A man from Sydney has detailed how his neighbor’s plans to build a pool deck led to a two-year legal fight in which he spent $100,000 on legal bills.
After his next-door neighbor, Wassim Rahman, began planning for a total demolition and reconstruction of his home in Oatley, in Sydney’s south, David Boettiger took action.
Mr Boettiger claims he was never consulted about Mr Rahman’s plans to rebuild when he awoke one morning in August 2020 to the sounds of work.
The father was compelled to look for the plans on his own and was shocked to see that the designs contained a pool deck that was level with his 1.8m fence.
‘Semi-naked’ swimmers sitting on the pool deck, according to Mr Boettiger, would be plainly seen from his back deck or kitchen window.
‘They could do a bomb in the pool while we’re hanging out our laundry,’ he told news.com.au, adding that the deck also provided easy access to his back garden.
Builders Saf Developments denied that neighbours were not aware of the plans, claiming that a private certifier had told nearby properties on July 9, weeks before construction began.
Despite being warned that the best case scenario was a loss of $20,000, the irritated neighbor chose to file a lawsuit in April 2020.
Mr. Boettiger stated that he would not have pursued legal action if it had not been for the pool deck.
‘If it hadn’t been for that, we definitely wouldn’t have gone to court,’ he added, ‘because the lawyers said you’re looking at a cost of 60 or 70 grand and you could get 70 back if you win.’
The deck was reduced to one metre through mediation in the Land and Environment Court, with vegetation to be planted along the fence for additional seclusion.
Mr. Boettiger was also awarded $20,000 to help with his legal bills.
Despite the fact that he had technically won the case, Mr Boettiger admitted that the victory was bittersweet because he had spent the previous two years in a state of ‘total worry.’
Since then, he has relocated from Oatley, where his wife’s family had lived for the previous four decades.
Mr. Boettiger’s old house serves as a reminder of the construction process, which saw him struggle with anxiety and depression, as well as many sleepless nights.
‘I was continuously asking myself, “How does this happen?” I’m a nice person who doesn’t like to bother my neighbors. I make an effort to get along with my neighbors. ‘I would never do anything that enraged someone as much as that,’ he claimed.
‘Until it happens to you, you don’t realize how unjust it is.’
Despite the pool deck alteration, the private certifier who assisted Mr Rahman with the construction told a different narrative.
Mr Rahman employed Rianda Barnes, a private certifier, to check that the property was built in accordance with building codes and that a compliant development certificate was used (CDC).
A CDC is an alternative to filing a development application (DA) with the local government, which then publishes the plans.
Assuring that neighbors and the local community may provide feedback on the plans is an important component of the council’s procedure.
The construction of the deck continued, according to Mr Boettiger, while he tried to appeal to the certifier and the council to change it.
Ms Barnes, however, told Daily Mail Australia that she could ‘100% guarantee’ that the 14-day neighbor notification was sent out on July 8, 2020, and that the building permit was given on August 14, 2020.
Mr Boettiger’s allegations were handled and satisfied, according to the certifier, during the court case in which she presented evidence of the neighbor notice letter.
Mr. Boettiger, she said, was “relentless.”
Ms Barnes further stated that the pool deck design was changed “at the request of the owner to appease (Mr Boettiger) rather than owing to any noncompliances with the permission.”
She also supplied documentation that the CDC had been sent to residents of Oatley.
Saf Developments said in a statement to news.com.au that while neighbors can request plans for a proposed development, there is no legal requirement that they be made available.
The corporation claims it did “nothing improper” in the situation and that the property was constructed in accordance with regulations.
It states that two weeks before the CDC was granted, the private certifier notified all tenants within 20 meters of the property of the impending construction.
‘Despite the certifier’s or Mr Boettiger’s differing viewpoints on the drawings, these are certified blueprints that were built according to what was stamped,’ according to the statement.
‘We understand that the certifier took all necessary steps as defined by the NSW Planning Department and the governing certifiers body during this process to ensure definitions and processes were carried out properly, particularly when there was contention in relation to unclear items,’ their statement read.