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When is a deck not a deck?

Col1234 24 August 2011 35

Our neighbour has recently built a huge deck in his backyard that is mounted to the top of the roof of the house.

It has a pitched roof and it is around 5 m high.

As we had no notification that it was being built I contacted ACTPLA to see if it had DA approval as it states on their site that 4m is the maximum height.

They wrote back saying it had building approval and was exempt from DA.

The project had been submitted as a building extension and not a deck and no notification was required. 

I was just wondering how common this is?

I have read another article about a sunroom that is a simillar case but the deck has no walls or windows and looks nothing like the house so I am not sure how it can be classified as an extension.


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35 Responses to When is a deck not a deck?
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Col1234 Col1234 10:43 pm 21 Oct 11

Well finally heard back from the Ombudsman and they have no power to do anything. They can only make recomendations to gov departments which the departments can then ignore. Makes sense doesn’t it…..not..

Least the hedge is growing well..

Col1234 Col1234 5:15 pm 07 Sep 11

Foreboding said :

I was impressed to see ACTPLA’s reply. About two years ago I made an appointment with them to discuss my landscaping plans and they said ” you can do anything you want to because we’ll never check.” The public servant I spoke to was adamant that ACTPLA would never go to the effort of enforcing anything because they didn’t have enough budget for enforcement.

That may still be the case. Actpla comms was happy to try to help but there is not much they can do as they are still part of the same department. I have moved on to the Ombudsman now.

Has anyone had any dealings with the Ombudsman?

Foreboding Foreboding 4:27 pm 03 Sep 11

I was impressed to see ACTPLA’s reply. About two years ago I made an appointment with them to discuss my landscaping plans and they said ” you can do anything you want to because we’ll never check.” The public servant I spoke to was adamant that ACTPLA would never go to the effort of enforcing anything because they didn’t have enough budget for enforcement.

Col1234 Col1234 4:23 pm 31 Aug 11

ACTPLAComms said :

We’d be happy to look into this further for you – please send through your contact details including the street address. Email us at ACTPLA_Communications@act.gov.au.

whoodzzz said :

ACTPLAComms said :

ACTPLA_Communications@act.gov.au comes direct to the Environment and Sustainable Development (ESDD) Directorate’s Communications section. ACTPLA is now part of ESDD.

great work guys! nice to see someone is listening!

Sounded like they were listening but haven’t heard anything back from them yet.

The Antichrist The Antichrist 6:33 pm 25 Aug 11

John Moulis said :

the last time anybody in government responded to something in The Canberra Times was when Kate Carnell as CM replied to one of my Letters to the Editor in 1999.

hahaahah*snort* yes, I am sure that absolutely nobody else has ever had the government respond to anything printed in the CT during the past 12 years.

Classified Classified 4:05 pm 25 Aug 11

Jim Jones said :

EvanJames said :

John Moulis said :

I think the last time anybody in government responded to something in The Canberra Times was when Kate Carnell as CM replied to one of my Letters to the Editor in 1999.

Clearly a key life milestone. Did you clip it out of the paper and frame it?

… right next to the bill pile of restraining orders.

I’d have thought the blog would have been the place to put it…

Jim Jones Jim Jones 3:37 pm 25 Aug 11

EvanJames said :

John Moulis said :

I think the last time anybody in government responded to something in The Canberra Times was when Kate Carnell as CM replied to one of my Letters to the Editor in 1999.

Clearly a key life milestone. Did you clip it out of the paper and frame it?

… right next to the bill pile of restraining orders.

EvanJames EvanJames 3:19 pm 25 Aug 11

John Moulis said :

I think the last time anybody in government responded to something in The Canberra Times was when Kate Carnell as CM replied to one of my Letters to the Editor in 1999.

Clearly a key life milestone. Did you clip it out of the paper and frame it?

John Moulis John Moulis 1:36 pm 25 Aug 11

ACTPLAComms said :

ACTPLA_Communications@act.gov.au comes direct to the Environment and Sustainable Development (ESDD) Directorate’s Communications section. ACTPLA is now part of ESDD.

Nice to see that RiotACT is now the place to turn to in order to get action from officialdom. I think the last time anybody in government responded to something in The Canberra Times was when Kate Carnell as CM replied to one of my Letters to the Editor in 1999.

aussielyn aussielyn 11:47 am 25 Aug 11

Great to see the post from ACTPLA Communications Unit!
Looks like a more work for the Compliance Unit, good onya Craig & team.
The job these guys do is not well publicised. Maybe rectification stats could be published here so that people know they cannot do whatever they want. Non compliance could double your time and budget.

Innovation Innovation 5:15 pm 24 Aug 11

Mr Waffle said :

Awww, ACTPLA sorting it out isn’t nearly as fun as these comments being whipped up into a witchhunt 🙁 oh well.

Thumper said :

If it walks like a deck, quacks like a deck, then I guess we have to entertain the possibility, however remote that may be, that it is, in fact, a deck.

Shouldn’t we determine whether it floats first – I know it’s a bit too pythonesque……

Thumper Thumper 4:52 pm 24 Aug 11

If it walks like a deck, quacks like a deck, then I guess we have to entertain the possibility, however remote that may be, that it is, in fact, a deck.

Mr Waffle Mr Waffle 4:27 pm 24 Aug 11

Awww, ACTPLA sorting it out isn’t nearly as fun as these comments being whipped up into a witchhunt 🙁 oh well.

whoodzzz whoodzzz 3:58 pm 24 Aug 11

ACTPLAComms said :

ACTPLA_Communications@act.gov.au comes direct to the Environment and Sustainable Development (ESDD) Directorate’s Communications section. ACTPLA is now part of ESDD.

great work guys! nice to see someone is listening!

ACTPLAComms ACTPLAComms 3:43 pm 24 Aug 11

ACTPLA_Communications@act.gov.au comes direct to the Environment and Sustainable Development (ESDD) Directorate’s Communications section. ACTPLA is now part of ESDD.

Col1234 Col1234 3:24 pm 24 Aug 11

ACTPLAComms said :

We’d be happy to look into this further for you – please send through your contact details including the street address. Email us at ACTPLA_Communications@act.gov.au.

Does Actpla communications go through to the main helpdesk or somewhere else? I have not come accross this address.

Col1234 Col1234 3:21 pm 24 Aug 11

MissChief said :

Bigger indoor/outdoor living areas and smaller blocks means privacy from neighbours is becoming more of a problem in Canberra. Our neighbours recently took the liberty of leaning over our fence to prune all the brushes we had along the fence line. We now have a clear view of their house, trampoline and tree house and their children have a clear view of our naked pool parties.

Wow that is bad, I don’t think our neighbours would go that far. Naked pool parties sound like the go.

Hank Hank 2:55 pm 24 Aug 11

What a deck!

jessieduck jessieduck 2:22 pm 24 Aug 11

ACTPLAComms said :

We’d be happy to look into this further for you – please send through your contact details including the street address. Email us at ACTPLA_Communications@act.gov.au.

Props to ACTPLAComms- I’ve seen you guys jump on to a few threads to clear things up directly and it’s awesome.

shirty_bear shirty_bear 2:12 pm 24 Aug 11

Well done, ACTPLA … 1 point.

(there really should be more gummint/police/etc following and contributing on RA)

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