Hobsons Bay council is taking an Altona Meadows owner-builder to the state’s planning tribunal over the second-storey windows in his unit development that overlook his neighbours’ yards.
Builder Rahul Walia, who is scheduled to appear in the Victorian Civil and Administrative Tribunal next month, claims the action is unfair as the council approved a planning permit for his Linden Street development in 2011.
He says the council now wants him to screen his windows to protect his neighbours’ privacy.
“As per the approved current design, there is no overlooking into any neighbor’s window,” Mr Walia said. “Council is refusing to even provide reasons by which the privacy has been violated or a copy of neighbors’ objections, which are supposed to be publicly available.
“It’s coming to the finishing point and council is asking me to screen the windows, whereas I have made the windows exactly to the permit.
“The council is challenging its own permit. They’re taking me to court for following their own permit.”
Mr Walia said his case had broader implications.
“The procedure adopted by the council makes a mockery of the planning procedure and removes all certainties for any builder,” he said.
“Specifically, the time frames for neighbours to object are effectively increased from the current three weeks to almost four years or ’till the building is complete.”
Council strategic development director Natalie Walker declined to comment.
