A couple who say they had to jump through so many regulatory hoops to put a second storey on their home in Sydney\u2019s east are fuming that their neighbours have been able to bypass council with their even bigger build.<\/p>\n
Scott and Debbie told A Current Affair on Monday that they\u2019ve been losing sleep over the construction which they say will cost them their privacy and is creating damage to their own home.<\/p>\n
When the couple renovated their property in 2011, Scott and Debbie had to seek council approval which they say compelled them to make a number of changes to their original plans in order to comply.<\/p>\n
One of those changes was to remove a planned balcony off the back of their second storey extension to avoid \u201clooking down into other people\u2019s backyards,\u201d Scott told the program.<\/p>\n
Now their neighbours have started building a second storey on their property with their new extension going significantly further than Scott and Debbie\u2019s and raising privacy concerns.<\/p>\n
\u201cThey\u2019ve extended all the way to the end of our pergola so that\u2019s basically two extra rooms [one upstairs, one downstairs] that they\u2019ve added [to the] floorspace ratio,\u201d Scott said.<\/p>\n
Meanwhile Debbie recounted an incident where she was in her upstairs bedroom, \u201clooking at fluoro-vested men hanging over the scaffold and looking into me in my bed.\u201d<\/p>\n
The neighbours were able to avoid going through the regular council approval process by lodging a Complying Development Certificate (CDC) that was approved by a private certifier.<\/p>\n
This process is designed to cut red tape and allow for faster development by bypassing the council almost entirely if the proposed development is straightforward and meets certain requirements. <\/p>\n
However, Scott and Debbie have since gone to council after they ran into problems since construction began next door.<\/p>\n
They say they\u2019ve noticed cracks appearing on the wall closest to their neighbour, as well as some water damage after rain, issues which their neighbours have verbally agreed to fix.<\/p>\n
The properties are separated at the back by a tiny gap which Scott says will eventually have a box gutter installed for rainfall. However, the area does have flood considerations attached to it which, along with the neighbours\u2019 decision to concrete their backyard, has caused the couple concern.<\/p>\n
The home, which originally had three bedrooms and one bathroom, was sold for over $3 million at the end of last year.<\/p>\n
A spokesperson from Waverly Council told news.com.au in a statement: \u201cThe development is pursuant to a Complying Development Certificate.<\/p>\n
\u201cUnder the New South Wales Government\u2019s planning framework, private certifiers are responsible for determining whether a development satisfies development standards. <\/p>\n
\u201cThey must also undertake mandatory inspections throughout construction and address any non-compliance with approved plans or legislative requirements. <\/p>\n
\u201cCouncil has formally written to [the certifier] requesting the matters raised be urgently reviewed and responded to directly. <\/p>\n
\u201c[The certifier has] confirmed it will review the concerns, contact Mr Walker directly and advise Council once a response has been provided.\u201d<\/p>\n
The building commission told A Current Affair that the certifier had faced disciplinary action in the past but would not confirm whether it\u2019s investigating the certifier. <\/p>\n