Neighbours wont consent to deck

[moovet]

Hi there,

I have had an annoying encounter with a neighbour to one of our rentals in Wellington. She won't consent to a deck that will go within 2m of her boundary. Fair enough I hear you say but she wouldn't give me a reason why. Plus she doesn't live there herself. It is rented out.
There is also a line of tall trees between the sections which completely screens the other house which is a long way from that boundary.
Is there any way around this without neighbour consent? Can you appeal to the council?
It is difficult when she won't say the reason for her decision.

Any ideas or hitmen phone numbers?

[cantthinkofanickname]

It might help if we know more about why you need her consent as if you are 2 mts from the boundary one would think you meet council regs unless you are in a skyscraper and building 4mts off the ground.

[moovet]

I want to build it to less than 2m from her boundary because it will be >1.5M high

[cantthinkofanickname]

Most councils will allow you to build 1 metre from the boundary unlees it is road frontage. But you would require a permit for the deck as its over a metre high. I am not familar with wellington regs so cant comment on the distance from boundary. Why do you need her consent if you meet the council building regs

[moovet]

The council regs are >2m from the boundary if >1.5m high

[cantthinkofanickname]

Ok you have a problem. Consider making the deck lower by using steps from the entry to make the bulk of the deck closest to the boundary under 1.5 mts or be prepared for long up hill struggle.

[xris]

It is difficult when she won't say the reason for her decision.

Any ideas or hitmen phone numbers?

Unfortunately moovet, she doesn't have to.


These trees - are they on your side and are they a nuisance to her? Light, roots etc?

xris

[Kerry Christian]

Take her to dinner or whatever

Show her why you are a PI and offer to teach her the benefits of becoming a PI

then ask her to help you - there needs to be a win/win

[Hound]

It's all about getting people on side. If the first communication with her is about getting consent, it ain't surprising she won't agree.

[PC]

She's a she.

It might just be me - but logic & reason doesn't seem to work - some sort of genetic disorder?

[Perry]

Some councils allow certain things (with neighbour
consent) to by-pass notification. If you can't get that,
you may have to use the more expensive, notified
consent application process.

Could an offer of consent from you for a higher fence
line height be an acceptable quid pro quo?

[moovet]

Its just a strange one because we cant even see her place because of the line of trees. I am pretty sure they are on her side. Yeah I was wondering if there was a council process that could be gone through that doesn't require their consent.
Honestly, her house is probably at least 20M away from the boundary.
We will probably put a deck on the other side of the house or have a stepdown to 1.5m as was suggested.
I was just interested if there were other ways to get consent.

[xris]

[quote=moovet;73070]
Honestly, her house is probably at least 20M away from the boundary.
[quote]

Yes, but give people power and they tend to abuse it (eg the power to say 'no'.) This may be all that is making her say 'no' - the simple ability to do so.

xris

[Gatekeeper]

Honestly, her house is probably at least 20M away from the boundary.

Maybe she wants to build on it one day.
Trees can come out in the future, so I'd discount the trees. I kind of wouldn't want a neighbour putting up a high deck on any of my boundaries because I might be close to them in the future if I subdivide.
There would be some exceptions to this, depending on the topography.

[essence]

Consent for deck

She won't consent to a deck that will go within 2m of her boundary.

You haven't said what your local Council requirements are. For example, in my area, you can built UP TO 1m from the boundary UNLESS your house is a back section (ie cross lease or down a ROW) and then any permanent construction must be 3m from the boundary.

Fair enough I hear you say but she wouldn't give me a reason why. Plus she doesn't live there herself. It is rented out.

Unfortunately for you, she doesn't have to give a reason but alternatively she cannot stop construction just because she can. This is a difficult to prove.

If you meet your Council requirements and only need her consent to build, Council should look at how it will impact on her dwelling. The fact that it is 20m from the boundary line between trees, may work in your favour.

Can you appeal to the council?

Appealing to a bureauracy is a waste of time. Deal with it logically and unemotionally. Get hold of the Council rules & regulations (most Councils provide these free of charge) that state what is required.

It is going to take time and effort and LOTS OF PATIENCE. Get yourself a cup of coffee (or G & T, or bourbon & coke, whatever) a pen and paper and work out what you want and then works backwards from there.

It makes the process much easier if you have a game plan.

And the best thing I have ever learnt - ALWAYS be nice to Council staff. They can f*** you around, just because they can and delay permits etc for months.

Any ideas or hitmen phone numbers?

I have a few phone numbers, but if I gave them to you, I'd have to kill you. LOL!!!

Good luck and please keep us up to date.