Neighbours, Notifications, and Objections: Your Survival Guide to DA Neighbour Drama

G'day! Let's talk about the most stressful part of lodging a DA - telling your neighbours about it.

So you've designed your dream extension, hired an architect, spent thousands on plans, and you're ready to lodge your DA with council. Everything's looking great until council slaps a notification sign on your fence and sends letters to your neighbours.

Now you're lying awake at night wondering: "Will Karen next door object? What if Bob across the road has a whinge? Can they actually stop my project?"

Welcome to the wonderful world of neighbour notification - where a simple deck approval can turn into a neighbourhood Cold War faster than you can say "boundary dispute."

Why Does Council Tell My Neighbours Anyway?

Here's the thing: in Australia's planning system, development applications aren't just between you and council. They're community business. The theory is that what you build affects your neighbours, so they deserve a say in it.

Fair? Debatable. Necessary? According to the Environmental Planning and Assessment Act 1979, absolutely.

When you lodge a DA for anything substantial (we're talking extensions, second storeys, granny flats, big sheds - not replacing your hot water system), council has to give nearby properties a chance to have their say. It's called "community consultation" in planning-speak, or as I prefer to call it, "the bit where you find out which neighbours you're still getting Christmas cards from."

The Notification Process: What Actually Happens

Step 1: Council Identifies Who Gets Told

Once your DA is lodged and validated (meaning council has checked you've submitted everything), they work out who needs to be notified. This typically includes:

• Adjoining properties - Anyone who shares a boundary with you

• Properties "likely to be affected" - This is council's discretion, but usually means properties within 20-50m depending on the project

• Sometimes the wider public - For major projects or those in sensitive areas

Council sends official letters to these properties. The letters include your address, a description of the proposal, where to view the plans (usually online through the council portal), and how to make a submission.

They also whack a big sign on your front fence. You know the one - usually bright yellow or orange, looks official, and basically announces to the entire street: "HEY EVERYONE, WE'RE DOING SOMETHING HERE!"

Step 2: The Waiting Game (14-21 Days)

Your neighbours now have 14 days (sometimes extended to 21 or even 28 days for complex projects) to:

• Look at your plans on council's website

• Visit council to view hard copies

• Ask council questions

• Submit a written response

During this period, your DA just sits there. Council can't determine it until the notification period ends and they've considered any submissions received.

Step 3: Neighbours Respond (Or Don't)

Here's where it gets interesting. Your neighbours have three options:

Option 1: Do Nothing (Most Common) The vast majority of neighbours don't respond. They either don't care, don't check their mail, or trust that council will do the right thing. Silence is golden.

Option 2: Support Occasionally - and I mean occasionally - a neighbour will write in support. "We think the new deck looks great" or "The granny flat will improve the neighbourhood." Frame these submissions. They're rare and beautiful.

Option 3: Object And then there's this option. The dreaded objection.

When Neighbours Object: Don't Panic (Yet)

Let me be crystal clear about something: neighbour objections don't automatically mean your DA gets refused.

Council makes decisions based on planning merit, not popularity contests. They have to assess your DA against:

• The Local Environmental Plan (LEP) - the legal planning rules

• The Development Control Plan (DCP) - council's design guidelines

• State Environmental Planning Policies (SEPPs)

• Any other relevant planning considerations

Your neighbour's personal opinion about your choices carries weight only if it relates to legitimate planning concerns.

What Neighbours Can (Legitimately) Object About

Valid planning concerns that council must consider:

Privacy Loss

• "The new second storey windows look directly into our bedroom"

• "The deck will have direct views into our backyard where we sunbathe"

Overshadowing

• "The two-storey extension will block sunlight to our living room for 6 hours a day in winter"

• "Our solar panels will be shaded by the new building"

Traffic and Parking

• "The driveway widening will create a blind spot at the street corner"

• "Subdivision will double the car movements on our shared driveway"

Visual Bulk and Character

• "The design doesn't match the heritage character of the street"

• "The building is twice the size of every other house and looks out of place"

Noise

• "The home business will have customers arriving from 7am"

• "The café will have outdoor seating generating noise until midnight"

Non-Compliance with Planning Rules

• "The building exceeds the 9.5m height limit shown in the LEP"

• "The proposed use (commercial) is prohibited in our residential zone"

These are legitimate concerns. If neighbours raise valid issues you haven't addressed, council will take them seriously.

What Neighbours Can't Object About (Even Though They Try)

Here's where it gets entertaining. Council legally cannot consider:

Property Values "This will devalue my property" - Council's response: "Not a planning consideration." Property values fluctuate for hundreds of reasons. Council can't refuse DAs based on potential property value impacts.

Loss of View Unless you have a specific view protection control on your property title (rare), views aren't protected. "You're blocking my view of the hills" doesn't cut it with council. Harsh but true.

Personal Disputes "They're terrible neighbours who throw loud parties" - Council doesn't care about your personal beef. They're assessing a building, not refereeing neighbourhood drama.

Construction Inconvenience "The construction will be noisy and disruptive" - Of course it will. That's construction. Council can condition construction hours (usually 7am-5pm weekdays, 8am-1pm Saturdays, no Sundays) but can't refuse DAs because construction is inherently annoying.

General Opposition to Change "I don't like it" or "It's too modern" without specific planning reasons won't fly. Council needs concrete planning grounds for refusal.

Duplicate Submissions Getting 20 neighbours to sign the same objection letter doesn't make it 20 times more important. Council treats it as one submission with 20 signatures. Quality over quantity.

Real Stories: When Objections Go Wild

The Kitchen Window Saga

Mate in Lane Cove wanted to extend his kitchen to the rear boundary (totally compliant with council's DCP - 6m setback maintained). Neighbour objected claiming "loss of privacy because they'll see into our yard from their kitchen window."

Council's response? "You're objecting to someone being able to see your yard from their own kitchen while doing dishes? That's normal residential living, not privacy loss. Approved."

The kicker: the existing kitchen window already had a view of the neighbour's yard. The extension was just moving it 2 metres to the side.

The Shadow Conspiracy

Client in Willoughby lodged DA for a modest second storey. Neighbour objected claiming the shadow would "kill all their plants and make their house uninhabitable."

Shadow diagrams showed the impact: 35 minutes of additional shadow to one corner of the neighbour's backyard in mid-winter. No impact on windows or main living areas.

Council approved it. Neighbour escalated to Land and Environment Court claiming council ignored their concerns. Court upheld council's decision and made the neighbour pay $15,000 in legal costs for bringing a frivolous case.

Turns out the neighbour didn't like the homeowners and was using planning objections as harassment. Don't be that neighbour.

The Granny Flat Letter Collection

Woman building a complying development granny flat received this objection: "I don't want renters in the area, it will bring down the tone."

Apart from being deeply classist, it's also completely irrelevant. Who lives in a dwelling and whether they're renters or owners is not a planning matter. CDC approved, neighbour fumed, life went on.

What Happens After Objections Are Lodged?

Council's Assessment Process

Once the notification period closes, council's planner reads every submission (they have to - it's legally required). They then:

1. Identify Valid Concerns Sort legitimate planning issues from general whinging

2. Request Your Response Council might send you a "Request for Information" (RFI) asking you to address objections. This is your chance to respond professionally.

3. Assess Against Planning Controls Council weighs objections against planning rules. If you comply with the rules, objections alone won't sink your DA.

4. Make a Recommendation The planner prepares a report recommending approval, refusal, or approval with conditions.

5. Determination Depending on the DA, it's determined by council staff under delegation or goes to a council meeting for elected councillors to vote on.

   
   

Your Right to Respond

If council sends you objections to address, don't ignore them. Even if you think they're ridiculous, respond professionally. A town planner can help draft responses that address concerns with planning arguments.

Common responses might be:

• Providing additional shadow diagrams showing minimal impact

• Demonstrating compliance with privacy controls in the DCP

• Including privacy screens in the design to address overlooking concerns

• Adjusting materials or colours to address character concerns

• Modifying the design to reduce height or setback concerns slightly

Sometimes small tweaks satisfy council and objectors. Sometimes council approves despite objections because you comply with the rules.

Can Neighbour Objections Actually Stop Your Project?

Short answer: Sometimes, but only if they've identified genuine planning issues.

Long answer: It depends on several factors:

If You Comply with Planning Controls

If your DA meets all the numerical requirements (height limits, setbacks, FSR, site coverage) and the design is reasonable, objections alone usually won't stop you. Council approves DAs that comply with planning rules even if neighbours hate them.

If You're Seeking Variations

If you're asking council to approve something that doesn't strictly comply with the rules (like a setback variation or height breach), objections carry more weight. Council has discretion to refuse variations, and neighbour concerns factor into that discretion.

If Objections Raise New Issues

Sometimes objections identify genuine problems you and your designer missed:

• A tree you didn't realize was protected

• Overshadowing impacts you underestimated

• Traffic issues you hadn't considered

• Heritage implications you overlooked

In these cases, objections help council identify legitimate reasons for refusal or conditions.

If You're in a Controversial Area

Heritage conservation areas, environmentally sensitive areas, or neighbourhoods with active residents' associations see higher objection rates and council is more cautious about approvals.

Horror Stories: When It All Goes Wrong

The Serial Objector

Bloke in Canterbury tried to build a regulation-compliant deck. Neighbour objected. Council approved. Neighbour appealed to Land and Environment Court. Lost. Council issued Construction Certificate. Neighbour called WorkCover making false safety complaints. Called police claiming building work was happening outside permitted hours (it wasn't).

Eventually homeowner got an Apprehended Violence Order against the neighbour for harassment. The deck got built. The neighbour moved away. Cost the homeowner $40,000 extra in legal fees and stress.

Moral: Most neighbours are reasonable. But one in a hundred is absolutely bonkers, and there's not much you can do except document everything and push through.

The Backflip

Client got approval for two-storey extension. Neighbour objected during notification but council approved anyway. Homeowner started construction. Three months in, same neighbour complained about construction noise at 10am on a Wednesday (totally permitted hours).

Council investigated, confirmed construction complied with conditions. Neighbour then complained to Fair Trading, then to the Ombudsman, then wrote to their local member of parliament. None of it went anywhere because the DA was properly approved and construction was lawful.

But the stress and time dealing with complaints was enormous. Sometimes you can do everything right and still have a nightmare neighbour.

How to Minimize Neighbour Objections

Before You Lodge: The Friendly Chat

Consider having an informal chat with immediate neighbours before lodging your DA. Show them the plans. Explain what you're building and why. Listen to their concerns.

Benefits:

• They feel respected and included

• You can address concerns early (cheaper than redesigning after objections)

• They might even write a letter of support

• Prevents shock when they get council's letter

Risks:

• They might object anyway

• They could get worked up and organize opposition before you even lodge

• Some people are better not engaged early (read the room)

Pro tip: Don't promise to change things based on their feedback unless you actually will. Empty promises create more bad blood than not asking at all.

Design Considerately

Even if you comply with all rules, some considerate design choices reduce objection likelihood:

• Privacy screens where your deck overlooks neighbours

• Setback upper floors further than minimum requirements

• Use recessive colours and materials that blend with the neighbourhood

• Retain significant trees where possible

• Maintain reasonable solar access to neighbours' yards and windows

Get Professional Help

Town planners and architects who know your council understand local hot buttons. They can design projects that comply with rules while minimizing neighbour impact.

Don't Be a Dick During Construction

Objections aside, you still have to live near these people. During construction:

• Stick to permitted construction hours

• Keep noise reasonable

• Don't block streets or driveways

• Clean up builder's mess promptly

• Give neighbours a heads up about noisy work (concrete pours, excavation)

Common courtesy goes a long way to maintaining neighbourhood harmony.

What If Your DA Gets Refused Because of Objections?

First, check council's refusal reasons carefully. Are they refusing because of objections or because of legitimate planning issues?

Your Options:

1. Modify and Resubmit Address the concerns raised, redesign problematic elements, and lodge a new DA. Cheapest option but takes time.

2. Section 4.55 Modification If you had previous approval, you might be able to modify it rather than start fresh.

3. Appeal to Land and Environment Court If you believe council's refusal was unreasonable and you can demonstrate planning merit, you can appeal. Expensive ($30,000-$100,000+ in legal fees) but sometimes necessary.

4. Negotiate with Objecting Neighbours Sometimes you can work out a compromise directly with neighbours - extra screening, design modifications, legal agreements about maintenance. Then resubmit with their support.

5. Give Up and Move Sometimes the fight isn't worth it. Serious answer: if your neighbourhood is actively hostile and you hate your neighbours, maybe this isn't the right place for your project.

The Ridiculous Objection Hall of Fame

Because we all need a laugh, here are real objections council had to deal with:

The Jealousy Objection

"They shouldn't be allowed to build a pool because we can't afford one."

Council's response: Approved. Planning system doesn't enforce economic equality in backyard amenities.

The Psychic Objection

"I predict this will cause problems in the future."

Council's response: Crystal balls aren't in the planning assessment guidelines. Approved.

The Possessive Objection

"We've enjoyed looking at their backyard for 20 years and don't want it to change."

Council's response: You don't own your neighbour's property or their view. Approved.

The Paranoid Objection

"The new windows will allow them to spy on us with binoculars."

Council's response: Privacy concerns relate to normal casual overlooking, not hypothetical surveillance equipment. Approved.

The Aesthetic Objection

"The colour scheme is hideous and offends my artistic sensibilities."

Council's response: Personal taste isn't a planning ground for refusal. Approved.

The Property Lawyer Objection

"This breaches my property rights under common law and the Magna Carta."

Council's response: We assess DAs under the Environmental Planning and Assessment Act 1979, not medieval English law. Approved.

Key Takeaways: The No-BS Summary

1. Neighbour notification is mandatory - If you're doing substantial work, neighbours will be told. Accept it and move on.

2. Objections are common - Don't take them personally. About 30-40% of DAs get at least one objection. Most still get approved.

3. Valid concerns matter - If objections raise legitimate planning issues (privacy, overshadowing, non-compliance), address them properly.

4. Invalid complaints are ignored - Council can't consider property values, general opposition, personal disputes, or construction inconvenience.

5. Compliance is your best defence - If you meet planning controls, objections alone rarely stop approval.

6. Consider talking to neighbours early - Not always necessary, but can prevent drama if you judge the situation right.

7. Respond professionally - If council asks you to address objections, do it properly. Get a planner's help.

8. Some neighbours are unreasonable - 1-2% are genuinely difficult. Document everything, be lawful, and push through.

9. Council decides, not neighbours - The planner assesses your DA on planning merit, not neighbourhood popularity.

10. Most projects get approved - Despite objections, most reasonable DAs that comply with rules get approved eventually.

Final Thoughts

The neighbour notification process exists for good reason - what you build does affect people around you. But it's also a system that can be gamed by unreasonable people who oppose change or have personal grudges.

The key is understanding that objections are just one input into council's assessment. If your project has genuine planning merit, complies with rules, and you've made reasonable efforts to minimize impacts, you should get approval.

Will your neighbours be happy? Maybe not. But that's not actually council's job. Council's job is assessing planning applications against planning law.

Your job is lodging a compliant DA, responding to legitimate concerns professionally, and not letting one cranky neighbour derail your entire project.

And remember: once your extension, deck, or granny flat is built and looks great, even the objectors usually come around. Or they move away. Either way, you've got your improved home.

Need help navigating objections or responding to neighbour concerns? Check out DAPlanningMate.com.au - we'll help you understand what's valid, what's BS, and how to respond.

Now go build that deck. Just maybe buy your neighbours a six-pack first.

Cheers!

Disclaimer: This blog provides general information only and doesn't constitute professional planning advice. Rules vary by council and change over time. Always check with your local council or consult a qualified planning professional before acting on anything in this blog. Neighbour relations advice not guaranteed - some neighbours are just difficult.