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Local Council Issues - NSW

Buying and managing a strata unit is a challenge sometimes, but the things can be worse if the property is located near an unscrupulous commercial tenants/proprietors. In some cases this is aggravated by local council.

Here's an example of an issue that came up second time in two and half years.

The council approves commercial operation (cafe) in a place that was not designed for this purpose. It is a mixed development that consists of a commercial shops and a residential strata:

The building doesn't suit for a loud business, food serving business, bar or liquor serving business for a number of reasons:

1. Close proximity of the residential units
2. The design of the building that doesn't allow commercial food preparation and serving of patrons in the courtyards or when the shop doors are opened, because all odours and noise go inside the building and echo into all the units facing those commercial shops.
3. There is no waste management facility for commercial shops. This a lack of design, but nevertheless this issue was known before approval.

This approval causes dispute between many people (more than 30). Some of those people conduct illegal activity as a result of this awkward situation.

People address it with the council - after a month of waiting there is a response: it's a matter between those parties, council is not related. Well, obviously there is a problem here - if council doesn't want to be involved in dispute that arise from their not very correct decision - why they make this approval first and/or why they are not helping to resolve the issue?

In addition to that, if there is an application to the council they organise an independent assessment panel (MIAP). Even if the MIAP decision is to refuse the application, the council still approves!
What's the point of:
a) approving the applications that are controversial and adverse to local residents,
b) involving parties the decision of which you ignore,
c) wasting other peoples time and money?

Too many questions with no reasonable answer.

Here's some other posts related to strata property issues:
Construction issues resolution in Sydney
Real Estate & Strata Living


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