THE first indication David and Julie Driscoll received of a two-storey extension planned for next door was the sound of work starting.
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Yet the situation was legal due to state government legislation streamlining approvals for certain developments, which do not require neighbours to be notified when a development application (DA) is submitted.
“No one said it was happening until they came to do the work,” Mr Driscoll said.
“They should be obligated to notify the neighbours.”
The couple, who bought their Federation home in Casey Street two years ago, learned from Orange City Council the DA had been approved as complying development.
Council spokesman Nick Redmond said proposed projects were assessed against certain criteria including height, distance from the boundary, floor area and landscaping.
“If the proposed building has been designed to measure up to these criteria, the local council has to approve it, and there is no government requirement for the council to inform neighbours before the project is approved,” he said.
“After a resident raised concerns, staff from Orange City Council have this week reviewed the Casey Street proposal and confirmed the earlier decision that the new building complies.”
Mr Redmond said the vast majority of complying development projects were handled by private certifiers and in those cases, the council did not learn about the project until two days prior to work starting.
If a proposal does not measure up, it has to be assessed by council staff in the normal way.
The Driscolls believed complying development should not apply in the street due to the number of century-old homes.
“It’s too late for us, but we want to avoid repetitions of this,” Mrs Driscoll said.
“I would be arguing for the council to have a look at widening, or doing something with the [heritage conservation area].”
Mr Redmond said the last time heritage zones were added, it happened in the context of updating the Local Environmental Plan with the help of expert research and community consultation.
“It’s not a step that’s taken lightly,” he said.
The couple have started an action group to pursue the issue with state MP Phil Donato.
Those interested in joining should call 0457 949 541.
The owner of the house being extended contacted the Central Western Daily on Monday morning, saying a sign had been at the front of the house two weeks prior to work starting.