Chelmer … residents fighting each other … and Council
This site provides a particularly interesting lesson in town planning law … it seems to suggest that illegal construction cannot be stopped. As the upper photo suggests, neighbours were opposed to the raising of an "existing" house. It would be assumed by the average person that the development had been approved by Brisbane City Council or by private certification, otherwise the building work would have been illegal and presumably, a "stop work" order issued. Once it became clear that the work on site ie the height, allegedly exceeded the allowable and approved limit, the work is then either subject to confirmation or known to be illegal and again a "stop work" order might be expected, at least for the duration of the approval process for the recently discovered and one assumes, accidental breach of the regulations and approvals. Not so!
When these two photos were taken during the period for objections/submissions, building work was proceeding as if either there was no intention to lower the building. Thus the only other options were to alter the roof (thus materially changing the building) or allow the excessive height. Irrespective of the outcome, it appeared Council did not intend to hinder the development and arguably in so doing, encourages further breaches on the basis that residents concerns, even when supported by Council character protection policies and building regulations and approvals processes, apparently have no value. What is the alternative? Arguably, residents should be encouraged to act as the "eyes and ears" of authorities which seem increasingly unable or unwilling to enforce their own regulatory responsibilities. But does the Council have any regulatory responsibilities such as this? Those breaking the law need to be clear that authorities will proceed against the law breakers and that community "neighbourhood watch" activities are not only supported but welcomed by the authorities in this case it would appear, Brisbane City Council. Here the opposite has occurred. The local community at considerable social and emotional cost is fighting to preserve the character of the area and Council appears to have ignored those concerns, and apparently, by not even issuing a "stop work" order to confirm the alleged problem, appears to have condoned the illegal work … a process hardly likely to inspire confidence in the development control process by other than those wishing to cheat the regulations or to undertake approvals with inadequately or inaccurately prepared documents thus potentially fraudulently misrepresenting proposals to both community and Council.
 
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