Have you recently received a letter from Council about a neighbouring development application and have some concerns? This article provides some key tips on how to write an objection letter based on our extensive experience.
Town Planning Collective take pride in our expert quality development application objection reports. We prepare objections for any type of development throughout NSW, Queensland and Western Australia.
When you receive a notification letter from Council that a neighbour has submitted a development application it can be a stressful and confusing time. It is difficult sometimes to understand the plans and reports and to know exactly what your neighbour is planning on doing and to understand whether the development will impact you and your property.
We have put together a step by step process to ensure you are able to review and craft a response to Council.
One of the biggest stresses that people have with objection letters is the limited time that is provided by Council to submit the objection letter. What makes it worse is when our clients call up the Council officer to seek additional time only to be told that they MUST get a submission into Council by the deadline!
There are two options to create more time to submit an objection and we will discuss both of these:
Option 1. Seek an extension to the notification deadline
This was the recommended step we encouraged for our clients in the past as it gave an extension from Council to submit the application within an extended timeframe to allow sufficient review. This is no longer the preferred option as Council is now less likely to provide extensions to deadlines due to changes in processing timeframes etc. The legislation has also changed to restrict the requirement to consider submissions that come after the deadline. Despite this, we still have clients that have success with this step, particularly with larger projects they are objecting on.
All you need to do is contact the officer by phone or email and seek an extension for the notification deadline. It is often best to seek a 7 or 14 day extension and provide a reason (you only just received the notification, or need further time to review the documents). If the Council officer agrees, then ask for the new date of submission.
Option 2: Provide a summarized objection
This option is our preferred option if time is an issue for your submission. The idea is to submit a DOT POINT objection with the main concerns in short, concise dot points and at the end of the submission state that a more detailed submission will be submitted to Council within 14 days.
You can utilise our template below to send to Council using this option:
To whom it may concern,
We are writing to you in regard to the development at INSERT ADDRESS (DA NUMBER).
We have reviewed the plans and documents provided and have put together the following summary of our concerns:
Please note that we will be provide a more detailed submission within 14 days once all documents have been appropriately reviewed.
Note: The steps above are optional and you always have the option of engaging Town Planning Collective to prepare the report within the timeframe.
The next step in the process is to review all the documents that are available on the DA tracker (if the Council offers this service). This is often the biggest headache for people with this process as there are often several documents available and they don’t know where to start or what they should be looking for. Below is a brief description of the documents that you might come across with a development application.
Survey plan
The survey plan is generally required by a number of Council for development application. This plan is prepared by a registered surveyor and provides an accurate plan of the property as it currently is. The survey plan will provide lot dimensions, topographical details, details of the heights in AHD (Australian Height Datum) or commonly referred to as Above Sea Level. The survey plan will show where trees are located as well as any easements or restriction on the title. This is a document that can be referred to so that you can get a base level for heights (showing the existing height of the building).
Site Plan
The site plan is the “birds eye view” of the property and highlights what is being proposed on the site. Sometimes this will be highlighted in a different colour, or shading, and sometimes it will have two different site plans showing the existing site and the proposed site. It is usually best looking at the site plan in conjunction with the other plans as well as the Statement of Environmental Effects.
Floor Plans
Floor plans are not normally provided on the Council DA Tracker website for privacy and copyright reasons. They will often be available for physical viewing however at the Council administrative building.
Elevations
Elevations show the sides of the building in relation to the existing and proposed ground levels and is the best way to figure out the intended height of the building. Sometimes there will be two sets of elevations (existing and proposed) and other times the elevations will just highlight what the proposed works is. The elevations will also show window locations and privacy screens. The building will show heights in RL (reduced levels) which are based on the height above sea level (AHD).
Sections
Sections show the cross section of the building and is a good way to identify what the actual height of the building will be. It is also a good way to see the height of the floors and basement and identify the excavation of the site.
Shadow diagrams
Shadow diagrams are always shown on June 21st at 9am 12pm and 3pm. Sometimes the architect or draftsman will show different times and dates but June 21st is used as this is the winter solstice and is worst case scenario as it is day of the year with the shortest amount of daylight and the longest shadows. Therefore the shadow diagrams provided with development applications show a worst case scenario so that you and the Council planner will be able to determine the maximum impact of the development.
Statement of environmental effects
The statement of environmental effects is one of the most important documents with a development application and should be the document you read first. If written correctly it should detail what the development application involves and will also identify where the development does comply with the Local Environmental Plan or the Development Control Plan. Sometimes the Statement of environmental effects will also be accompanied with a Clause 4.6 Variation Request which seeks a variation to a development standard (such as height or floor space ratio). If the statement of environmental effects doesn’t contain much information then you can include this in your objection letter and ask for Council to request a more detailed statement.
Bushfire report
A bushfire report will provide an assessment of the site in relation to the bushfire risk. The report will assess where the bushfire source is in relation to the proposed building and provide a BAL (Bushfire attack level) for the construction of the building. The report will also provide a APZ around the building that will need to be maintained and free of dense vegetation and trees. This is a report to read through and check whether the development will involve sufficient tree removal.
Stormwater management plan
The stormwater management plan will detail how the site will handle stormwater. This needs to be checked to ensure that the proposed stormwater measures aren’t going to impact your property and to make sure they aren’t forcing an easement upon you to drain their water.
Arborist report
This report will detail the removal of any trees on the site. Read through this to identify which trees are to be removed and if there are any impacts as a result of the tree removal.
Traffic Impact Statement
For larger developments, a traffic impact statement might be provided. This report outlines the impact the development will have on the local traffic network and will detail the truck and vehicle movements for the site. The report might also provide details of internal vehicle movements.
Acoustic Report
Where there is a potential noise impact of the development on surrounding neighbours the development application might be accompanied by an acoustic report. Acoustic reports are generally not required for residential developments except for circumstances such as inclinations and elevators and are usually provided for developments such as child care centres, boarding houses, industrial buildings, pubs and clubs etc.
Heritage Impact Statement
Heritage impact statements are required for development on heritage items or within heritage conservation areas. These reports must be undertaken by an expert and detail the impact of the development on the heritage value of the property.
Geotechnical Report
Geotechnical reports are required when the land is mapped as being in a landslip area or when the excavation is substantial. These reports are prepared by a geotechnical engineer and will detail the risk of landslip for the development and outline any recommendations.
Once you have reviewed all the information provided with the development application now it is time to start your objection letter. The best advice I can give is to write the objection letter removing as much emotion as possible. Your point will come across stronger if it is based on fact rather than emotion. In particular do not use phrases such as “how can Council consider a development such as this!”. This was a common phrase for a lot of the objection letters I read while I was a Council officer and unfortunately Council MUST consider every development application that is submitted. Council are not out to get you (generally) but they are only doing their job.
It is often best to prepare you submission with references to relevant planning documents such as the Local Environmental Plan and Development Control Plan. For example… if you have an issue in regards to the height of the building then find what the allowed maximum height of the building is by looking up the site on the planning portal. The planning portal is a great tool that shows you information from the Local Environmental plan such as the zoning, height, floor space, heritage value as well as information such as bushfire and flooding information.
Structure your submission in headings that relate to the issue ie: Height, Overshadowing, Privacy, view loss etc.
Dot points are completely fine for an objection letter. Don’t feel that you need to provide paragraphs of text to argue your point. A simple dot point pointing out an issue will go a long way in letting the assessing officer know what you have concerns over. Inclusion of photos and diagrams can also go a long way to showing the officer the issue.
We know that emotion is a big part of a submission but please note that most standard developments eventually get approved in some way as everyone is entitled to develop their land. Your goal through your objection is to minimise the impact that the development has on your property. You want to convince the reader of the objection letter that there is either a better way of achieving the same result (perhaps through mitigation measures such as privacy screens, landscaping or by reducing the roof height) or by pointing out that the development is not suitable for the site.
Sometimes objecting to a development application is a numbers game and encouraging multiple neighbours to submit an objection is beneficial. For development applications if there is significant objections then it will be required to go to a planning panel for determination (rather than just approved by the officer). The planning panel is comprised of a panel of independant experts as well as Council officers who make an informed decision without internal politics weighing them down. Development applications going up to a panel meeting for determination will also mean that you are able to voice your concerns at the meeting.
So it is worth encouraging neighbours to make a submission, even if this is a simple 1 line email stating they don’t approve of the development.
One thing to note is that each submission needs to be written individually and in their own words. You cannot just get them to sign a pro-forma submission as this will not be considered an individual submission.
Overshadowing is a major concern for a lot of neighbours located besides development, particularly when building height or bulk is increased.
Development applications will generally be accompanied with shadow diagrams to show the extent of the shadowing. These plans are often difficult to review (sometimes even we have difficulties in determining overshadowing based on plans). The plans will often include existing shadows. If overshadowing is a concern then it is worthwhile raising it in your objection letter even if you aren’t certain about the extent. The Council officer will review the concern and if new shadow plans are required then they can seek additional information.
Note: Shadow diagrams are generally based around the shortest day of the year (June 21) to show the extent of the shadows (noting that these shadows are generally at their greatest length on this date). There is not normally a requirement to show overshadowing for any other time of the year as the legislation is based around June 21.
Privacy impacts are often a primary concern for neighbours, particularly when dealing with new decks, balconies and upper floor extensions. These privacy concerns can often be mitigated through privacy screens, changes to windows or removal of balconies. This is a valid concern for any neighbour and should be brought to the attention of Council.
Note:
Bedrooms, bathrooms and stairways have less “right” to privacy compared to kitchens, living areas and outdoor entertainment areas. This is because bedrooms and bathrooms are not frequented as often as other areas and there is a general thought that these areas can be self managed through privacy blinds or curtains. This doesn’t mean that a bad design should be accepted, but areas of entertainment are held in higher regard for maintaining privacy.
Visual impact is the impact the development will have as viewed from public places or your property. This is a concern that is normally in regard to large walls located on boundaries or where the property will be “overbearing” and dominant compared to other properties.
A recent example of this that we assist with, was for a development for a terrace dwelling (town house) that was proposing a three storey building on the side boundary. The result of the building was a three storey blank wall that was directly on our clients boundary which would directly impact their property. We successfully had this development refused and a complete redesign was required by Council to reduce the overall visual impact.
Bulk and scale is a term that is thrown around in the Town Planning world which essentially means that the development is too big. It often links directly with other concerns such as building height, floor space ratio or visual impact. It is a term that can be used to just explain how the feel of the development does not fit and the developer is overreaching with the design.
View Loss
View loss is a primary concern for a lot of development objections. It is noted that there is no “right” to a view but there is a lot of legislation about maintenance of views and view sharing. Things to consider with view loss is where the view is observed from, the extent of view loss and the design of the development. The legislation considers whether the development is appropriately designed and/or whether a better design could achieve a better level of view sharing.
Note: It is recommended if there is a view loss that you engage our services as the process is quite involved and uses case law to determine whether a valid view loss results.
Character and Streetscape Impacts
Character and streetscape impacts are when the development is out of context for the area. This occurs when the design, style or scale of development within an area is consistent and the proposed development is proposing something that goes against this consistent design. Examples with this are when all houses are single or two storey with large setbacks and the proposed development seeks consent for a three storey dwelling with minimal front setbacks.
Heritage
Heritage concerns regarding development within heritage conservation areas and development adjoining heritage items is another concern to consider with your submission. These types of development should include a heritage impact statement which addresses the heritage impacts, if this is not included for heritage impacted developments then this is something to consider. For these types of objections it is sometimes best to get a professional planner involved.
Traffic and Parking
Traffic and parking impacts are a common concern particularly when the development is for a larger scale development or proposes a new access.
Excavation Concerns
A common concern is when excavation is occuring with the development, particularly for basement level parking areas. The concern is regarding potential damage to property due to vibration or concerns regarding movement in the ground. It is suggested that you require a dilapidation report to be prepared as part of the conditions of consent.
Getting a town planning firm to assist with your submission take the stress out of the process. The submission is undertaken by our Principal Planner who has over 15 years of experience i development objections with particular experience regarding view loss, heritage and the general process. Our clients feel at ease throughout the process and know that all concerns will be raised and the best objection put forward.
Our process is simple and structured to minimise the stress and ensure everything is prepared and reviewed prior to the submission deadline. You should expect the process to follow the following steps:
Submit a request for a quote using the form below or email us direction at admin@theplanningcollective.com.au
We review the plans and concerns and then send you through a quote to assist with the objection.
Once the quote is accepted we organise a phone discussion to talk further about your concerns and answer any questions. We like this to occur as soon as possible to minimise delays and ensure we can meet the deadline for submission.
Following our discussion start the process of preparing the report. We use relevant case law in our assessment and prepare a thorough assessment. The assessment is prepared to put the best arguement forward to achieve the desired result to remove or mitigate the impacts of the development.
Once the report is finalised we send it through for review. Time permitting, we like to send this through at least a full day before the deadline to allow for a review and any subsequent changes. This part of the process will often trigger additional thoughts, clarifications or concerns that might be raised from reading the report. At this stage we can still add to the report and we will keep reviewing until everything is covered. Once it is complete then you are able to submit this to Council as an official submission.
Our objection reports start at $1900+GST and will be quoted depending on the development type, the concerns raised and the number of people (if you have a few neighbours wanting to all share the cost for the report).
Fill out the form below to get a quote for an objection report or if you need assistance with your project.
You are most likely visiting this page because you have received a notification from your local Council in relation to a development application and you are concerned about the impact of the development on your property. Please note that you are not alone! This is a common inquiry and is something that we assist many client with. The following article attempts to give you some idea of what you need to do to prepare your own development objection.If the thought of preparing your own objection letter cause you anxiety then please feel free to get us to assist!
When you receive a notification letter from Council that a neighbour has submitted a development application it can be a stressful and confusing time. It is difficult sometimes to understand the plans and reports and to know exactly what your neighbour is planning on doing and to understand whether the development will impact you and your property. We often receive emails from people not knowing where to start with a development objection letter so we thought we would take some time to provide a bit of a guide to preparing an objection letter.
This blog was written more than a five years ago and has become one of our most popular page on our website with hundreds of people each day visiting the site wanting to know how to review plans or work out if their neighbours DA is going to impact them. We have helped many of these concerned residents with their objections and have a great track record of reducing the impact and stress on our clients with our objections.
Please note that we write objection letters and have a fantastic rate of success with our objection letters resulting in changes to the development plans as well as many refusals. If you are wanting a high quality report then please contact us. Our objection reports generally start at $1800 but this little investment can go a long way in helping retain the value of your property. Please fill out our form at the bottom of the page if you would like a quote for us to assist with an objection letter!
If you are on this article then you have most likely received a notification for a neighbouring development application and you don’t know what to do and where to start. To help educate you in the process and assist you with crafting your own objection, our Principal Planner (also known by many clients as the Objection King) gives you the tools you need to craft your own submission letter.
Fill out the form below to get a quote for a development objection letter or if you need assistance with your project.
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