http://www.theherald.com.au/story/2617001/granny-flats-mushrooming/? cs=305
Technically if the granny flat complies with the codes under which it was approved then its considered approved works meaning the builder, owner did nothing wrong and neighbors have no immediate right to complain.
In relation to the right to complain during the process there are avenues enshrined within the approval process however unlike DA notification periods, council, certifiers or any other relevant authority won't listen to non-specific, non-code related objections when it comes to "compliant developments" which I presume this granny flat was approved as.
I am only assuming but I suspect that Mr Ryder never wrote an objection citing code violations, nor did he employ a town planner to express his concerns or seek any professional assistance. What he wanted was to write a gripe, himself, for people to listen and for "his" desires be adhered to. I am sorry but if this is of serious concern the onus (under compliant developments) is for neighbors to research and cite actually issues with the proposed development rather than simply having a random whinge.
If Mr Ryder is unhappy with the codes in which the granny flat was approved then why did he not complain when the legislation was gazetted? The reason is no one cares until it affects themselves directly and I am sorry I have little sympathy for such persons especially when coupled with refusing to invest even $1 towards getting their objections articulated by a town planner or relevant professional.
Again I am only assuming and apologise to Mr Ryder if this is not the case but from my years as a builder, developer and investor I have yet to receive a single objections coupled with any independent report paid for by the objector.
Under DA's Mr Ryder could have complained and council would have asked the "builder\developer\owner" to then provide evidence they complain at their cost. This approach quite frankly is BS, why must the applicant provide further detail at significant time/expense fighting an objections that typically reads "oh I hate this proposed work, it will end my life as I know it, my price will drop blah blah".
I would like to also point out some information in this article is factually incorrect. "determined by a private certifier and did not involve council". This is not true council is involved, the application even for CDC application. All CDCs are still submitted to council and they have the right to question the proposed works and have the right to half works BUT if they cite clear code violations.
Let's put the code requirements for privacy to one side for a moment and let's look at this pragmatically;
- The land clearly shows a significant fall meaning the granny flat by nature of this slope will be seen as much higher as Mr Ryders property. Privacy concerns will always be an issue for such blocks.
- The photo conveniently doesn't show the existing main dwelling. I strongly suspect that the exact same issues Mr Ryder has is also the case with the main house.
- Mr Ryder can invest in screening trees.
- Has Mr Ryder spoken with the owners and offered to go 50/50 on trees? Privacy screening to the windows or heaven forbid try to arrange a solutions rather than fight behind council apparatus and/or the media? This situation has arisen countless times on my projects and there has been an amicable solution but the real problem typically is the objector simply doesn't want the whole thing to proceed. Specific complaints about privacy etc mask the real issue which is their overall distain for the project meaning any solutions provided by the applicant will never address the objectors core issue i.e. "I don't want this granny flat next to me".
In summary, there ARE avenues to complain just no listeners to arbitrary whines. Council is involved albeit a limited role. It's also important to remember CDC (compliant developments) are not just for granny flat, extensions\additions and new builds can all be built under this code.
This article is about the typical NIMBY syndrome and I have little sympathy. This highlights the exact reason why CDC came about.
I have written about this many times and there has to be a shift on focus from those persons who already own property and have accommodation to those who don't. People are seeing so many granny flats because of affordability and granny flats specifically is finally a solution that actually works.
Anyways despite the length of this post I am sure my view will simply be seen as biased but my retort is the objectors view is also biased but at least my view is supported by a many years process and industry involvement that brought about the codes under which this granny flat was approved so... Tough, deal with it.