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Can I stop someone from breaching conditions in their planning permit?

My neighbour recently received permission to build an extension on their house. I initially objected as it would block my view and does not match the character of the neighbourhood. The permit was eventually granted but with height restrictions on the extension. I suspect my neighbour will ignore this and build it high anyway. Can I do anything about this? I am in the Dandenong area.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 24-11-2015
1 Lawyer Answered
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  1. Local Government
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Malvern 3144 VIC

  • Yes. Anyone can make an application to the Victorian Civil and Administrative Tribunal or the relevant tribunal in their state or territory to stop someone breaching planning permit conditions.
  • A person wishing to make such an application should generally approach the local council and ask it to make the application itself.
  • If your neighbour has been found to have breached the conditions of their planning permit they have committed an offence and can be prosecuted in the Magistrates’ Court.

 

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