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In 1992 my mother and father bought a block of land in

Customer Question
In 1992 my mother...

In 1992 my mother and father bought a block of land in Yanchep.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

They had retired from farming and searched for 2 years to find a block that had open space adjacent to it. The block they chose was the only block that fronted onto the Yanchep Golf course and so they designed a house which had 3 sides were open to the land zoned as recreation. The 3 sides were left open and they enjoyed the bush and golf course.

Lawyer's Assistant: Where is the land located?

The property is ****** Yanchep. In 1996 they were surprised to find that the Yanchep Golf Course had applied to rezone part of the Golf Course as residential. An objection was submitted, and received very well. So well that the council upheld their point of view and formalised special conditions to embody some protection to their interests. The approval became responsible to ensure their property was not effected. In particular a clause which has become known as Clause 1.e required the developer to work with the owners of the site. At a subsequent meeting without notice to the owners of the land the officers of the City of Wanneroo submitted a report which was false in many respects not least because no one from the council had met or inspected the site. The council (directors at the time because the council had been set aside) decided to allow the application to move forward but with conditions which required negotiation with the owners. One of teh questions during the meeting was had the owners been contacted. The answer was no. The decision by council is astonishing. The story was kept secret until the consultant to the developer contacted the Architect for the owners and went through an interview to establish mitigation for the owners. The a lawyers letter was sent to the council to establish the key issues of responsibility. The Council responded with an undertaking to deal with the key issues at the time the application is submitted to the WAPC, at which time the WAPC would request input from the City of Wanneroo and special conditions would be inserted in the land owners interest.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

An application for the development approval was finally submitted to the WAPC in 2014 and an approval was given to proceed after the City of Wanneroo had been asked for any special conditions, and had not given any in the interests of the owners of the land. Unfortunately the city of Wanneroo overlooked the responsibility it had to the owners and the lot 20. So the developers started work on the site.

Submitted: 3 months ago.Category: Australia Law
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Answered in 24 minutes by:
3/21/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,117
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

did the council ever follow up in writing after the application was submitted to WAPC to you

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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