Hi,
We have recently paid a deposit for a land in a new development. It was under construction by the time we signed the contract and we have got a disclosure plan that shows basic contour lines and three retaining walls.There was a half a meter fall across the lot and we didn't see a big issue with that. We have been working with a builder and even they didn't realized a big issue in this lot.
However, after they did the site inspection they found that we have an issue with that little fall over. There is a 7m filling in this lot and there are 3 retaining walls around the lot already. They all are over 1.5m high and they all are done just to current level of the lot. When we cut from the high side and fill the low side, we have to build two new retaining walls. Because we are not allowed to alter the existing ones, we have to build two new retaining walls closer to the existing ones. Because of the filling and building closer to the existing one, we have to build an engineer design retaining walls. This is not only very expensive but also we lose more than half a meter of our frontage.
Developer could have leveled the lot easily when they do the initial development. They claim they did it in this way for drainage purposes. But there is no way to build a house in this lot without building a retaining wall.
I have talked to a town planner and I was told normally there shouldn't be major ground work after they do the sub division. Unfortunately they have submitted the same levels in the plan of development. So there is nothing wrong they have done as the plan of development. But because of this poor development new buyers have to spend a lots of money for site costs.
I am just wondering if we have any ground to take this developer to QCAT?
Thanks
We have recently paid a deposit for a land in a new development. It was under construction by the time we signed the contract and we have got a disclosure plan that shows basic contour lines and three retaining walls.There was a half a meter fall across the lot and we didn't see a big issue with that. We have been working with a builder and even they didn't realized a big issue in this lot.
However, after they did the site inspection they found that we have an issue with that little fall over. There is a 7m filling in this lot and there are 3 retaining walls around the lot already. They all are over 1.5m high and they all are done just to current level of the lot. When we cut from the high side and fill the low side, we have to build two new retaining walls. Because we are not allowed to alter the existing ones, we have to build two new retaining walls closer to the existing ones. Because of the filling and building closer to the existing one, we have to build an engineer design retaining walls. This is not only very expensive but also we lose more than half a meter of our frontage.
Developer could have leveled the lot easily when they do the initial development. They claim they did it in this way for drainage purposes. But there is no way to build a house in this lot without building a retaining wall.
I have talked to a town planner and I was told normally there shouldn't be major ground work after they do the sub division. Unfortunately they have submitted the same levels in the plan of development. So there is nothing wrong they have done as the plan of development. But because of this poor development new buyers have to spend a lots of money for site costs.
I am just wondering if we have any ground to take this developer to QCAT?
Thanks