


Click here for previous blogsw

I have tonight sent e-mails to the Premier of NSW, Hon. Mr. Michael Baird,NSW Planning Minister, Hon. M/s Pru Goward, 'BPB' - Buildings Professional Board & CC'd to General Manager of Blacktown, General e-mail for Blacktown City Council,  Councillors Jacqueline Donaldson & Charlie Lowles Ward 5, Blacktown City Council, Hon. Richard Amery, State Member for Mount Druitt, Hon. Bart Bassett,  State Member for Londonderry and local journalists.

Do you think people get the message!

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