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  1. #11
    Join Date
    Sep 2004


    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?

  2. #12
    Join Date
    Aug 2005


    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.

  3. #13
    Join Date
    Nov 2005


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

    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.


  4. #14
    Join Date
    Jan 2004


    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.
    Find The Trend Whose Premise Is False - Then Bet Against It

  5. #15
    Join Date
    May 2004
    Bay Of Plenty, NZ

    Default Consent for deck

    Quote Originally Posted by moovet View Post
    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.
    Patience is a virtue.

  6. #16
    Join Date
    Jan 2005


    What about building up the ground level underneath the deck so the deck is less than a metre off the ground? Then no permit required and no consent presumably.
    Gimme $20k. You will receive some well packaged generic advice that will put you on the road to riches beyond your wildest dreams ...yeah right!

  7. #17
    Join Date
    Apr 2006


    How about buying the neighbouring property?

    Is there enough land between your property and the neighbouring property to create a 3rd lot?


  8. #18
    Join Date
    Aug 2005


    Thanx Paul. I think I have a solution. I am going to run a narrow walkway from that point along that side of the house to my other side which will open up into a proper deck not affecting her and actually being exposed to more evening sun and a landscaped garden. Even though my walkway will extend 10cm into that 2m zone, if I have a step or two, each landing is allowed to be 4 metres square and extend as close to the boundary as I like.
    I will still approach the neighbour and ask for permission although I can get around it.

  9. #19


    You could always make it 2 from her boundary? Is the extra .5-1m worth the hassle? You’ll have to excuse me because our boundary rule is 10m so .5m more is probably quite a lot for North Shore.

  10. #20
    Join Date
    Jun 2004


    Quote Originally Posted by Jenks View Post
    You could always make it 2 from her boundary? Is the extra .5-1m worth the hassle? You’ll have to excuse me because our boundary rule is 10m so .5m more is probably quite a lot for North Shore.
    13 years later?


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