Neighbour Electric gates facing bushland reserve to be developed for aged retirement development

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

EAHP

Member
7 September 2024
1
0
1
I have a new owner who recently purchased the property next to me who also recently built a massive commercial type of shed at the rear of his property. The planning application did not include a new electric fence next to the shed and built at the adjoining corner with my property. The owner has now also extended his main living property which will not allow proper access between his industrial shed and his driveway that leads to the main street, the front part of his property. The owner has a mechanical business in town and his back yard has multiple car wrecks, caravan, a gas forklift etc that he moves around using the rear of his property through the electric gates, past the rear of my property creating a nuisance (dust and noise), then leaves the reserve portion over a high concrete Council kerb and onto the road that faces the front of my property (I have a corner block) in order to get around the corner to get to the front of his property. He does this on a regular basis and accesses the rear of his property through the electronic gates on a daily basis (in effect a second drive way). Recently on 2 occasions he invited some of his mates who own a competition speedway beach buggy to come to the rear of my property and take off into the bush to return 30 minutes later. My neighbour has 3 young boys who I can see will one day get into motor cross bikes and use the rear electric gates as the entry point to the reserve and bush. Council has multiple signs to suggest it is illegal (but not enforce).



I have spoken to Council planning officers who suggest it is part of the culture for property owners to build a second gate at the rear of their properties facing a reserve. They want me to put in a complaint against my neighbour for conducting a business from their property in order to investigate. I disagree that I am required to make a complaint and only need to inform Council officers of what I believe is an offence of the local laws. I personally could not care if my neighbour wants to conduct an extension to his CBD business in his backyard, as long as it is not a nuisance (I must say I hate the rotten egg smell from the gas operated forklift). I just want Council to have him remove his electronic fence to stop access to the private land and the bush reserve alongside further on.

I am not sure if there are specific planning laws to deal with these issues?