Environment court has ruled that Marion house built by Chris and Deborah Fleetwood has to be demolished
AN Adelaide couple could be forced to demolish their $680,000, two-storey dream home before they even get to live in it — they got council approval (three times) before building it four years ago.
A MARINO couple might have to demolish their $680,000 dream home despite Marion Council approving the house on three separate occasions.
The Environment, Resources and Development Court last month found the two-storey, four-bedroom house, built by Chris and Deborah Fleetwood over 2012 and 2013, was too big for the site and should not have been approved.
The case was triggered after the Fleetwood’s neighbours, Alex and Debra Paior, complained that the home ruined their views and overlooked their property.
Mr Fleetwood said he and his wife now faced bankruptcy and were considering suing the council for $1 million to recoup their investment.
They have not been able to live in the completed house because of a court injunction won by Mr and Mrs Paior in 2013.
“It’s like a nightmare that constantly doesn’t end,” Mr Fleetwood said.
“You’re reaching out to try and touch it and you can’t.
“Even though you paid for it and built it and did the right things … someone else has taken that away.”
He blames the council “100 per cent” for the debacle.
“People trust the council and planning people and they go ahead and build a house, but a few years later people can take development approval away,” he said.
The council first approved the house in August 2012 and the Fleetwoods started work in October that year.
A month later, the Paiors appealed the approval, which was the start of a long-running legal battle with the council.
Mr Fleetwood said the couple continued building their home while the case continued because they were locked into a building contract.
“The advice the council gave us was that it was a really straightforward case that they were going to win,” Mr Fleetwood said.
He believes the Paiors will soon seek a court order for his house to be demolished since it now does not have approval.
The Paiors declined to comment this week.
The latest judgment by Judge Jack Costello and Commissioners Alan Rumsby and Stephen Hamnett found the house was too big for the sloping site, was not set back enough from the rear boundary and created “unreasonable” and “excessive” overlooking.
Marion Mayor Kris Hanna would not comment on whether the Fleetwoods deserved compensation from the council.
He said he was “really pleased our planning team at Marion has the message from the court that they need to take a more strict approach to complying with our planning rules”.
A spokesman for the council said it was “surprised by the ERD Court’s decision” but would not be appealing the decision.
Neither will the Fleetwoods.
The three appeals — one of which went to the Supreme Court — cost the council $262,000 in legal fees to defend.
The Fleetwoods paid $100,000 in legal costs.
A timelime
2006: The Fleetwoods buy a house on Westcliff Court.
June 2012: They subdivide the land into two blocks, creating 73 The Cove Rd.
August 2012: Marion Council approves plans to build a two-storey house on the newly created block.
October 2012: The Fleetwoods start building the home while living in the neighbouring house.
November 2012: The Paiors lodge an application asking the ERD Court to declare the approval invalid because the council did not consult them on the designs.
May 2013: The ERD Court rejects the Paiors application to order construction of the home to stop.
June 2013: The house is completed.
September 2013: The Fleetwoods lodge a new development application for the their home, which includes minor alterations to appease the Paiors.
October 2013: That application is approved by Marion Council and immediately appealed by the Paiors.
September 2014: ERD Court quashes all development approvals for the home because of the lack of consultation.
January 2015: The Fleetwoods lodge yet another development application, which includes screening to provide privacy to their neighbours.
August 2015: The council approve it, but the Paiors appeal it in the ERD Court.
January 2016: The court sides with the Paiors and rejects approval for the home.