Lismore council votes to demolish man’s illegal deck

Lismore City Council has voted to demolish an 82-year-old pensioner’s sun deck built 28 years ago after a neighbour’s complaint. Here’s why.

Lismore City Council is calling for 82-year-old pensioner John Ross's raised deck built 25 years ago to be destroyed after a neighbour’s complaint.

Lismore City Council has voted to demolish an 82-year-old pensioner’s sun deck built 28 years ago after a neighbour’s complaint.

Johnny Ross had his raised deck built by a professional builder, Wayne Duff, in 1994.

At the time of building, Mr Duff – who is now deceased – put a development application in to get the deck squared away with council, Mr Ross said. However, Lismore council said there was no record of a DA ever being lodged or approved.

For a quarter century there were no issues, with Mr Ross not receiving a single complaint from more than 10 next door neighbours about his deck in that time, he said.

But now Lismore City Council is coming for Mr Ross’s deck, and he says the stress of the ordeal is almost too much to bear.

Lismore City Council is calling for 82-year-old pensioner John Ross's raised deck built 25 years ago to be destroyed after a neighbour’s complaint.

“Stop picking on the elderly,” Mr Ross said. “It’s wrecking me bloody life, honestly.”

“The stress and worry this has caused not to just myself but to my wife has affected our quality of life for the last two years for the worst.”

Mr Ross has lived at his Girards Hill property for 55 years.

Starting his own mechanics business as a young man, he’s been a stalwart member of the Lismore community through thick and thin.

“I feel personally attacked and targeted. We have lost so much in the last year because of the flood. Homes destroyed, lives lost and now you want to take more from me and my family?” Mr Ross said.

“To be treated like this is absolutely appalling and senseless, having to defend my own home and a structure that has been in place for over 25 years.”

Council issued Mr Ross with a Notice of Intention to Serve a Demolition Order on June 7, 2022, which is served prior to a Demolition Order.

Lismore Council is calling for John Ross of Girards Hill to demolish an 'illegal deck' that he built 25 years ago.

Eight days’ later, Mr Ross lodged a DA in a bid to keep the deck, seeking consent to legalise it as an “as built” freestanding elevated covered deck.

“I can guarantee each household would have some form of veranda or balcony that overlooks someone else’s property. How is my structure any different from someone else’s balcony or veranda?” Mr Ross said.

Council staff recommended that councillors vote to refuse the DA to keep the quarter-century old deck because it breaches neighbours’ privacy, and doesn’t meet bushfire safety regulations, or construction code.

“The elevated covered deck causes an unacceptable loss of privacy for the occupants of the submitter’s premises, when they are in the immediate surrounds, the pool, or the rear of their dwelling,” council officers said.

This comes after Mr Ross spent over $1000 in paper work since the issue was first raised by council in November 2019 – before being told the matter would need to go before council for a final decision.

“I have done everything that has been asked of me and gone above and beyond to get this considering Covid was in its full form and our town was devastated by a flood,” Mr Ross said.

Lismore Council is calling for John Ross of Girards Hill to demolish an 'illegal deck' that he had built 25 years ago.

In October 2022, six councillors – including mayor Steve Krieg – came to Mr Ross’s home to inspect his sun deck.

This followed an objection being filed against Mr Ross’s deck DA while it was on 14-day public exhibition.

The issue raised by a neighbour, Venetia Sieveking, to the DA through a solicitor, said the deck has caused a “significant loss” of “acoustic” and “visual”, “inclusive of music, unwanted conversation, and comments to (the neighbour)”.

Speaking against the DA to keep the deck at tonight’s (November 8) council meeting, Ms Sieveking said “my life is and has been heavily affected by this raised deck”.

She said that she was being “stared down at” and “made comments at” - which intimidated her so much that she was not able to use her pool or backyard.

“I have no privacy anywhere in my back garden,” Ms Sieveking said.

When Ms Sieveking bought the property in 2016, she said she was not “immediately aware” that the raised deck would be used by Mr Ross to watch footy, and she never would have bought the property if she knew then what she knows now.

Council regulations say that she cannot install a fence high enough to obscure vision from the deck.

Cr Big Rob noted that Ms Sieveking’s pool was not approved by council either, and Cr Jeri Hall pointed out that there was no fence around the pool.

But mayor Steve Krieg said the discussion was about Mr Ross’s deck, not Ms Sieveking’s pool.

Cr Andrew Gordon argued the call to demolish stemmed from a neighbour dispute and should be dismissed.

Mr Gordon said he knew the builder before he died, and said Mr Duff was “honest as the day is long”, saying if he said the structure was up to code, that was all he needed to be satisfied it would meet council requirements.

But Cr Darlene Cook said when attending the property for a site inspection, she was “intimidated” by the “invasion of privacy” of the structure, saying the deck is designed to sit “overbearingly”, and “overshadows” the adjoining property.

She said if the structure was built today, it would never have been approved.

Cr Electra Jensen asked why Mr Ross was encouraged to pay fees if the structure was not considered compliant.

Director of partnerships, planning and engagement, Eber Butron, said council officers had tried their best to find a way to make the structure compliant, but could not.

Council voted to refuse the DA for Mr Ross to keep his deck, with council to consider it an illegal structure.

Councillors Bird, Colby, Ekin, Cook, Guise and Krieg voted to refuse the DA.

Councillors Gordon, Hall, Bing, Rob and Jensen voted to keep it.