24 August 2011

When is a deck not a deck?

| Col1234
Join the conversation
34

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.

Join the conversation

34
All Comments
  • All Comments
  • Website Comments
LatestOldest

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..

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?

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.

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 Antichrist6:33 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.

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…

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.

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?

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.

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.

Mr Waffle said :

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

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……

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

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!

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

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.

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.

What a deck!

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.

Well done, ACTPLA … 1 point.

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

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.

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.

I reckon a picture at this point is necessary. A huge deck with a roof surely would need a DA… where I live, a chook run needs a DA (which no one bothers with of course).

Google is your friend:

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

In particular:

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

7 years ago when we sold out last property it was 25m2 but now that seems to be restricted to car ports so 50m2 it is for pergola’s. It looks like the regs were changed in 2008.

How good is your eye measuring tape? From a distance 4 & 5 metres will look similar.

KB1971 said :

To wanswer yout question, anything 25m2 & under does not need a DA.

That’s a pretty big over simplification of the rules relating to exemptions from DA’s. For most structures, size is only one of the conditions the structure needs to meet (and if the size limitation is that it be a Class A structure, it’s 30m2). When that structure is a deck, a roof on it immediately means that it requires a DA.

I have no idea how an extension would somehow be exempt from the DA process, when this deck wouldn’t be – I guess someone is very familiar with all of the loop holes available.

KB1971 said :

To wanswer yout question, anything 25m2 & under does not need a DA.

I think it is closer to 50m2.

shirty_bear said :

The people who build these things are very cunning in terms of naming/classifying structures so as to minimise gummint scrutiny/involvement. Call it the right thing on the form, and the paperwork just gets a tick.
Suspect this is by design; this gummint seems to want builders to do pretty much as they please.

You are right about that. I was told that the certifier had been very inventive putting it in as an extension and not a pergola.

colourful sydney racing identity12:34 pm 24 Aug 11

Pictures please.

I seem to remember that last time a post like this appeared on RA all was not what the OP claimed.

Postalgeek said :

Any particular reason that your neighbour’s business is your business?

The height of the deck means that they can now look into the rooms at the back of the house and into our backyard. The 6ft colorbond fence we put up a few months ago no longer provides us with the privacy we had. We will just have to plant a hedge along the fencline that will screen it out in a few years time.

phil m said :

My neighbour over the back courtyard fence recently built a great big TV antenna on the top of his roof. This is annoying to me because their house is not on the same level as mine, it’s on lower ground and the top of his roof is eye level to me. They’re not big yards, it’s actually quite close to me. I used to have a nice view of clear sky, now there is this ugly lanky thing right there in the middle of it, poking out at me from behind the fence.

I’m pretty sure I can’t do anything about that either.

well you could always whinge about it on RIOT ACT

My neighbour over the back courtyard fence recently built a great big TV antenna on the top of his roof. This is annoying to me because their house is not on the same level as mine, it’s on lower ground and the top of his roof is eye level to me. They’re not big yards, it’s actually quite close to me. I used to have a nice view of clear sky, now there is this ugly lanky thing right there in the middle of it, poking out at me from behind the fence.

I’m pretty sure I can’t do anything about that either.

The people who build these things are very cunning in terms of naming/classifying structures so as to minimise gummint scrutiny/involvement. Call it the right thing on the form, and the paperwork just gets a tick.
Suspect this is by design; this gummint seems to want builders to do pretty much as they please.

Any particular reason that your neighbour’s business is your business?

To wanswer yout question, anything 25m2 & under does not need a DA.

ACTPLA are a bunch of jokers.

Its hugely common for ACTPLA to simply tick and flick approvals. Even when the original plans are significantly different from the end result, they do absolutely nothing.

A friend was forced to move from their house in Aranda due to the almost fully unapproved 55sqm house built next to them that overshadowed their house and took all the natural light due to the height of the house. When my friend complained to ACTPLA, they got a mouthful for doubting the government department.

sorry, what?

Daily Digest

Want the best Canberra news delivered daily? Every day we package the most popular Riotact stories and send them straight to your inbox. Sign-up now for trusted local news that will never be behind a paywall.

By submitting your email address you are agreeing to Region Group's terms and conditions and privacy policy.