In May 2013, we briefed a local architect with a detailed written brief describing our needs, how we live and use space and our project budget (250 – 300k). Essentially we wanted to add another living space, two bedrooms, another bathroom, home office and new kitchen. We also put together a Houzz Gallery showing both interiors and exteriors of homes we liked as well as homes we didn’t like, plus input on materials. In short, the brief provided very clear direction for the design process.
The concepts presented by the architect were on brief and confirmed our decision to engage an architect rather that a draftsperson. Our preferred concept was to add a lightweight pavilion off the back of the house that would contain a new living space and kitchen, with the existing house reconfigured to solve our additional space requirements. The pavilion would feature a spectacular skillion roof following the pitch of the existing roof line and floor to ceiling windows and bi-fold doors to our existing deck. Discussions with a builder confirmed that the project would come in within our budget with a build time of approx 4-5 months.
Council Roadblock
We ran into a major problem, however when our architect had initial discussions with a private certifier. Our Section 149 certificate identified our block as flood affected but still allowed for a complying development, so we were not anticipating any issues. Adjacent properties to the rear of our block have a storm water easement running through them and discussions with our local council revealed that our DA would need to include a flood study as council did not have a detailed enough study to provide a 1 in 100 year flood level. With our proposed rear pavilion extending above the flood affected area, we were also advised by council engineers that council would not support any obstruction of the overland flood area even if only posts! It was devastating news.
After talking through the issue with an engineering firm, we decided to undertake a detailed flood study and model the impact of our proposed development on a 1 in 100 year flood event. Our engineer was confident any issues could be resolved. Engineering is about problem solving right? Well not in the case of council engineers. Despite the best efforts of our engineer, a detailed flood study and a number of options, council was unmoved. Their final objection was that residents would look out the back window at the flood and experience ‘anxiety’, referring to a decision handed down in the Land and Environment court relating to a DA on a proposed over 55s development. We could put a second story on and still look at the supposed flood of biblical proportions that would be ok and would not lead to anxiety (really!). What we could not do was extend back over the flood area even though the floor level would be over 1m above the modelled flood level. We didn’t have $50k to go to the Land and Environment court to challenge the decision so that was it.
Most people are very aware of the problem of bushfire prone land and the limits and extra costs it can place on development. Flooding is under the radar and you can’t even rely on a Section 149 Certificate to provide accurate advice. The truth is our Section 149 certificate should not have allowed for a complying development and would have saved us a lot of heartache and ironically – ‘anxiety’! The whole process went for over 18 months and cost a significant amount of money.
