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  • #7709
    Will-NSW
    Flatchatter

      The Owners Corporation for the residential strata scheme I live in has been notified of a DA for some very unfortunate “Heavy Industry” nearby.

      Noise and visual amenity impacts are the main concern of lot owners, many have objected – as lot owners.  It will run 24 hours a day! Surprised

      The owners corporation was notified by council. Can the Owners Corporation object in its own right?

      If so, could the EC resolve to engage a town planner to object on the OC's behalf?

    Viewing 6 replies - 1 through 6 (of 6 total)
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    • #13920
      FlatChatFan
      Flatchatter

        If you live in NSW, lots of luck!  No matter how many people complain the developers just go to the Land and Envionment Board and it gets through any way.  You would need thousands of individuals complaining and as some recent developments in Sydney show, developers “rule”.

        Local councils seem to be influenced by numbers, so the more individual residents who complain the better.

        In my suburb there were a group who were very involved in door knocking, petitioning, and attending council meetings to protest a part residential and retail development that was out of character for the area, and not needed.  It will create extra traffic in a small lane going past a pre-school kindergarten entrance.  The lane is already being used as a 'rat run' by cars as there are only two roads that allow a right hand turn onto the main road going through the suburb.

        All the protests only delayed the inevitable for about six years.  The original developers sold out, but it still went ahead and the heavy machines have moved in.

        #13924
        Jimmy-T
        Keymaster

          JeremyS said:

          Can the Owners Corporation object in its own right?
          If so, could the EC resolve to engage a town planner to object on the OC's behalf?

          Yes the Owners Corproation can and should object as a responsible body representing the views of the majority of residents. In fact, if you don't, the developers won't hesitate to point out that the OC of your building raised no objections.

          And yes your OC can hire a town planner to formulate your objections in a language and format that planners will understand. 

          The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
          #13927
          struggler
          Flatchatter

            When I was living in my last apartment, the local council wrote to advise they were changing the zoning for a sports club which was surrounded by houses, so that a high rise development could be built (though the surrounding houses were not going to be rezoned to allow high rise).  So we would have had a tower sticking out from amongst the californian bungalows.

            Though I was in an apartment block, I protested this development.  It was unfair to those around it, it would increase parking problems that already existed (due to the large number of apartment blocks that were already in the area such as mine and because the development would only have 1 car park for each 2/3 bedroom unit) and the streets leading to this development could not have taken that much more traffic.

            I like to think by getting off my behind and writing my objection that I contributed to this development being shelved!  Instead of a huge tower they built some terrace houses that look great and fit in with the surrounds and with enough parking.  

            So write in, state your case!  Put in every and any negative you can think of for this proposed development (noise, pollution, traffic, parking, unsightly, heavy vehicles (dangerous for elderly and children crossing roads).  Get everyone to write in including the OC.  I know one thing for sure – it will go ahead if no one says anything.

            #13936

            Jeremys & Jimmy,

            I have had some experience in this area and would suggest going down this path with some real caution.

            The owners can make a joint submission, but the OC has some issues in making this submission and spending funds on a matter not related to the common property of the owners corporation.

            Similarly if individual owners each made submissions (considering they are rate payers) then council should pay attention.

            Mr S

            #13944
            Will-NSW
            Flatchatter
            Chat-starter

              Mr Strata said:

              The owners can make a joint submission, but the OC has some issues in making this submission and spending funds on a matter not related to the common property of the owners corporation.

              I don't necessarily disagree with you… but if you take this argument to its logical conclusion, the value of common property is independent of its location/surrounds. It is merely dependent upon the bricks and mortar value?

              Say a common property area has a nice view that is used by lot owners – shouldn't the OC have a right (not necessarily a duty) to protect the view from / amenity of common property?

              #13952
              Jimmy-T
              Keymaster

                I'm with jeremy on this.  Our EC frequently makes submissions on City of Sydney DAs and they are often taken into account.

                The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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