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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43253
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Port shire amalgamated with cairns, and my block is in port

Customer Question

Port douglas shire amalgamated with cairns , and my block is in port douglas and my plans were passed by cairns council to build, the douglas shire then de amalgamated from cairns and returned to its original council. I asked for an extension of time to build and was told I had to submit my plans again and they have been refused by the douglas shire, I have been 12 months trying to get my Plans approved to start building, and nothing is resolved the problem they say is the access which is on a unused and is to steep to be used, road which had been engineered for an access drive into my property, the council have admitted it is well engineered but don't want any trees (which according to the landscape designer and he us a horticulturalist)they are all feral and are landscaped to be replaced. Can you advise me of my rights in this situation.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Did you obtain legal advice about the validity of your original approval?

Customer: replied 1 year ago.
No it was quite legitimate, the cairns council had taken over from the then redundant port douglas shire, my plans had to at that time be approved by cairns which they were, because of the world financial crisis we had to wait 3 years to start building by that time the port douglas shire had de amalgamated from cairn council I approached the council for a building time extension and then. All this started I would like to know if my plans once approved have to be approved all over again and if they have the right to delay them as they are doing
Customer: replied 1 year ago.
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Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Once approved they are approved.

If you do not comply with the time, the approval can lapse.

You should not have had to relodge the approval again if the approval was valid.

If they are still valid all you have to do is go to QCAT and get the extension that council has refused. If it is not still valid then you have to start again.

Customer: replied 1 year ago.
Thank you Leon, I did apply for an extension and was told that I had to be at least half way through building to obtain an extension of time. The time I had left was approx 3 months. Now they have had the plans for 12 months and still nothing has been resolved. Apparently they don't have a problem with the house plans but do not want my access to be off the road reserve no one can work out why as it has all been properly engineered and previously passed by the then cairns council.
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If they are refusing to allow the extension, you will need to take the matter to QCAT

Only they can overturn the decision of council.

If the original decision took all the variables into account and passed it then is it valid. You have to fight it.