There's no question that purchasing a piece of land and securing a home can be a difficult and costly process. In addition to the high price of real estate, several regulations and requirements can make it difficult for an average person to purchase a home.

Single mother Jennifer Peace claims that the local government has destroyed her life after being denied permission to construct her dream home on a plot of land she had purchased in Manly, Sydney.

Speaking to A Current Affair, the mum-of-two said: 'We have no home, no money and no future thanks to their mistake.'

Peace explained how her desire to create a home for herself and her two young daughters led her to buy a plot of land.

She had checked with the Northern Beaches Council (NBC) to ensure there were no easements or restrictions on the land that would prevent her from building, as per her lawyers' advice.

'The answer came back on several council documents that the land was all good to build on. So I purchased the land and submitted my plans for our dream home,' Peace said.

Peace claimed that her life was ruined because of the council’s red tape on her property. Credit: Channel 7.​

However, soon after she purchased the land, the council came back to her and said she couldn't build on the block due to council stormwater pipes running through it.

The mum shared: 'Soon after council came back to me and said I couldn't build on this block because it had council stormwater pipes going through it.'

This was five years ago, and today her block is overgrown and she is struggling to keep up with mortgage payments.

Her lawyer, Arthur Carney, has described the situation as 'the worst case [he's] seen in 40 years in the business'.

'She did all the right things before purchase and then suddenly (the) council unearthed a long lost document,' Atty Carney explained.

Peace has been requested by the NBC to apply for compensation to remove and reroute the pipes, but she says the cost would be enormous and she has no guarantee from council that she would be reimbursed after the job was done.

She said: 'They could very well refuse the compensation claim and they also want to take around 20 per cent of my land as an easement.'

'They told me before purchase there were no easements, now there is. It's just not fair.'

Peace cannot start the construction of her property until council grants her a permit. Credit: Channel 7.​

The Northern Beaches Council released a statement regarding Peace's case.

It read: 'Since becoming aware of Ms Peace's situation, Northern Beaches Council has done everything in our power to assist Ms Peace including fast-tracking the assessment of her development application, deferring her bond payment so she could obtain a construction certificate and writing to Revenue NSW to support her application for a tax exemption.'

'On a number of occasions Council has encouraged Ms Peace to submit a Claim for Compensation to cover the stormwater pipe relocation cost. The last correspondence with Ms Peace regarding this was in July 2021 where she was provided with, and encouraged to complete, a claim form and provide the relevant documentation.'

'To date Council has still not received this claim and we would again urge Ms Peace to submit it as soon as possible so her claim for compensation can be assessed.'

Peace responded to NBC's claims in a sworn statement, refuting some of the narratives.

Statement: 'Council asserts they fast-tracked DA.'

Peace's response: 'Council expedited the actual DA due the fact that they had caused delays of several months getting to the DA stage.'

Statement: 'Council asserts they have deferred the bond payment.'

Peace's response: 'This is untrue. Terms of the DA were not modified, and the council is currently holding $120K of my money as a 'bond'. Council holds my money as surety over its own pipes which it is demanding I remove and replace (they are failing and leaking).'

Statement: 'Council asserts it has written to Revenue NSW to support her application for a tax exemption.'

Peace's response: 'Council wrote to The State Revenue dept. to try to assist me because the council's own delays and the ongoing issue with the pipes is what has precluded me from building. Under NSW law, if a person does not build and occupy within 4 years then they are liable for accumulated land tax. State Revenue has rejected my request for exemption because the delays caused by Manly Council / Northern Beaches Council (do not satisfy clause 6 of the LTMA. I was judged liable for over $80K in costs.'

Statement: 'Council asserts it has asked me to submit a Claim for Compensation to cover the stormwater pipe relocation cost.'

Peace's response: 'Council expects me to remove and replace its own pipes, pay for all costs, and then provide receipts to see if a compensation claim is successful.'

'Council incorrectly subdivided the land claiming it has no 'burdens or easements' – I do not have $100K 'upfront' to fix council's error.'

'I am nervous that once the pipes are replaced at my expense, the council will reject a compensation claim and I will have no right of recourse.'

‘Council also requested me to provide approximately 20% of my land for free to council as a new easement. Council has not offered any monetary compensation for this. It should also be noted that providing this land to the council then pushes the block size under 250 sqm (the minimum legal subdivision size in NSW), meaning the subdivision is no longer permissible.'

Peace's story highlights the difficulties that many people face when trying to navigate the often-complex world of council regulations. It also serves as a reminder of the importance of doing thorough research before making any major purchase. In this case, it seems even the due diligence of contacting the council is not enough.

The situation highlights the realities that many people face due to the housing crisis in Australia.

Have you experienced a similar situation before? Mind sharing your stories with us in the comment section below?

 

[Ricci]

In these David and Goliath contests very rarely does David come out on top.

 

[Tipsy]

There's no question that purchasing a piece of land and securing a home can be a difficult and costly process. In addition to the high price of real estate, several regulations and requirements can make it difficult for an average person to purchase a home.

Single mother Jennifer Peace claims that the local government has destroyed her life after being denied permission to construct her dream home on a plot of land she had purchased in Manly, Sydney.

Speaking to A Current Affair, the mum-of-two said: 'We have no home, no money and no future thanks to their mistake.'

Peace explained how her desire to create a home for herself and her two young daughters led her to buy a plot of land.

She had checked with the Northern Beaches Council (NBC) to ensure there were no easements or restrictions on the land that would prevent her from building, as per her lawyers' advice.

'The answer came back on several council documents that the land was all good to build on. So I purchased the land and submitted my plans for our dream home,' Peace said.

Peace claimed that her life was ruined because of the council’s red tape on her property. Credit: Channel 7.​

However, soon after she purchased the land, the council came back to her and said she couldn't build on the block due to council stormwater pipes running through it.

The mum shared: 'Soon after council came back to me and said I couldn't build on this block because it had council stormwater pipes going through it.'

This was five years ago, and today her block is overgrown and she is struggling to keep up with mortgage payments.

Her lawyer, Arthur Carney, has described the situation as 'the worst case [he's] seen in 40 years in the business'.

'She did all the right things before purchase and then suddenly (the) council unearthed a long lost document,' Atty Carney explained.

Peace has been requested by the NBC to apply for compensation to remove and reroute the pipes, but she says the cost would be enormous and she has no guarantee from council that she would be reimbursed after the job was done.

She said: 'They could very well refuse the compensation claim and they also want to take around 20 per cent of my land as an easement.'

'They told me before purchase there were no easements, now there is. It's just not fair.'

Peace cannot start the construction of her property until council grants her a permit. Credit: Channel 7.​

The Northern Beaches Council released a statement regarding Peace's case.

It read: 'Since becoming aware of Ms Peace's situation, Northern Beaches Council has done everything in our power to assist Ms Peace including fast-tracking the assessment of her development application, deferring her bond payment so she could obtain a construction certificate and writing to Revenue NSW to support her application for a tax exemption.'

'On a number of occasions Council has encouraged Ms Peace to submit a Claim for Compensation to cover the stormwater pipe relocation cost. The last correspondence with Ms Peace regarding this was in July 2021 where she was provided with, and encouraged to complete, a claim form and provide the relevant documentation.'

'To date Council has still not received this claim and we would again urge Ms Peace to submit it as soon as possible so her claim for compensation can be assessed.'

Peace responded to NBC's claims in a sworn statement, refuting some of the narratives.

Statement: 'Council asserts they fast-tracked DA.'

Peace's response: 'Council expedited the actual DA due the fact that they had caused delays of several months getting to the DA stage.'

Statement: 'Council asserts they have deferred the bond payment.'

Peace's response: 'This is untrue. Terms of the DA were not modified, and the council is currently holding $120K of my money as a 'bond'. Council holds my money as surety over its own pipes which it is demanding I remove and replace (they are failing and leaking).'

Statement: 'Council asserts it has written to Revenue NSW to support her application for a tax exemption.'

Peace's response: 'Council wrote to The State Revenue dept. to try to assist me because the council's own delays and the ongoing issue with the pipes is what has precluded me from building. Under NSW law, if a person does not build and occupy within 4 years then they are liable for accumulated land tax. State Revenue has rejected my request for exemption because the delays caused by Manly Council / Northern Beaches Council (do not satisfy clause 6 of the LTMA. I was judged liable for over $80K in costs.'

Statement: 'Council asserts it has asked me to submit a Claim for Compensation to cover the stormwater pipe relocation cost.'

Peace's response: 'Council expects me to remove and replace its own pipes, pay for all costs, and then provide receipts to see if a compensation claim is successful.'

'Council incorrectly subdivided the land claiming it has no 'burdens or easements' – I do not have $100K 'upfront' to fix council's error.'

'I am nervous that once the pipes are replaced at my expense, the council will reject a compensation claim and I will have no right of recourse.'

‘Council also requested me to provide approximately 20% of my land for free to council as a new easement. Council has not offered any monetary compensation for this. It should also be noted that providing this land to the council then pushes the block size under 250 sqm (the minimum legal subdivision size in NSW), meaning the subdivision is no longer permissible.'

Peace's story highlights the difficulties that many people face when trying to navigate the often-complex world of council regulations. It also serves as a reminder of the importance of doing thorough research before making any major purchase. In this case, it seems even the due diligence of contacting the council is not enough.

The situation highlights the realities that many people face due to the housing crisis in Australia.

Have you experienced a similar situation before? Mind sharing your stories with us in the comment section below?

Unfortunately NO ONE owns their land or home anymore in Australia.... even if you pay for it out right you NO LONGER GET THE TITLE DEED..... and addendum... If you do you are very lucky indeed

 

[Ricci]

Unfortunately NO ONE owns their land or home anymore in Australia.... even if you pay for it out right you NO LONGER GET THE TITLE DEED.....

Since when? I have the Title Deeds to my home, bought when I downsized 4 years ago.

 

[Vinylted]

I have my title deeds..

 

[gordon1940]

Unfortunately NO ONE owns their land or home anymore in Australia.... even if you pay for it out right you NO LONGER GET THE TITLE DEED.....

What! More info please. That certainly is not the case in WA.

 

[Alan W]

In Queensland there are no longer any physical paper deeds / certificates of title, it is just an electronic record but that doesn't alter a persons' ownership of the land.
And council having an easement over 20% of the land doesn't mean you 'own' 20% less land; it just means there is a restriction on what you can do with that part of the land which is subject to the easement.

 

[RTS]

Unfortunately NO ONE owns their land or home anymore in Australia.... even if you pay for it out right you NO LONGER GET THE TITLE DEED.....

It's true that you no longer automatically get title deeds but if you pay you can get them from the state lands department.

 

[Ezzy]

Unless any of the statements from either party are in writing they could say anything. Council could also claim they misunderstood the questions being asked & therefore gave out incorrect information. Easements should surely have been shown on any drawings held by the Council & should have been requested.

I believe the council should carry the cost of moving this line without the need to resume any land. Can this problem be further overcome by sinking pylons into the ground to a depth that will support any foundation built over the top of the stormwater pipes.

I did work for a lady in our hills area who had an open creek running under her home. Her home was a prefab design but still had to satisfy tough council regulations to be built.

 

[Aenantar]

After such situations, I am still surprised that people buy plots where no one has lived. The bureaucracy is arranged in such a way that at any moment, a document may appear that may affect the decision on the construction of the site. The USA is not Japan, where ownership is almost the most important. I feel sorry for this woman because she will likely have to solve this situation for many more years. Perhaps she could attract more public attention if she posted the discussion on councilratings.co.uk. Prominent politicians like to help solve such problems to look humane.

 

[Tipsy]

It's true that you no longer automatically get title deeds but if you pay you can get them from the state lands department.

thanks for that info, it seems so obvious really if you want anything these days especially from a government department you HAVE to pay for it even when it should have been given to you automatically....