Granny Flat in Whalan - 'NSW Building Professionals Board' Backs Certifier But Not Whalan Community!

The Whalan Granny Flat issue seems to have sparked stake holders saying, 'Legislation needs to be changed'.  That in itself means The NSW Building Professionals Board may have realised there is errors in the legislation they are guided by.

They now are currently backing the Independent Certifier as per received e-mail:

Hi John,

I refer to your email and phone call today.

I have spoken to the certifier Nick Georgopoulos after my telephone call with you.

I have requested him to send me a copy of the complying development certificate and associated drawings.

1) During the phone call, he advised me that the CDC complies with the relevant planning instruments.

He also advised me that he has spoken to officers from the council in relation to the development.

Trevor Taylor from the council advise you the following:

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).

If an application for a complying development certificate complies with the relevant SEPP's, a certifying authority has to approve the application.

A certifying authority cannot impose conditions that are outside the requirement of the planning instrument.

2) Mr Taylor also advised you that

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.

You may propose legislative amendments to the Department of Planning directly or through Blacktown City Council.

3) The requirement for notification is follows:

• Prior to issuing a CDC, a certifier has to give 14 days notice to the properties within 20 meters of the boundary of the proposed lot
• The intention of the notice is to allow discussion between the applicant and the neighbours. It is not mandatory for an applicant to negotiate with the neighbours.
• A certifier is not required to provide any other documents (plans ) with the notice
• The applicant must give 7 days notice to neighbours before commencing any work

Regards

Ken Ketheesuran

Senior Investigator
Building Professionals Board
3 Marist Place

Parramatta NSW 2150

My questions are unanswered - bureaucrats they seem to cover themselves all the time and yet are turning a blind eye to the Whalan community! What they in fact are saying is, 'Tough luck, not our problem!'

This is  from the 'BPB's' website:

The Board’s work

Members of the Board are largely focused on strategic direction and high-level decision-making, such as:

• improving standards of building and subdivision certification, and reviewing performance of the system
• setting the goals and objectives required for the Board to implement Government policy decisions that relate to building certification
• advising the Minister on matters related to building certification
• anticipating and responding to legislative, policy, social, environmental and technological
• appointing and overseeing the work of technical committees that advise the Board on major policies and other projects to improve building certification.

Unanswered Questions:
1) 'Anticipating and responding to legislative, policy, social, environmental and technological'  - So this means from the above e-mail, they are not responding to the Community's environment and social outlook, by placing a granny flat on the wrong side of the housing property. Responding to this, means they can change can the Certification and refer for policy change.
  
2) The Independent Certifier verbally agreed on the phone that the Granny Flat could be constructed in the front of the property. The Senior Investigator was told and  no response on his e-mail. 'The cracks are now appearing!

3) This is not 'Fair' action- that the 'BPB'  doesn't support the community to keep the local community, leaving it to maintains its appearance of all housing.  I'm sure id the Senior Investigator was living next door and been living there for 40 years, his statement would change!

4) 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 Senior Investigator has ignored this as this would affect the 'PBP'
anticipating and responding to legislative, policy, immediately.

5) Although Mr Taylor from Council says Council can not do anything - again from the 'PBP website:

Third point of contact: local council

Contact your council if the matter is beyond the certifier's power.
Councils have wide enforcement powers even when they are not the principal certifying authority for the development.
A council may issue a range of orders if a development does not comply with the development consent or complying development certificate. For example, a council may order the property owner to comply with the consent or to rectify non-compliant work.
Councils can take action in relation to:

• construction outside the approved hours
• pollution incidents
• poorly-maintained structures to prevent soil erosion
• roads and paths blocked by trucks or skip bins
• hoardings and cranes
• development that does not comply with a consent
• unauthorised development.

This development would fall under 'Unauthorised', consider change to front of property.

6)  Acting in the public interest

Accredited certifiers are public officials under the Independent Commission Against Corruption Act 1988 and public authorities under the Ombudsman Act 1974, and are subject to the requirements of these Acts.
Certifiers are also subject to (for example) the Anti-Discrimination Act 1977 and the Disability  Discrimination Act 1992 (Commonwealth), and random audits by the Building Professionals Board.

7) The applicant must provide access of the Development as per the Certifiers Notice (that advised it was available), supplied to neighbours Laurie and Noel! And be contactable not unavailable, as the Cremorne applicant has been, so far.

This application is not acting in the public interest and it should be!

This more than enough reasons for Council step in immediately especially point 5 relating to the community and point 6. In fact all points are valid. This will make the bureaucrats scratch their head  rethink their decision! 

People power speaks!

PS: The Senior Investigator yesterday said, 'I'm happy for this to go to the Press!'

Click here for previous blog