Last year we submitted a DA to council for renovations and increasing the front fence peers to 1.8m. This is allowed in the DCP/LEP. Majority of properties in the street and surrounds have similar front fences. Our renovations were approved, but not the increase in the fence height. No reason given. The council were aware that the fence needed repairs as it was posing a danger to pedestrians. All confirmed in reports from structural engineer, OH & S consultant and town planner. We consulted with a lawyer and the town planner again who gave us written correspondance confirming repairs to the fence fall under exempt and complying development. However, the council who will not put this is writing have stated verbally that since there is a current DA in place you cannot exercise your rights under the exempt code. The planner and the lawyer have never heard this so we were wondering if you know anything about this and if so please direct us to the relevant legislation. We have been fined $1500 and been given a directions order to knock the fence down. Council have also written to the lawyer stating that going forward the certifier is to manage all the works. Basically they are washing their hands of the matter. Any idea why they maybe doing this? They have also told us verbally, won't put it in writing that a BIC would be declined. We just want a front fence.
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