Wall built within 70cm of balcony raises questions of trust

After saving up to buy her first home, this woman says she was misled when a wall was built within touching distance of her Brunswick East home. This is her message for new homebuyers.

Leanne Clayton bought a new Brunswick East apartment, only for a massive wall to be built literally within touching distance. Picture: George Salpigtidis

Leanne Clayton used to enjoy spending time on her balcony gardening and taking in the view from her Brunswick East home.

Then the wall went up.

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BUILDING AUTHORITY PUT IN CHARGE OF CLADDING RIDDEN BUILDINGS

Ms Clayton’s Gamble St apartment is within 70cm of a concrete wall that stretches metres above her and restricts sunlight onto her balcony.

As she was weighing up spending money she had spent years saving for her first home, she asked a real estate agent what would happen in the south end of the East Brunswick Village, where the wall now sits.

The wall has made Ms Clayton’s balcony unwelcoming. Picture: George Salpigtidis

She was told carparking and restaurants would sit directly in front of her balcony but “would be no higher than ground level,” she said.

“I researched the plans at the time. The initial plans that I viewed were very different to what was subsequently built.”

Initial plans for the village were first approved by Moreland Council in 2012, which included the wall on the property line.

A permit for the apartment building was approved by the council in April 2014.

But a lack of planning requirements at the time of the approvals meant there was no laws against the building and wall being within touching distance.

The wall from the East Brunswick Village is within touching distance of the Gamble St apartment building. Photo: Luis Enrique Ascui

The gap between the wall and the building is about 70cm. Photo: Luis Enrique Ascui

Ms Clayton said she felt let down by her real estate agent and Moreland Council’s planning department for not keeping residents informed, or allowing them to object to amendments made to the village.

She said prospective buyers should be careful about who they trust before making a purchase.

The council’s acting director of city futures Phillip Priest said home buyers should contact them to stay up to date on neighbouring developments.

He said the council’s apartment design code included protections on daylight and setbacks.

Real Estate Institute of Victoria chief executive Gail King said real estate agents had an obligation to be honest with prospective buyers, but buyers were expected to make inquiries about impending developments through legal representatives.

Koul Property developed the Gamble St building and director Chris Koulloupas said the planning system was flawed and needed overhauling.