Thursday, March 17, 2011

Tribunal Adjourned, Then Adjourned Again - Date Unknown

Hobart City Council has decided to bring in a planner to fight me and take sides with a serial offender Soheil Mehrab-Khani.

This is after Council issued a partial demolish order on Unit 1, at which point the developer applied for a new permit for what he had built using plans from DGJ Potter and the Council BUT it wasn't for he all built --Council did not pick up the errors in the surveys. I was told on at least 3 occasions the surveys were correct.





Fisheye photo above taken at 12.00pm shows the tiny gap the sunlight has to get thru.

Above are some Council Sun Diagrams. On the right are Tecton Diagrams from 5 years ago. These are for 9.00am and 12.00pm. These diagrams were responsible for the planner of the day, Claire Hester saying there would be normal sunlight after 10.00am and Council Director Neil Noye saying that it would be normal after 10.30am.

The diagrams on the left hand side are a set of incorrect diagrams done for Council by DGJ Potter. He has left out the back of my house from these plans so no accurate sun assessment can be done! And yet Planners for Council and Mehrab-Khani have used this drawing to make claims that sunlight to the back of my house is acceptable, saying I will get 2-3 hours winter sunlight on the basis of these drawings!


Planner Liz Wilson claims in her report that the Tecton diagrams and the DGJ Potter diagrams are similar!!  You can clearly see this is not the case, the shadows are in different locations and have different shapes.

I had to pay for my own survey and sun diagrams. These were shown at Tribunal and caused a commotion because of the discrepancies. Tribunal ordered all surveyors together (I am not making this up!) and so 3 surveyors eventually agree that the height and levels on my survey are correct.


In another issue, DGJ Potter is claiming the fence is in the wrong place, contrary to the latest title listing as well as the oldest survey in existence of my property, which I have in my possession.
This is the oldest survey in existence --I know because I paid to get a search done 5 years ago. And it is drawn to scale.

But wait --there's more!

Besides the wonderful Freudian slip by DGJ Potter of costructed, he claims that the minimum required setback is 400mm and that they have actually built 460mm setback --both claims are wrong.




A child can measure 380mm from wall to inside boundary, yet I have to employ a surveyor to confirm this.

Building in the new millennium -- it takes 3 surveyors to get together at Tribunal to confirm the height of a less than 5 metre building!

Plans seem to mean very little because Ross Willis himself told us that the developer can build anything, because it would be subject to a Section 56 assessment by Council. And Council only seem to investigate if it is reported (and even then it must be reported often). At that point the developer applies retrospectively.

No comments:

Post a Comment