THE lengthy battle between a Doubleview resident and the City of Stirling over a wall built without approval has ended.
The owner of a Moorland Street property built an extended retaining wall and 1.8m street fence above the 1.3m wall at the front of the home without City approval in December 2016.
Council refused a subsequent retrospective application last December because the street walls and fences, sight lines, site works and retaining walls did not meet R-codes requirements though a City report said it could be supported under design principles.
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READ NOWIt returned to council on March 20 after the applicant appealed to the State Administrative Tribunal and submitted amended plans, at an estimated cost of about $15,000 to the City.
Adjacent neighbours previously presented against the structure, concerned about the effects including from lack of sight lines that they said was dangerous to pedestrians.
A report by the City recommended approval subject to conditions, including that the fence be modified to create 1m x 1m sight lines, fence panels be at least 50 per cent visually permeable, the fence made to meet pool safety requirements and structures to be within the subject lot.
The report found variations to the street setback, height and sight lines met relevant design principles.
But Councillor Giovanni Italiano was worried about the precedent granting approval would set and moved an alternative motion to refuse.
“What are we saying? That if someone comes back and comes back, we approve it because we get sick of it?” he said.
“It makes us look silly to everyone out there.
“We’re pleasing one person in the middle and annoying two others.”
Cr Stephanie Proud agreed and was worried it would encourage residents to seek retrospective approval.
But Cr Karen Caddy believed the truncation would fix the sight line issues and that the wall was in keeping with other properties in the area so should be approved.
Cr Italiano’s motion was lost and council instead passed the report recommendation, with Crs Italiano, Proud, Elizabeth Re and Joe Ferrante voting against.
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