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[adammark]

Appreciate the assistance in advance!

 

We are the owners of a 2nd floor unit that is positioned where it has isolated views into the unit.

 

We are looking at enclosing our balcony. The two walls currently have a raill with glass below to the floor of the unit and are otherwise open. We would like to remove these and replace with a set that is both solid at the base and has bifold windows at the top. Basically creating an enclosure that can be ‘sealed’.All will be regulation glass and in line with building colours etc.

 

EC has in the past approved two other balcony enclosure with differing specifications. No by laws were passed for those.

 

Subsequently a new committee and chairman have come to run the EC. My application was lodged with the EC (researching State Exempt and Complying Development Codes is believe this to be exempt from approval under subdivision 27).

It has been 3 weeks since the committee meeting and the next is only due in 3 weeks time. Already however i am being told their would be a by-law required and that expenses related to this would be mine.

 

My questions are:

 

1. If a precendent has been set with 2 previous enclosures being approved – without a by-law inclusion – and, with my enclosure complying to council regulations, is there any reason for the EC to object my application?
2. If i it is insisted that a by law is passed prior to approval, why should the costs related to this be solely mine if a) it is in the benefit of all owners b)neither of the two who enclosed theirs paid for a by-law.
3. Lastly, how long is fair for an application to be considered?

 

With thanks!

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