19 November 2010

All Barr None – Urban Planning in the ACT

| Steve D
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Sun room

A few short month ago we came home to see a deck being build about 1.5 metres from our fence. The deck was the height of the fence – just under 2 metres. Interesting we thought. Must give the neighbour a nice view of our back yard, bedroom and toilet. Great!

Decided to contact ACTPLA and found out that a sun room was going to be built on top of the deck. Clear privacy issues, not to mention impact on the value of our property. Anyway, we ended up lodging a complaint with ACTPLA to have the work stopped or modified. Checked with relative interstate and sent photos. You guessed it. Not allowed in other jurisdictions and neighbours have to have the opportunity to comment.

Not in the ACT and not under this Minister (Andrew Barr). We wait and wait for ACTPLA to get back to us. All the while the building continues. How does that work? A complaint is lodged and work continues.

Eventually I contacted ACTPLA and insisted on being told what they were doing. You guessed it – the sunroom was exempt. Privacy issues and impact on the value of our property ignored. The first thought that went through my mind was well, what if we put up a sunroom? Following ACTPLAs logical we could also build a sunroom a mere 1.5 metres from the fence line and just under 2 metres from ground level. Imagine that neighbours with sunrooms a mere 3 metres apart. Could make a nude romp on a summers day really interesting.

Oh well. Just under two weeks ago contact Minister Andrew Barr’s office. The result? Despite being sent photos the Minister’s Office thinks there is nothing amiss. Again privacy issues and impact on the value of our property not even considered.

Let’s look at the bigger issue here.

    — In the ACT and under the custodianship of Andrew Barr it is OK to:
    — Put up sunrooms that tower over another persons property
    — For government agencies not to contact impacted residents.
    — Ignore privacy concerns.
    — Ignore the impact of developments on the value of another persons property.

Where does that leave urban planning in the ACT? Nowhere.

Here’s my take on this. Poor legislation compared to other States and Territories. A public service unable to excise common sense judgement. A lack of openness and transparency on the part of government and the public service when dealing with citizens.

Amazing stuff by any standard.

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Kan said :

My other half has just suggested to set up a webcam to broadcast the contents and the happenings of the sun room to the world! It would be all for a worthy cause – to annoy your weird and selfish neighbours.

Easy to do, and creative too. How awful to find this sunroom looming over your back yard but it seems to be the way ACTPLA do things. Even worse if the perpetrator is some large and wealthy entity.

Do a high fence, with vines (wisteria are good as they will grow out and grab onto anything they can find, like a sunroom, and proceed to wreck it) and while the vines are growing, make their sunroom a web study with 24-hour live webcam.

troll-sniffer9:19 am 30 Nov 10

peterepete said :

…just adding rooms willy-nilly?

Is that a suggestion that the sunroom builders were eunuchs?

Mass rioter action. I wonder what issue will be the first to get rioters mobilised? They obviously do not place any value on having a decent relationship with you – are they slumlords of the future just adding rooms willy-nilly?

When is the nudie barbecue? Can’t wait. Your neighbours have strange taste in scenic views. From what I can gather – they like seeing an old fence, a dog, a barbie, the back of a house, possibly a clothesline and some vegetation. Oh and that’s right (coming soon) a bloke doing a nude parade. Very odd indeed.

My other half has just suggested to set up a webcam to broadcast the contents and the happenings of the sun room to the world! It would be all for a worthy cause – to annoy your weird and selfish neighbours.

Hi Folks – You might find this information handy. It’s from the ACT Ombudsman’s Office Better Practice Guide to Complaint Handling. Mind you it is not exactly easy to find the guide. It actually lives on the Commonwealth Ombudsman’s site >>> http://www.ombudsman.gov.au/pages/publications-and-media/better-practice-guides/complaint-handling.php

Extract

Our Better Practice Guide to Complaint Handling focuses on how government agencies can improve systems to deal with internal complaints and this has helped agencies to commit to effective complaint resolution. Many practical benefits result, which include better client relations, an enhanced reputation and more timely and consistent complaint handling.

To manage complaints well agencies need to integrate complaint handling into their core business. To do this we have identified five important elements:

culture: agencies must value complaints as a means of strengthening their administration and improving their relations with the public

principles: an effective complaint-handling system must be modelled on principles of fairness, accessibility, responsiveness, efficiency and integration

people: complaint-handling staff must be skilled and professional

process: the seven stages of complaint handling should be clearly outlined – acknowledgement, assessment, planning, investigation, response, review, and consideration of systemic issues

analysis: information about complaints should be examined as part of a continuous process of organisational review and improvement.
Skilled staff and good systems are major components for achieving effective results, along with adequate review procedures and quality assurance measures.

Some great ideas folks. Impressive. Now to figure out what to do to regain privacy etc. A Christmas holiday project. In the nude of course.

I’m still going to go after the issues with ACTPLA and Minister Barr. If the buggers can do this to one household you can bet your bottom dollar they have done it before and will do so to others in the future. There’s no way we should have a system that does not even take into account privacy and, lets face it, good taste.

Honestly, should we have a government (from any party) that thinks it is OK for the public service they are responsible for to not listen to people, not even communicate and totally ignore the impact of developments like this. And on top of that for the Minister’s own office to simply play ‘hold the line’.

Slack legislation and slack delivery is what this smacks of. And it is Minister Barr who is responsible.

Let’s face it the ACT Government is really a local council. Other councils in the country put them to shame.

Cheers – Steve

ps. Be careful when you leave your home lest Barr’s Boys let someone start whacking up a monstrosity near you. We need a Barrometer to monitor government stupidity in this town.

JasonW1956 said :

Jethro said :

JasonW1956 said :

Thats pretty close to your neighbor but it seems to be more common these days.

The distance doesn’t look much different to what you’ll find in MacGregor

Take that back!! MacGregor has nice big blocks and some lovely houses.
West MacGregor on the other hand……

I take that all back, your right. WEST MacGregor!!

Nah West Macgregor is not a seperate suburb, so the correct thing to say would be the new part of Macgregor.

Pandy said :

Let the Canberra Times know.

The Canberra Times will have already read this post and be on to it for a future edition – most likely without any acknowledgement of the source!

Jethro said :

JasonW1956 said :

Thats pretty close to your neighbor but it seems to be more common these days.

The distance doesn’t look much different to what you’ll find in MacGregor

Take that back!! MacGregor has nice big blocks and some lovely houses.
West MacGregor on the other hand……

I take that all back, your right. WEST MacGregor!!

“I like banner idea. Perhaps you could take up art and do portraits of hitler / john howard / dog’s backsides in large scale right outside their sunroom.”

Get a PA and play endless loops of Kevin Rudd speeches. Or Gillard for that matter 🙂

Yes, hearing “working families” over and over and over endlessly would be rather annoying, but I feel you’re not really thinking big enough, Thumper. A loop of Rob Oakeshott droning on for 3/4 of an hour about brevity of parliamentary speeches would be a much better option!

As to Conan’s suggestion of eating shit in your backyard – a much easier option is to fill a small plastic bag with a mixture of chunky peanut butter and vegemite (mixed until the desired colour and consistancy is reached!), place bag down the back of your pants, scoop ‘poo’ out with your fingers, sniff a couple of times and then place fingers into mouth. Just make sure you spend plenty of time licking each finger – as that’ll get them really retching! 🙂

“I’ll give you that, but isn’t there a law against taking photos of private property (and posting them on the interwebs) without the owner’s approval?”

No

Rawhide Kid Part311:05 am 20 Nov 10

blue eyes said :

The sunroom looks shiteous, I’ll give you that, but isn’t there a law against taking photos of private property (and posting them on the interwebs) without the owner’s approval? Kinda getting a ‘Peeping Tom’ vibe. That said, I agree with other Rioters – make their outlook as ugly as possible.

It’s pretty near impossible not to have that monstrosity in the photo when you taking a snapshot of your pupin the back yard.

I would just order a massive banner from vistaprint. I would put something like:

“What do you do when your neighbours are such C#nts that they build a massive sunroom overlooking your back/front yard”

and hang it covering their whole view.

Pandy said :

Let the Canberra Times know.

Having said that, I am going to build a new deck, 1.5 meters off the ground, next to my neighbours fence. Then glass it in. 🙂 Thanks Andrew Barr!!

Indeed Pandy, one of the downsides of bad planning decisions is a knock-on “I don’t care if they don’t” effect. My neighbour objected to my studio ceiling height being a metre and a half higher than the usual ceiling height, which meant the building loomed a bit larger over their yard than evident on the plans (no intrusive windows however, no-one should impose that), and it was an unexpected and unintended impact on them. Unfortunately it had already been built before they realised, so I wasn’t able to compromise.

Interestingly, same neighbour proceeded to inflict a similar problem on the next neighbour along. That’s something that could really bring down the atmosphere in a whole neighbourhood eventually.

Let the Canberra Times know.

Having said that, I am going to build a new deck, 1.5 meters off the ground, next to my neighbours fence. Then glass it in. 🙂 Thanks Mr Barr!!

It’s extraordinary that this has been allowed. In New South Wales, they would have been required to install something on their windows to such a height that would prevent them looking out into your yard, but allowing them to look out across and over it.

This presents a very interesting case study as to whether the ACT Government’s planning regulations are fit for urban infill. I’d say based on this example, very much not.

Andrew Barr needs to explain.

Do everything in your backyard nude. Gardening, exercise, housework

*try sunroom

They want sun?

Then let them have sun.

A couple of these parabolic solar mirror arrays in your back yard – aimed at the sunrrom should certainly help your neighbours out………….

http://www.power-technology.com/projects/victorville/victorville2.html

JasonW1956 said :

Thats pretty close to your neighbor but it seems to be more common these days.

The distance doesn’t look much different to what you’ll find in MacGregor

Take that back!! MacGregor has nice big blocks and some lovely houses.
West MacGregor on the other hand……

Clown Killer7:30 am 20 Nov 10

somewhere in my distant memory I recall that if you are building at the existing level of the main floor of the house you can go all the way to the 1.5m limit without requiring special approval. Then again, for a deck higher than 1m I think you might need approval, but there’s approvals and then there’s approvals.

Given that it’s there now, I suspect that screening will be your only solution.

install a camera on your roof facing them 🙂

could there possibly be a *better* time to take up the hobby of nude sunbathing in your backyard? i think not…

“Get a PA and play endless loops of Kevin Rudd speeches. Or Gillard for that matter”

Or even better get some software that reads the RiotACT comments as they are posted.

Put up some lattice along the fence, and grow climbing plants

Thats pretty close to your neighbor but it seems to be more common these days.

The distance doesn’t look much different to what you’ll find in MacGregor, Crace and Gungahlin ect.

Barr’s rules. There are none. I’ll back Consn.

OpenYourMind5:54 pm 19 Nov 10

A lot of the posts here are essentially about retaliation. One thing I know is that in a war with neighbours, nobody wins. Lots of neighbours are complete arseholes, however adding fuel to a fire is rarely a good solution.

Amanda Hugankis5:27 pm 19 Nov 10

Steve D said :

Pauline Hanson? What a prospect.

Dude – I can’t get over how calm and civil you are about the whole thing. I’d be beyond ropeable. I hope you find some kind of solution/resolution/recompense soon.

ConanOfCooma said :

Declare a building war on your neighbours – They aren’t going to take it down, so you need to go higher. Something with a butress or perhaps an entrance gate with guard towers (complete with portcullis) and a moat.

Alternatively, you could have a nudist open day in the back yard.

I am more than happy to come around when they are entertaining and start eating my own feces in front of them – Lets see them invade THAT privacy!

That’s a big call Conan. I’ll chip in for the moat if others pay for the rest. I want to see Conan eat shit in the nude.

Pauline Hanson? What a prospect.

johnboy said :

blue eyes said :

The sunroom looks shiteous, I’ll give you that, but isn’t there a law against taking photos of private property (and posting them on the interwebs) without the owner’s approval? Kinda getting a ‘Peeping Tom’ vibe. That said, I agree with other Rioters – make their outlook as ugly as possible.

not from your own property I believe. If you want to go citing law best to be able to name the law.

Thanks Johnboy, If you read my post, I asked a question, I did not cite a particular law.

johnboy said :

blue eyes said :

The sunroom looks shiteous, I’ll give you that, but isn’t there a law against taking photos of private property (and posting them on the interwebs) without the owner’s approval? Kinda getting a ‘Peeping Tom’ vibe. That said, I agree with other Rioters – make their outlook as ugly as possible.

not from your own property I believe. If you want to go citing law best to be able to name the law.

i believe you can ‘peep and pry’ from anywhere, your own property included, jb – but happy for any current plod or other leagal types hereabouts to correct me…

i like the idea of the sensor light shining into the offending construction as well as the loudspeakers (though they may actually like the sex pistols – better off with john farnham or john williamson, something particularly offensive), and the banner, mebbe with pictures of pauline hanson in full flight…

Hi blue eyes

Google takes pics of houses and posts them on the web. Different matter if I posted address details etc. That would be a violation of privacy which would make me hypocritical considering that is one of my gripes.

We will see how this goes, but ultimately it is ACPLA and the Minister that are responsible.

Cheers

Steve

blue eyes said :

The sunroom looks shiteous, I’ll give you that, but isn’t there a law against taking photos of private property (and posting them on the interwebs) without the owner’s approval? Kinda getting a ‘Peeping Tom’ vibe. That said, I agree with other Rioters – make their outlook as ugly as possible.

Someone linked to this in another thread today. I’ve been reading through it, and it appears that, no there isn’t a law against it. If the photo was taken from a public space, or a private space where the owner hasn’t told you that you can’t, then it is fine. If there are people in the shot it becomes more complex (you can take the shot, but what you use it for is restricted).

blue eyes said :

The sunroom looks shiteous, I’ll give you that, but isn’t there a law against taking photos of private property (and posting them on the interwebs) without the owner’s approval? Kinda getting a ‘Peeping Tom’ vibe. That said, I agree with other Rioters – make their outlook as ugly as possible.

not from your own property I believe. If you want to go citing law best to be able to name the law.

Good luck if your neighbours happen to be ACT Govt employees. A few years ago my neighbours, who work for the ACT Govt, chopped down a massive tree – one of the biggest in my suburb – with no permission, claiming ignorance of the tree moratorium at the time. ACT Govt did absolutely nothing. One rule for some …

The sunroom looks shiteous, I’ll give you that, but isn’t there a law against taking photos of private property (and posting them on the interwebs) without the owner’s approval? Kinda getting a ‘Peeping Tom’ vibe. That said, I agree with other Rioters – make their outlook as ugly as possible.

DeadlySchnauzer3:30 pm 19 Nov 10

watto23 said :

Before running your mouth off in some political crusade, have you read the ACTPLA guidelines.

http://www.actpla.act.gov.au/topics/design_build/da_assessment/exempt_work/process/decks

The 1.5 m from the fenceline is standard unfortunately.

The 1.5m is only one of a number of requirements. The others that this clearly breaks are:
1. “It does not have a roof”
2. “The height of the finished floor level is not more than… 1m above finished ground level”

But that aside the exemption criteria only exempts you from lodging a development application for developments that already meet the building code. This one does not meet the building code because it contravenes the building envelope.

amarooresident32:58 pm 19 Nov 10

Steve D said :

Just to be really clear folks. There was no communication from ACTPLA at all. Just bang cop a sunroom.

That would be your grounds for appeal, presuming they (or the owners of the other property) had to notify you and failed to do so.

I’d be getting some legal advice if I was you.

And while you’re waiting for the green screen to grow, don’t forget to add a glaring flood light to light up every time pup goes past the back fence at night

not to mention impact on the value of our property

Don’t worry, it has probably impacted the value of their property just as much.

Anyone who thinks that adding one of these illustrious creations or ‘closing in’ a veranda adds value to their house is deluded. It’s equivalent to sticking a caravan in the front yard.

Every time I see a house for sale with one of these delightful additions my first thought is where else the owners have cheaped out or taken shortcuts on the house.

I think troll-sniffer’s idea sounds good.

Keijidosha said :

Solution: Two metal poles in the ground, protruding three metres upwards. String a large rectangular shade sail vertically between the posts, thus blocking their view of your backyard and potentially block out the “sun” for which the room was intended.

But wouldn’t this contravene the building envelope?

Just to be really clear folks. There was no communication from ACTPLA at all. Just bang cop a sunroom.

eyeLikeCarrots1:19 pm 19 Nov 10

Who the frack wants to build a sunroom in Canberra for summer ?

“Its 40 degrees in the shade today, I think I’ll whack up a dirty great big glass and steel heat trap up on the house. That will piss the neighbours right off and with any luck it might fry the mother in law…. I can’t lose!”

The solution is simple – naked lunches with your husband’s biggest and roundest friends around that fine BBQ every single god damn day – extra points if there is a bottle of peanut butter for Joel Mondghan fun-with-rover.

Amanda Hugankis1:17 pm 19 Nov 10

sepi said :

I like banner idea. Perhaps you could take up art and do portraits of hitler / john howard / dog’s backsides in large scale right outside their sunroom.

I’m down with this too. And just think – the possibilities are endless. Blown up pictures of Tony Abbott in his bugglers, Donatella Versace, Justin Bieber … or THAT Joel photo (with pixels of course, don’t want to frighten any kiddies). Blow them up to A0 size … laminate for weather hardiness, pin to a frame, face them directly at their sun room windows. I like it very much.

call Today Tonight

It’s a bloody disgrace. Good luck.

I really like some of these suggestions and the humour (luv it). The banner idea really slays me. Loud speakers playing propaganda statements 24/7 with spotlights thrown in at night. And on a Sunday . . . Sex Pistols – Anarchy in the UK – full blast.

That is BS. Invite these guys over for a barbie. http://the-riotact.com/?p=31585

Before running your mouth off in some political crusade, have you read the ACTPLA guidelines.

http://www.actpla.act.gov.au/topics/design_build/da_assessment/exempt_work/process/decks

The 1.5 m from the fenceline is standard unfortunately.

Solution: Two metal poles in the ground, protruding three metres upwards. String a large rectangular shade sail vertically between the posts, thus blocking their view of your backyard and potentially block out the “sun” for which the room was intended.

Shouldn’t cost you more than about $250.

Get your dog to bark all night, that will show em!

troll-sniffer12:08 pm 19 Nov 10

Not very nice of the neighbours but not a particularly big problem if you’re handy with a hammer etc, but obviously you will have some expense.

Looking at the space and your options, I would recommend two metal poles to the height of the sunroom, concreted a metre deep into the ground at each end of the open space, ie from the tree on the left to at least the middle of the bush on the right.

Using some fencing wire and some form of tensioning string a series of horizontal wires about 30cm apart from pole to pole. Plant an ornamental grape, honeysuckle or something equally fast growing at the base of each post and train them up the pole with side branches trained along the wires. It’ll take a good few years but it’ll be a nice effect in the end.

If you want to block the nice neighbour’s view of your backyard, go off to Hardly Normal, Bing Lee etc and raid their hoppers for frig cartons etc, and wire the cardboard on top the wires. Eventually the rain will destroy the cardboard but by then you should have at least partial privacy from the rapidly growing creepers you’ve planted.

Remember the higher and denser that you make the screen the less enjoyment your uncaring neighbours will get from their ‘sunroom’.

I like banner idea. Perhaps you could take up art and do portraits of hitler / john howard / dog’s backsides in large scale right outside their sunroom.

I’m surpried you didn’t get a letter from ACTPLA before they approved it. We got one when the people behind us wanted to build a garage behind their house and we can barely see it since our garage blocks the view.

You know I agree with the other, your fence would look great with some big bushy trees in front it. Possibly with some ivy to creep up them and across onto someone’s sunroom….

I like your doberdog.

Hvae you spoken to the neighbours at all?

My guess is that anyone so self-centred that they would do this will be outraged at any trespass on their freedom to do what they like, while your freedom to enjoy some privacy is obviously only of a second-class order.

I think a couple of flagpoles on either side of your back yard, with a larger banner slung between, carrying a pithy and yet erudite message (‘Fuck youse all!’ perhaps?)

Be too bad if a rock flew out of your mower whilst mowing the back lawn and smashed some of those windows wouldn’t it?

colourful sydney racing identity11:19 am 19 Nov 10

DeadlySchnauzer said :

Something seems amiss here. If a deck, sunroom or indeed any addition to a house penetrates the standard building envelope (which looking at the photos this seems to do), then it is required to go through a public notification and approval process in addition to having a plan lodged.

FWIW the standard building envelope runs 3.5m above ground level along the fence line, and slopes inwards at a 45 degree angle. (oh and its 2.5m on the northern boundary).

I would contact a surveyor, who can prove that this addition penetrates the building envelope, and can give you something more formal than photos to go to ACTPLA with.

this. I find it very difficult to believe that this is legit.

I say just transplant a few VERY LARGE trees along your fenceline. that should block out the sun for them. (oh and nice dog BTW)

DeadlySchnauzer11:04 am 19 Nov 10

Something seems amiss here. If a deck, sunroom or indeed any addition to a house penetrates the standard building envelope (which looking at the photos this seems to do), then it is required to go through a public notification and approval process in addition to having a plan lodged.

FWIW the standard building envelope runs 3.5m above ground level along the fence line, and slopes inwards at a 45 degree angle. (oh and its 2.5m on the northern boundary).

I would contact a surveyor, who can prove that this addition penetrates the building envelope, and can give you something more formal than photos to go to ACTPLA with.

Actually, planning in the ACT is really strict. It’s hard to build anything legally without having first had a Development Application (DA) approved by ACTPLA. Some decks are exempt form needing a DA, but a deck with a roof requires specific approval. Any big strucutre such as a sunroom needs a DA – if they haven’t done one you’re well within your rights to complain (there’s a form for it on the ACTPLA website) and a stop work notice can be issued. However, it’s possible they did do a DA and you may not have been consulted if you are not the owner of your property – ACTPLA will only write to the registered owners.

ConanOfCooma11:00 am 19 Nov 10

Declare a building war on your neighbours – They aren’t going to take it down, so you need to go higher. Something with a butress or perhaps an entrance gate with guard towers (complete with portcullis) and a moat.

Alternatively, you could have a nudist open day in the back yard.

I am more than happy to come around when they are entertaining and start eating my own feces in front of them – Lets see them invade THAT privacy!

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