NSW Material considerations for objection to neighbouring development

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Renovator11

Active Member
7 February 2019
10
0
31
We have received notification that a neighbour has a DA for additions to their property. There is already significant overlooking issues from the property which we cannot do much about. The new development will add additional points of overlooking and sources of noise even closer to our boundary. I intend to object to the development based on several aspects of Council's DCP that mention visual privacy and noise.

From reading on the internet about grounds for objection, it seems that they can only be "material considerations". As I understand it, this means conflict with the DCP or LEP.

The neighbour has a personal issue with me and has intentionally harassed my family from the existing points of overlooking over a long period of time. This makes the proposed development quite significant from a privacy perspective. We have also been subjected to intentional noise for purposes of harassment (music left on very loud pointing towards our property when owner goes out etc) which we have documented.

When writing to Council to outline my reasons for objection, should I mention that we experience this harrassment in the hope that the town planner would consider the privacy concerns more seriously? I would do this in factual way, leaving emotion out of it. Is this a material consideration? The way I see it, if something has been demonstrated, it is no longer just a theoretical possibility. On the other hand, I wonder whether it will be taken that the objection is driven by personal feelings.

Any advice appreciated.
 

Renovator11

Active Member
7 February 2019
10
0
31
Bump - Has no one had any experience in objections to development applications? I need to submit this and am still wondering whether I should mention the impacts on our privacy due to harassing behaviour. Even if it is not a material consideration I would hope that mentioning it might add more weight to the fact that there is non-compliance with various parts of the local DCP.