Anthony Raymond Potts
Featured Planning IssueUnauthorised works being pursued by Councils
Over the last few years we have noticed an increase in the number of property owners who are being issued with notices by councils regarding illegal structures or illegal use related to their properties. Usually this has been triggered by a neighbour making a complaint to council, however in other cases council actively reviews adverts for rental properties (especially for granny flats or Air bnb) and then they check their records to see if approval has been granted or not.If approval has not be granted, council will send a letter, usually asking for demolition or directing you to seek approval for the illegalities (either usually needs to be done within 21 days or so). This can be a very stressful time for owners because in many cases they assumed the structure, and it's use, was approved.If you receive such a letter do not ignore it or potentially fines can be issued without further notice. Best to act on it quickly. If you are in this situation, send us an email or call to discuss what options are available.
* There has been a trend recently for councils to need an application for a Building Information Certificate as well as a Development Application. To support the DA the supporting documentation has expanded accordingly and includes a survey, full set of plans, full set of compliance certificates, BASIX, Waste Management Plan and Statement of Environmental Effects, to name a few.
* In addition, recent changes to BASIX contain higher standards but with some exemptions, however unauthorised Granny Flats are specifically not excluded from the new standards.
* Although the approval process is now more difficult, there are serious home insurance implications if an unauthorised Granny Flat suffers a fire and destroys that structure or allows the fire to spread to the main dwelling.
Environmental Planning Approvals
Council Development Approvals ABN: 85037836327 Environmental Planning consultants based in Sydney, Hornsby, NSW. Managing Director: Anthony Raymond Potts Qualifications:
* Masters degree in Environmental Planning
* Diploma of Project Management
* Full Member of the Planning Institute of Australia * Experience working with Sydney and regional councils. Services Summary: * Development Applications to Council * Environmental Impact Assessments
* Land Surveys * Sub-Division Applications * Sub-Division Certificates * Certified Arborist Reports * Objections to Council * Project Management * Development Feasibility Reports
* Masters degree in Environmental Planning
* Diploma of Project Management
* Full Member of the Planning Institute of Australia * Experience working with Sydney and regional councils. Services Summary: * Development Applications to Council * Environmental Impact Assessments
* Land Surveys * Sub-Division Applications * Sub-Division Certificates * Certified Arborist Reports * Objections to Council * Project Management * Development Feasibility Reports
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I Customer Review: *****
We contacted Anthony at Environmental Planning Approvals when we had a complicated issue to resolve with Hornsby Council involving a section 4.2 for our dream house build (modification to an existing DA approval).
With Anthony's practical help and excellent knowledge of the most suitable format and process to approach Council with our response we were able to achieve a positive outcome in a very short time frame. All of this at a very reasonable price considering the time and thought and many phone discussions involved. In addition to producing the response documentation Anthony also assisted by directly communicating with Council prior to and after submission.
This professional approach on our behalf assisted greatly as council were able to provide direct feedback on a peer to peer basis that is often difficult for a layperson to obtain. We can only highly recommend their service to anyone who is finding difficulty with their DA process. Engaging a professional service such as Anthony's will save you much heartache and uncertainty in the sometimes confusing world of planning approvals.
We can't thank Anthony enough as we doubt we would have achieved the same outcome and may have been left with a far more expensive and time-consuming option of starting a complete new DA!
Pete and Jude Best, Cowan, NSW
Consultants on all Environmental Planning & Town Planning issues:
* Council Development Application ApprovalsWe can help you to achieve your goal of developing your own land, be it a new dwelling, secondary dwelling, dual occupancy or sub-division of land.
* Retrospective approval of unauthorised structures also available.
* SurveysA well prepared survey is essential to support any DA to council, we can provide a wide range of surveys to suit your particular development.
* Certified Arborist Reports
Recently many Development Applications to council need an Arborist Report to identify any trees they may be impacted on the subject property or even the adjoining property. Council requires the Consulting Arborist, who will prepare the report, to have a minimum qualification of Australian Qualification Framework Level 5 (AQF5) in Horticulture (Arboriculture). We have certified Consulting Arborists who are experienced in the preparation of these reports.
* Statement of Environmental Effects Development Applications need to have a Statement of Environmental Effects which outlines the reason why the development will not negatively impact the environment or how to mitigate any identified impacts. We are experts in preparing these reports.
* Sub-Division Applications With the tend towards higher density zones within cities, there is often the opportunity to sub-divide land and construct an additional dwelling for sale or rental return. We can help gain council approval for all sub-division types to unlock the potential in your existing property.
* Building Information Certificate and Continued Use Development ApplicationsOccasionally it becomes apparent the a structure on your land, such as a garage, extension or secondary dwelling, does not have council approval and council issues an order that it be removed. We can help with the process of gaining retrospective council approval in such cases.
* Objections to Council We can act on your behalf if your neighbours land is proposed to be developed in a way that will negatively impact upon your amenity and mitigate the potential to reduce your property value.
* Project ManagementA full range of project management services are available which includes coordination of specialists such as Ecologists, Arborists, Surveyors, Architects, Civil Engineers, Contamination consultants, Traffic consultants, Bushfire consultants, Geotechnical testing, BCA consultants and Hydrologists.
* Development Feasibility Reports
We have been receiving requests for development feasibility reports from people who are looking to purchase a specific property. Sometimes they wish to confirm if a subdivision can be done or a Dual Occupancy constructed. At other times potential buyers want to confirm whether what a real-estate agent has said about what they can do with the property, after purchase, is correct or not.This is all part of the due diligence process and is a small cost compared to the price of houses in Sydney now and gives some peace of mind that your planned renovation, knock down and rebuild or sub-division is potentially achievable.
Another way to use these feasibility reports is if you are thinking of developing on land you already own. In this case we can review all the council rules and regulations (usually the LEP and DCP rules) that apply to your property to give you an idea how hard or easy it maybe to get council approval.