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1. 13 Shepard Street excavation next to 82, Woods Street, Darwin 0886

   Dear Sir,
   I am the Chairman of the 82 Woods Street, Darwin, 0800
   Next door at 13 Shepard Street the builder has dug a three story hole under the boundary fence . He is building a 10 story building right up to the boundary line and wants to put his scaffolding on our property blocking the car parks and destroying our garden.

   We have received no notice that he was building on our boundary line until the hole was dug and we were covered in a thick coat of dust.

   He expects us to come up with a solution. He has totally removed all the land on his block.

   Can he do this without communicating with us first?
   What planning and building protections do we have.

   Our garden is being destroyed, parks are under threat of falling into a three story hole and our buildings foundations maybe at risk,

   I have intrusted the Body Corporate Managers (Whittles) to inform the builder that we will put forward a formal resolution to a special meeting of the Body Corporate after taking professional advice. And that he is welcome to submit his scaffolding plans and his proposals to the general meeting for their consideration. You can also advise him that his proposals will be accepted for consideration constructively and without prejudice.

   It is extraordinary that an experienced builder does not know due process or building regulations are. He has made no detailed reference to the building code and expects us as private citizens to know what the development process is . Expecting the neighbouring property, us to come up with a solution to a situation he has created. He has not presented any notice of his intent to remove 13 Shepard Street from the landscape and replace it with a three story hole. He decided where the boundary is and removed the fence supports.
   The only communication with the builder has been oral over the telephone, with no formal plans to make an informed decision.
   As the Chairman of the body Corp it is my roll to voice and sign off on the behalf of the Body Corporate in line with existing policy, the budget or formal resolution within the Unit Titles Act. In this case policy is silent and no recommendations have been put to the Body Corporation via the Body Corporate Managers (Whittles) as of yet, as the consultation process, be it oral has only began after the excavations commenced and have all but been completed. We are being asked to play catch up with our property on the edge of a precipice that once was 13, Shepard Street.
   No resolution has been made. Myself as Chairman and a committee member Amanda Lingwood are at the assessing the situation stage.
   Not knowing what the process was through Whittles we have instructed the relevant Authorities to be advised of what has happened so that we can inform the Body Corporate of the situation with regard the risks to the Body Corporate with regard to Health and Safety, Structural Risk, inconvenience and loss of amenity, before a recommendation to a special general meeting of the body corporate.
   A letter has been sent to all owners advising them of the situation.
   
   As the Chairman of the 82 Woods Street, Darwin, 0800 I have instructed Whittles to attain quotes on attaining legal advice as to the legality of what the builder has done and our rites and responsibilities in dealing with this situation. Including how much the committee can spend in regard to the Unit Titles Act in obtaining legal advice without calling a Special General Meeting.
   Also the amount the committee can spend in regard to the Unit Titles Act in obtaining the services of a surveyor without calling a Special General Meeting.
   
   As Chairman of the 82, Woods Street Darwin Body Corporate I have formally instructed Whittles Body Corporate Managers not to permit access to the Builders and his representatives onto our property without formal consent from the committee. And to advise the Builder that we expect to him make safe the boundary fence and the land on our side of the boundary.
   
   Also to inform the builder to conduct his construction of his building on his side of the boundary line and not to disturb or damage the garden and or any part of our property.
   The trees have ropes tied around them supporting the boundary fence which is damaging the trees and putting the boundary safety in question and the sprinkler system has screed coated over it. This was done without consent. The builder has to rectify this damage.

   Please advise.

   
   Yours sincerely
   
   David Jeffery Norton
   Chairman 82, Woods Street, Darwin Body Corporate.

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