Marion Council refuses approval for new design of Fleetwoods’ Marino house involved in court challenges
A MARINO couple’s latest attempt to save their dream home from the wrecking ball has failed, with a court case now set to decide its fate.
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A MARINO couple’s last-ditch attempt to save their dream home from the wrecking ball has failed, with a court case now set to decide its fate.
Marion Council’s Development Assessment Panel (DAP) last night denied Chris and Deborah Fleetwood’s revised application for their house at 73 The Cove Rd.
A case in the Environment, Resources and Development Court, to determine the future of the property, can now proceed after it had been put on hold pending the outcome of the council hearing.
The Fleetwoods’ neighbours, Alex and Debra Paior, are taking the legal action to have the $680,000 house demolished because they say it overlooks their property.
The DAP last night refused the Fleetwoods’ latest application because of the “bulk and mass” of the building, the design not being sensitive to the slope of the land and the visual impact on neighbours from retaining walls and fencing.
This was despite a report from independent planner Helen Dyer recommending the proposal be approved.
Mr Fleetwood said he was “astounded” the panel’s decision to refuse the proposal.
“The application was based on criteria set by the ERD Court and the council’s development plan,” he said.
“I believe we met that criteria, an independent planner believed we met that criteria and so did the chairman of the panel.
“What more can you do?”
During discussions, the panel’s presiding member Gavin Lloyd-Jones argued in favour of the development, however the five other members opposed it.
The ERD Court in January found the two-storey, four-bedroom house, which the Fleetwoods built during 2012 and 2013, was too big for the site and should not have been approved.
An order was then made for the house to be demolished.
However, in their response, the Fleetwoods told the court in March new plans had been lodged that would eliminate overlooking of their neighbours’ properties, and the case was put on hold.
Mr Fleetwood said his new development application was for a “totally different dwelling” with a lower roof, smaller top storey with only frosted windows and no balcony, and a fence between his and the Paiors’ property.
The Paoirs, as well as fellow Westcliff Ct residents Chris Thomas and Bob McGivern, made submissions to the panel opposing the development.
They were concerned about the size of the building, overlooking and overshadowing, setbacks and the potential for a future balcony.
The Fleetwoods have 21 days to appeal the panel’s decision in the ERD Court, which Mr Fleetwood said they would consider.