THE MEWS - PRIVATE APARTMENTS

Summit Homes have contacted us for permission to start works on fencing and retaining to the north of our property (west end of boundary)

These plans have already been submitted to council and approved.

We see the following issues:
- The changes are not in or interest
- There has been no communication/discussion regarding the works on the boundary prior to submitting plans.
- We have been provided plans on many occasions whilst the development was progressing and at no time were we provided details of retaining walls or fence work.
- We have been advised by Summit Homes they are not willing to negotiate.

At the time of writing this we have been recommended to deny access to the property and ask summit to negotiate an outcome that suits both parties.

From: Sandro Ferolla <SandroF@summithomes.com.au>
Sent: Tuesday, 23 February 2021 2:55 PM
To: Michael Scott <mscott@esmstrata.com.au>
Cc: Adrian Sutton <AdrianS@summithomes.com.au>; Tim Wilson <TimW@summithomes.com.au>
Subject: BA20A - 147 CHARLES ST.pdf

Hi Micheal,
As per our discussion last Friday 19/2,
Can you please forward the Ba20a form to the Strata council to be signed.
This is in regards to the fencing on the boundary between our new development At lot 14 Sheridan lane West Perth and the apartments at on 147 Charles St West Perth.
I have attached a marked up plan showing where we’ll be removing the old existing asbestos fence and temporary fencing for an estimated period of about 4 weeks and then we will be replacing it with retaining and a new colour bond fence as per council approval.
I would greatly appreciate if this could be attended as soon as possible.
If anyone has any questions please don’t hesitate to call me.

Best Regards

Sandro Ferolla
Senior Supervisor
Summit Homes group, Developments and Grannyflats

On Tue, 23 Feb 2021 at 17:58, The Mews <admin@themewswestperth.com.au> wrote:

Hi Sandro,

We are happy to consider your proposal however before we can do this we will need to see some documentation regarding what you are proposing.
Can you please supply original plan documents as the picture you have attached is illegible due to size.
Please note that we need to understand the level of retaining to be able to reach an agreement.

Thanks again,

Saxon

On Tue, 23 Feb 2021 at 18:21, Sandro Ferolla <SandroF@summithomes.com.au> wrote:

Hi Saxon,
This is site plan in PDF form,
If you look to the Botton of the plan you will see the retaining wall that has been approved by the council.

On 23 Feb 2021, at 6:57 pm, The Mews <admin@themewswestperth.com.au> wrote:

Hi Sandro,

Thankyou for that.

I will go and do an inspection with the others to make sure this lines up, I have some concerts around:

- What happens regarding plants destroyed during the fence replacement - Is summit intending to replace these?
- The level of the land on our side seems to be almost a straight line on the plan however our buildings are on different levels (this needs to be verified as correct)
- I would like to even up the soil on our side somewhat (in the same way you are doing for your side) so we may need to move some of the wall heights.

Thanks again,

Saxon

From: Sandro Ferolla
Sent: Wednesday, 24 February 2021 7:01 AM
To: The Mews <admin@themewswestperth.com.au>
Cc: Adrian Sutton <AdrianS@summithomes.com.au>
Subject: Re: [EXTERNAL] Re: 2 SITE PLAN.pdf

Hi Saxon,

I’m happy to meet on site to go through it in detail?

Best Regards

Sandro Ferolla
Senior Supervisor
Summit Homes group, Developments and Grannyflats

On Wed, 24 Feb 2021, 3:54 pm Adrian Sutton, <AdrianS@summithomes.com.au> wrote:

Hi Saxon,

To follow on from Sandro’s email below.

The builder will take all care possible when removing the existing fencing, however as there is a vine currently growing over the fence into the property of Lot 271 Sheridan Lane, this vine will be cut back to allow for the fence removal. The builder does not anticipate any existing flora to be damaged.
Planning approval and a building permit have already been issued for the construction of the retaining wall and therefore cannot be adjusted or amended.
Any works in relation to levelling the land at 147 Charles street would not form part of the builder’s scope of works.

Regards

Adrian Sutton
General Manager Summit Renovations, Developments & Granny Flats

On 24 Feb 2021, at 5:01 pm, The Mews <admin@themewswestperth.com.au> wrote:

Hi Adrian,

I appreciate you have a job to do however am disappointed that you are refusing to even discuss alterations.

Dividing fences exist between neighbours and should be discussed and agreed between neighbours. The dividing fences act references in many places to the need for agreement between parties...

Given you are saying there is no room for negotiations and we have never been given an opportunity to enter into any negotiations prior to this time we now must seek advice before any work can take place.

Thanks again,

Saxon

On Thu, 25 Feb 2021, 7:07 am Sandro Ferolla, <SandroF@summithomes.com.au> wrote:

Hi Saxon,

I’m free to meet this Friday morning if it possible, to discuss any matters on site.

The Ba20a is for land owners consent to remove the existing fence,

The existing asbestos fence that is currently in position is in very poor condition, we will replacing it with a new colour bond fence and retaining inside our clients property in accordance with the council approved plans this means we cannot alter our retaining.

What we are purposing is an improvement to both properties and the cost will be coverEd by our client.

If you want to improve your side it will be at your land owners expense, as all we want to do is change the fence in a safe and secure manner.

Best Regards

Sandro Ferolla
Senior Supervisor
Summit Homes group, Developments and Grannyflats

From: The Mews <admin@themewswestperth.com.au>
Sent: Thursday, 25 February 2021 10:36 AM
To: Sandro Ferolla <SandroF@summithomes.com.au>
Cc: The Mews <admin@themewswestperth.com.au>; Adrian Sutton <AdrianS@summithomes.com.au>
Subject: Re: [EXTERNAL] Re: 2 SITE PLAN.pdf

Hi Sandro,

I understand any alterations would be at our expense.

I do not agree alterations can not be made and would suggest that sand piling up agenst the fence would look poor from your side so I would suggest that we negotiate.

I work full time so will need to arrange a time to meet next week perhaps.

Thanks again,

Saxon

On Thu, 25 Feb 2021, 11:38 am Adrian Sutton, <AdrianS@summithomes.com.au> wrote:

Hi Saxon,

I have added a marked-up plan to help show the retaining wall heights in relation to the current ground level at 147 Charles street.

There is a black dotted line shown on this plan behind the proposed retaining wall (arrows added to this plan note the line)

This dotted line notes the natural ground level at 147 Charles street, as you can see the retaining follows the natural ground levels therefore there would not be any sand against the new fence.

I think it may be beneficial to have a site meeting to run through this plan.

If you could confirm a time that is convenient for you to meet onsite, our site supervisor Sandro will be able to meet with you to discuss this in detail.

Regards

Adrian Sutton
General Manager Summit Renovations, Developments & Granny Flats

From: The Mews <admin@themewswestperth.com.au>
Sent: Friday, 26 February 2021 11:56 AM
To: Adrian Sutton <AdrianS@summithomes.com.au>
Subject: Re: [EXTERNAL] Re: 2 SITE PLAN.pdf

Hi Adrian,

To clarify, we have been waiting for the land to be developed before we made changes to the levels on our side to the extent we are allowed to without planning approval... If we do this without modification of the retaining walls there will be sand against your new fences. Or if we retain inside the fence we would be able to look over the fence into the new residences.

I don't have an issue with the west end of the boundary, it's more the middle and east ends that need correcting.

I have sought advice at my end and will be in touch.

Thanks again,

Saxon

On Fri, 26 Feb 2021, 12:23 pm Adrian Sutton, <AdrianS@summithomes.com.au> wrote:
Hi Saxon,

As a general rule,

If you are intending on increasing your existing site levels or installing retaining then you need to seek approval from the LGA.

The retaining works to be completed on the neighbouring lot to 147 Charles street cannot be adjusted. These have already been designed, quoted and approved by the land owner and the LGA has given approval to build them.

Once these works have been completed then you could arrange for your contractors to complete any adjustments to your existing levels that you feel are a benefit for your site.

Furthermore, a phone conversation or meeting onsite would be of more benefit then sending emails back and forth.

Regards

Adrian Sutton
General Manager Summit Renovations, Developments & Granny Flats

On 26 Feb 2021, at 21:15, The Mews <admin@themewswestperth.com.au> wrote:

Hi Adrian,

My previous experience conflicts with your advice in that small alterations can be made without formal approvals.

However I am not an expert and that is why we have been in touch with the council and also sought legal advice.

Thanks again,

Saxon

On Fri, 26 Feb 2021 at 21:57, Adrian Sutton <AdrianS@summithomes.com.au> wrote:
Hi Saxon

Can you provide a contact number so that we can discuss over the phone rather that by email.

I feel we are looking at seperate items regarding the proposed works.

Regards

Adrian Sutton
General Manager
Summit Renovations, Developments and Granny flats

On Fri, 26 Feb 2021 at 22:36, The Mews <admin@themewswestperth.com.au> wrote:
Hi Adrian,

I understand your priority is to complete this development and move forward with your next project, however my priority is with the interests of the owners of 147 Charles Street.

When we approached the owners of the property you are developing some time ago regarding the failing fence and retaining we were told the land was to be developed and we should wait until the fences and retaining were being done.

In all my other experiences with dividing fences and retaining walls the two parties discuss and come to agreement before the works are agreed upon - in this instance there has been zero communications up until this point.

Happy to have a conversation when I understand the regulations and our rights a little better.

Thanks again,

Saxon

From: The Mews <admin@themewswestperth.com.au>
Sent: Wednesday, 3 March 2021 9:52 AM
To: Adrian Sutton <AdrianS@summithomes.com.au>
Cc: Michael Scott <mscott@esmstrata.com.au>; Eden Leech <Eden.Leech@vincent.wa.gov.au>
Subject: Re: [EXTERNAL] Re: 2 SITE PLAN.pdf

Hi Adrian,

Just to keep you up to date I contacted the CoV last week and followed up yesterday but as yet I haven't received a response from them.

Thanks again,

Saxon

On Fri, 19 Mar 2021 at 11:26, Sandro Ferolla <SandroF@summithomes.com.au> wrote:
Hi Saxon

Just wondering if you have had any progress on signing our BA20a form?

So I can start organising work on changing it to a brand new colorbond fence.

Kind Regards,

Sandro Ferolla
Senior Supervisor
Summit Developments and Granny Flats

On Fri, 19 Mar 2021 at 12:32, The Mews <admin@themewswestperth.com.au> wrote:
Hi Sandro,
After discussions with various parties we have decided not to consent (and will be indicating our preference formally by returning the form).
I will point out again that after several JDAP and SAT hearings regarding development of this property it was noted on a number of occasions that there was a lack of engagement.
I will also point out that we were not made aware of any retaining details on any of the plans supplied to us previously during the process (all plans provided were missing retaining details)
- 
What our expectations are:- We want to be engaged and not have detrimental changes forced on us.- we would like for the heights to be higher toward the east end of the boundary so they are more consistent with our levels within 1m of the boundary - this will deliver a better outcome for the development also as stepping will be more even across each residence.
- we would like for the retaining wall to be level (slightly higher) than the level of our property 1m inside the boundary (not from the boundary) as in many cases the level has dropped close to the boundary (due to lack of proper retaining) and would be better raised slightly and filled in.
Thanks again,
Saxon

From: Michael Scott <mscott@esmstrata.com.au>
Date: Fri, 19 Mar 2021 at 12:58
Subject: RE: BA20A - 147 CHARLES ST.pdf
To: Sandro Ferolla <SandroF@summithomes.com.au>
Cc: Tim Wilson <TimW@summithomes.com.au>, Adrian Sutton <AdrianS@summithomes.com.au>

Hi Sandro,

Please find attached BA20A form completed by the strata company.
As per your discussions with Saxon (strata company representative), the owners of 147-159 Charles St do not consent to the proposed works.

Thanks & Regards,
Michael Scott
Strata Manager