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Jacobs is live along the Great Ocean road at Separation

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Peter Jacobs is my...

Peter Jacobs is my name I live along the Great Ocean road at Separation Creek . We had the bushfires just over 2 years ago now directly affecting my property. Works by the State Govt. and the Colac Otway Shire have continued unabated along my Drive Stanway Drive for 2 years now . Council under a Vic Roads grant of 1.6 million dollars plan to start re stabilising above and below my road in one months time . I have had a meeting with the CEO and project manager and they refuse to consider my easier more aesthetic and realistic solution to a problem that I believe is non life threatening. I run accommodation with 3 units and have just got my units functioning now after the fires. My only income . Noise starting times and access to my property are my concerns . How or can I try to get a stoppage for the works . Council meets next Wednesday to vote on it and I will be in attendance . I have written to all the 7 Councillors. I would want another independant GEO Tech report done on my hill above the road . Landslip issues are the concern . One Councillor told me to go to the Ombudsman. My contacts are 52890462 and email***@******.*** Thanking You

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

Only the letters to the CEO and Councillors and have asked in writting that I be gained access to my property at all times with which 3 proposed contractors said they could not do .

Lawyer's Assistant: Where is the property located?

Customer:*****200meters off the Great Ocean Road we live at the end of the drive and only have one access into it beside the creek

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

Can I get an injunction or something to stop these unbelievable 5months works

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/22/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

if you wish to seek an amendment to the plan, and they refused to make any concession, as it is a government department you can take the matter to the ombudsman they do not have the right to amend the plans.

If you want court orders that the plan could be amended to what you want, then you are going to have to commence proceedings against the Council.

With the current plan, did you lodge an objection at the time they were proposed or were you not given the opportunity to do so?

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Customer reply replied 3 months ago
I have continually asked for the engineer drawings and were only given a copy of the a couple of weeks ago and were appalled at the solution . My meeting with the CEO has been my only connection along with talking to various contractors whom one out of the 12 I could work with and this I stated as they would acquire my valley for trucks and accommodation for workers . but the CEO said they could not influence the tender process . They finished last Wednesday
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

when you say they finished last Wednesday, do you mean the tender process or do you mean the work?

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Customer reply replied 3 months ago
The tenders finished
Customer reply replied 3 months ago
I have to go out now I am sorry could I continue tomorrow at some stage Peter
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

I'm happy to continue tomorrow I look forward to hearing from you when you are available.

If you wish the pay an extra fee, it may be easier if you elect to have a phone call but I'm happy to continue typing here.

I will wait for your contact tomorrow.

Regards,

Leon

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Customer reply replied 3 months ago
Hi Leon
Sorry I have not contacted you for a day or two . Been occupied . My preferred contractor has not got the job . and I have a written response back from Council stating that 1 . Works will commence at 7am
2 Access to my property will be maintained. 3. Our Design still stands . I wrote to all Councillors outlining my concerns . and they will vote at the Council meeting on this Wednesday . I will be there to ask a few questions . Already today I have had to turn down a prospective accommodation booking for the 17th April for 5 days at $745 as she does not want to be subjected to noise at 7am only 20 meters away. I am working now on the angle of environmental damage to our creek as an large excavator has to basically dredge the creek in order to seat the large rocks . We have unique fish in our creek including rare stone fly larvae and Galaxias which will be destroyed. I am trying not to get angry and do something that will find me in court or gaol but I can see a head on collision here . Happy to ring you sometime tomorrow if you are free . Just let me know when Peter
Solicitor: Leon, Solicitor replied 3 months ago

Good Evening

Let me know when you are free I am online all day and I can then take your call.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

You can elect a call here.

I have asked you get a refund for the new post.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon Peter

Can you please elect a call here.

The other question has been closed and you are being refunded.

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