Robyn Davies was the first to build in a Rutherglen estate promoted for its "tranquil lifestyle blocks".
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
But Ms Davies’ views from her property in Clydesdale Estate have been obscured by a large shed her neighbour is building, highlighting what she believes is a flawed approval process.
“When the slab was put down, we thought, ‘this looks like it will be big’, but it wasn’t until the frame went up did we realise what sort of impact it would have,” she said.
“You could live in it, it’s that huge.
"Why is there not legislation in place requiring a planning permit for that size, so people can have a say?"
The state legislation points first to the relevant local planning scheme, but where there is none, restricts the height of class 10a buildings such as sheds to 10 metres.
You might also like:
A structure more than 3.6 metres in height but smaller than 6.9 metres must be set back from a property boundary by at least one metre, plus an extra 30 centimetres for every metre higher than 3.6m.
However only when a planning permit is required, which is in rare circumstances for sheds, are the property owners required to notify neighbours.
According to the Indigo planning scheme, a permit is not required to build a shed less than 100 square metres in floor area, but larger sheds require a building permit and all must comply with the Building Regulations (2018).
Chief executive officer Trevor Ierino said the shed being built by Ms Davies' neighbour met planning and building requirements.
"Council is working within state law which means it is unable to it modify at a local law level," he said.
"The only time that this process goes to an objection process is when the proposed structure is not compliant with the Building Regulations (Part 5).
"In this case it must be referred to council as a 'Report and Consent to set aside Building Regulations'."
Ms Davies said she and another neighbour felt their properties had been devalued by the structure, impacting views of Mount Bogong and general amenity of their blocks.
"We worked really hard to get this, and now all we will see when we look out is a big black blob," she said.
"What happens if every person that builds here wants a shed of that size? It will look like an industrial estate.
"We are not against our neighbour having a shed, but if we had been consulted, it could have been done in a way that didn't impact on us as much."
Ms Davies said there should be stronger guidelines around the approval process for sheds of such a size, requiring notification of those nearby who could be affected.