LOCAL GOVERNMENT ACT 1993

NOTIFICATION OF DEVELOPMENT APPLICATIONS TO NEIGHBOURS


114. (1) The council must give notice of an application for
approval to erect a building to the persons who appear to the
council to own the land adjoining the land to which the application
applies if, in the council's opinion, the enjoyment of the adjoining
land may be detrimentally affected by the proposed building after
its erection.

(2) In forming its opinion, the council must take into consideration
the effect that the proposed building would have, after its
erection, on the following:

the views to and the views from the adjoining land

the overshadowing of the adjoining land

the privacy of the adjoining land

the likelihood of the adjoining land being detrimentally affected by
noise

the streetscape

any relevant matter in criteria in a local policy adopted under
Part 3 by the council.

(3) The council must also give notice of the making of an
application for approval to erect a building to persons to whom
notice is required to be given under criteria in a local policy
adopted under Part 3 by the council.

(4) For the purposes of this section, land adjoins other land if
and only if it abuts that other land or is separated from it only
by a pathway, driveway or similar thoroughfare.

(5) The notice must be given as soon as practicable after the
building application is made to the council and at least 10 days
before the council determines the application.

(6) A notice to an association for a community, precinct or
neighbourhood parcel within the meaning of the Community Land
Development Act 1989 or to a body corporate for a parcel within
the meaning of the Strata Titles Act 1973 or the Strata Titles
(Leasehold) Act 1986 is taken to be a notice under this section to
the owner of each lot within the parcel concerned.

(7) If a parcel of adjoining land is owned by more than one
person, a notice to one owner is taken to satisfy the requirements
of this section.

(8) A notice must be in an approved form and must include or be
accompanied by a plan in an approved form showing the height and
external configuration of the building in relation to the site on
which it is proposed to be erected.

Adoption of criteria concerning notice of applications to erect
buildings