By ANEEKA SIMONIS
DEMOLITION orders have been sanctioned by the Cardinia Shire Council’s planning department over three “unacceptable” partially constructed houses in Pakenham.
Planning permits were issued for the construction of five homes in Spencer Street, Pakenham, last year – but a month after the plans were endorsed the council was called in to investigate.
Up to 1.7 metres of soil fill had been added to the building site, significantly raising the ground level of three of the partially constructed homes in the street.
Council documents reveal the houses have been elevated to an extent that they sit “completely above” the height of the adjoining fence shared between the properties and those in the next street over.
The “extensive fill” added to the site has caused “significant detriment” to neighbours living in Sweet Gum Court, according to council documents.
“The only way to address these issues may be to install a new 1.8 metre high fence on top of the existing fence. However, this outcome would also present visual amenity issues to the neighbours to the west, given it will result in a fence of up to 5.85 metres when viewed from the neighbours’ properties,” the document read.
“This is clearly unacceptable in a residential area.”
Issues surrounding neighbourhood privacy, surveillance, property devaluation were among the concerns highlighted by the planning department.
Six objections were received by the council in relation to the site.
The applicant applied to build a 1.8 metre fence to override issues relating to privacy between neighbours.
However, planning experts deemed it inappropriate and have recommended the council apply for an enforcement order with Victorian Civil and Administrative Tribunal (VCAT) to demolish the three properties.
The applicant intended for the new fence to be added to an existing 1.8 metre retaining wall that was built without council consent.
The council’s development and compliance services manager Brett Jackson said the council was investigating potential code breaches.
“It is alleged the Building Act was breached with the construction of a retaining wall more than one metre in height without the relevant building permit. Six objections were received in relation to the application,” he said. The issue was due to be discussed at the council’s town planning meeting on Monday 5 October but did not go ahead.
“The applicant withdrew the application to pursue further discussion with the council. Any further action will depend on the outcome of these discussions,” Mr Jackson said.
