VIC Neighbour wants to build garage on boundary line

[House owner]

My neighbour has their planning permit approved in 2014 and they have been granted an extension I have been advised by the council the planning permit is approved by the council as they plan to build the garage on the boundary line the length will be a continuous wall of 11 metres town house 1 will have the height of 2.7 metres and two house 2 will have the height of 3.2 metres advise from council neighbour can legally do this. What can I do or specify if I do not want any guttering overhanging onto my land what about damage to my land when they erect on the boundary line. Can I still request they build with the 200 mm distance. As building on the boundary they have written to me to seek permission to come onto my land and to remove fence please advise what can I do as this will be an eyesore for me

 

[John R]

@House owner - Which council? Each council/LGA has their own planning scheme and most are very detailed - Browse Planning Schemes

 

[House owner]

Whitehorse council victoria

 

[John R]

1. The Whitehorse City Council Planning Scheme is available at Ordinance. It is presently 1,048 pages long so may be a bit overwhelming to start with.
2. Have you contacted Whitehorse City Council to obtain a copy of the development approval/s for your neighbour's property? You may need to find the approval in the Register at https://eservices.whitehorse.vic.go...GeneralEnquiry/EnquiryLists.aspx?js=608178838 and then phone/visit Whitehorse City Council to obtain the actual approved plans with supporting documents/explanations (which should usually refer back to the Planning Scheme), etc.

 

[House owner]

Done all that so they have the legal rights to build on the boundary line i just have to live with that

 

[John R]

Hi @House owner
Thank you for the update.
My only other suggestions are to:

1. Speak to the neighbour/property developer and set out your concerns. If you have money available, you may suggest that you will cover the reasonable costs of varying/amending the development/building approval permit to accommodate your concerns.
2. Respond to the (informal or formal) Fencing Notice and advise that you do not give consent/agree to the removal of the dividing fence because of your concerns. This should then encourage you and your neighbour to mediation to resolve the fencing dispute (and hopefully your related concerns). See also Fencing | Dispute Settlement Centre of Victoria