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Legislative Assembly for the ACT: 2003 Week 1 Hansard (20 February) . . Page.. 397 ..
What should a person on a neighbouring property do if this structure has been erected less than 2.1 metres from the boundary fence?
How does one inquire into whether due process has been followed in a particular circumstance?
What rights does the neighbour (to the yard with the additional structure) have in regards to a structure too close to their boundary fence?
Mr Corbell:
The answers to the member's questions are as follows:
Development approval is required for any work that is not exempt under the Land (Planning and Environment) Act 1991 and Land (Planning and Environment) Regulations 1992. A shed, for example, is exempt work if it is not more than 10m2 in floor area, does not exceed 3m in height above natural ground level, it is not to the front of the residence and is the only class 10 structure (ie a non-habitable structure) near the associated boundary. If the shed has metal walls or roofing, these are not permitted to be white, off-white or a zincalume finish (untreated metal).
Proposed work that is not considered to be exempt work requires a Development Application to be submitted to Planning and Land Management (PALM) for approval
If the structure, for instance a shed, does not encroach into the minimum setback requirements, adjoining lessees would not have been required to have been notified. If a structure that appears to require approval has been erected on a block the neighbour can contact the Compliance Unit of the Development Management Branch, PALM to inquire as to whether the structure has been approved. If the structure has not been approved and an approval is required, the lessee of the subject block will be asked to lodge a Development Application and the complainant will be advised. If the structure is subsequently not approved by PALM, then the complainant may then apply for an order to have the structure removed.
One can inquire into whether due process has been followed in a particular circumstance by contacting the Compliance Unit of the Development Management Branch, PALM on (02) 6207 1752.
If the structure requires approval and a Development Application is lodged and requires public notification, the neighbour has the right to lodge a written objection with PALM within the notification period (2 weeks for single houses, 3 weeks otherwise).
If an approval has not been or cannot be obtained, then the neighbours can seek an order for the removal of the structure under section 256 of the
Land (Planning and Environment) Act 1991.
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