The Basics
The first you might learn of a development application is a council notification dropping into your letter box. At times though, the applicant might approach neighbours to discuss the proposed development before an application is submitted. This is good practice - many councils actively recommend it.
What are the benefits?
Even if the proposed development is something you are instinctively opposed to, there are potential benefits to opening a line of communication with the applicant:
Develop an early understanding of what is proposed.
Give yourself more time to prepare and inform yourself.
Tell the applicant your concerns (overshadowing, privacy, views etc). That gives them the opportunity to design to minimise or avoid those impacts. Whether the applicant is a professional property developer or your neighbour, it is in their interests to obtain their development approval as quickly as possible. If there is something that can be done to avoid or minimise impacts, many will be happy to make amendments.
The earlier in the design process the applicant knows what the concerns are, the easier it is to design to avoid or minimise impact. You would be amazed how many people are fixated on what they want to achieve whilst remaining blissfully unaware of the external impact they are causing – and how easy it often is to accommodate neighbour concerns while still achieving what they want for their land.
Should I make the first move?
If you hear about a proposed development through the grapevine, or the site next door has just been sold for its ‘redevelopment potential’, it’s open to you to make the first move and offer to discuss your concerns and what can be done to alleviate them. The earlier a line of communication is opened, and the more constructive the discussion between you and the neighbour/developer, the greater the prospect for a better outcome ensuing.
What if the applicant asks for access to my property?
For certain types of impact the applicant might ask permission to access your property. A common example occurs where ‘view impact’ is an issue, as the most accurate way of demonstrating this is a process whereby a computer model of a proposed development is superimposed on photographs of the view affected - this can only be (accurately) done if access is obtained to the affected property in order to take the photographs.
You are under no obligation to allow access, but subject to usual security and privacy considerations, there are benefits to you, as a potential objector in finding out, objectively and early on in the process, what the impact will be. If the view impact arises from a part of the building that can be modified quite easily, it’s also possible that this can be negotiated before the DA is submitted to council.
If you do decide to allow access it is a good idea to confirm what you have agreed with the applicant in writing, for example:
The purpose for which you are allowing access.
Who you are approving for access.
Whether access is conditional on the applicant providing you with something – an advance copy of the generated view images for example.
Are there any disadvantages?
Speaking to prospective applicants is uncomfortable for some people, and there may be concerns that the applicant may later misrepresent what you have to say. You can minimise this risk by making a record of your meeting and perhaps sending a copy of this to the applicant.