VIC Query about new development site

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dianne23

Member
7 April 2020
1
0
1
We have a new residential development site being constructed to the North and East of our existing home boundary. The developer has built a trench adjacent to our boundary (30mm from our fence) with intentions of building a retaining wall. They have raised the ground level in this area by 570mm and the retaining wall is to shore this up. I have asked the developer if he is putting in drainage and silk pits and he has advised that he is only prepared to put in a membrane - I do not believe this will capture and contain not only the water seepage but also the soil. He also advised us that he is after this wall is built placing another 100mm of top soil over this new wall. I realize that a permit may not be required I would have thought that guidelines would have to be adhered to. My concerns are the long term stability, we will only have a fence height then of 1130mm from the developers side which would impact our privacy. They have also damaged the structural integrity of the existing fence with this new trench.
How do I find the relevant guidelines for a new development site with regards a retaining wall and is what he is doing legal? I have requested several times from the council a copy of the building permit which they still have not forwarded to me. We have never had any notification of this development either from the council or developer - the council claims they sent this notice out to all residents adjoining the development - I have inquired from over 30 of my neighbors and no one has ever received any notification. Should we have received a Protection of Works notice? Also should there be engineered drawings for this retaining wall. This retaining wall and the ground level will end up being 550mm above our flooring level of our home. Thank you for your time.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,525
906
2,894
Should we have received a Protection of Works notice? Also should there be engineered drawings for this retaining wall. This retaining wall and the ground level will end up being 550mm above our flooring level of our home. Thank you for your time.
Yes.
Yes.
And say you need a higher fence.