NSW DA Objection Over Building Height?

Discussion in 'Property Law Forum' started by Jane H, 30 December 2018.

  1. Jane H

    Jane H Member

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    Hi,

    Can anyone help regarding an objection to a DA lodged by a neighbour?

    They have a property below us (east). While ours sits on top of a hill above. It’s one story and they are proposing an extra story which will obstruct our view. I know we have no right to the view however the property in question was built up substantially from the natural ground level putting their 2 stories significantly higher than their other neighbour on the left (north) who are higher up the hill.

    Currently, their single story is the same height as their double story neighbour who is on higher ground and higher than their double story neighbour on the southern side. Do we have grounds to object regarding it not fitting with the other building heights?

    The council seems to define the building height as from existing ground but this was not the case when we built our home and ours was built from natural ground. We do have access to the original survey of their land that shows the original contours of the property before they built it up.

    Thank you.
     
  2. Tripe

    Tripe Well-Known Member

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    You will need to check you local council for minimum building height.

    In my council area, you can build upto 8.5m,
    And you need council permission to go higher than 8.5m.
     
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  3. Rob Legat - SBPL

    LawTap Verified

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    You don't have ownership of a view, but you may have a legal right for your existing view not to be unfairly obstructed. The law on this and proving utility can be complicated.
     
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  4. Jane H

    Jane H Member

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    Thanks both for your help. We believe the maximum building height is 8m from existing ground however we are not sure if we have grounds to object re the definition of existing ground. In the housing code it defines existing ground as ‘measured from the ground level of a site at any point, before any earthworks (excavation or fill)’.

    The plans fail to note that the building is already built on over 1metre of fill, therefore, we believe the plans submitted to the council are incorrect and if measured from the ground before fill they would be over the height restrictions but we are unsure if council would agree with the same definition?
     
  5. Scruff

    Scruff Well-Known Member

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    I don't know anything about this kind of stuff, but it might help others if you explain if you have raised this issue with the council, and if so, what was their response.
     
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  6. Jane H

    Jane H Member

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    We’re just in the process of writing up an objection so no feedback yet from council I’m afraid. Just hoping our grounds for objection will be seen as valid by council.
     
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