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PostPosted: Wed Jan 26, 2011 9:30 pm 
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Junior Champion Bird
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Location: Ringwood, VIC
Actually chicken07, it did make me feel in some small way that I was standing up for myself (sort of). He's a massive control freak and has got quite indignant when I haven't done as I'm told so deep down inside it makes me feel like I'm winning in some small way.

He now won't sign the permit application for my extra chooks until I remove the old coop from beside the fence but the council have inspected everything to do with the relocation and are happy with it and have told me not to worry about his signature, so hopefully I'll win that round as well! That'll really p him off hehe.

He and "the little woman" are away at the moment so I feel as free as a bird; quite nice, the stress has gone. Not sure for how long but I'm certainly going to enjoy it and so will my cats - they'll be rapt that they can go outside to the toilet (they hate using the kitty litter).

I'm going to the courts tomorrow to apply for the intervention order and then I'll be off to his estate agent. Wouldn't it be just wonderful if he got evicted? I live in hope. I can't believe that I, an animal lover could be so unlucky to end up next door to an animal hater after all these years.


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PostPosted: Wed Jan 26, 2011 9:54 pm 
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Showy Hen
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Joined: Fri Aug 27, 2010 11:19 am
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Location: Middleton, SA
OMG your neighbour sounds like a complete psycho, who the hell does he think he is? If he doesn't like the fact that you have pets and your house overlooks his maybe you should remind him that nobody forced him to live there and he could have chosen somewhere else. I really hope you stand your ground and don't let him dictate the terms, he must make your life a misery and for that I really feel sorry for you. Be strong and dig your heels in. Revenge is a dish best served cold....lol!!! feels good doesn't it !? :biggrin:


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PostPosted: Tue Feb 01, 2011 6:11 pm 
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Showy Hen
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Joined: Sat Feb 13, 2010 8:09 am
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Location: collinsville qld
Epiphany, how are you going?. How is Artemis?

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PostPosted: Sat Feb 05, 2011 1:46 pm 
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Proud Rooster
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Joined: Tue Jun 22, 2010 8:59 am
Posts: 268
dickdi wrote:
Yes, neighbours are interesting people aren't they?

Here's my story. I have never in thirty + years of renting had a problem with neighbours and I've moved about 20 times since moving out of home at 17.

The difference with neighbours - I lived in Park Orchards on a corner acre block for a year with no fences and my chooks (a dozen or so then) had a ball. They occasionally wandered over the street to neighbours' houses and laid eggs in their gardens and invariably I would look out the window and cars would be stopped to let them cross to go back home. Luckily it wasn't a busy street and an amazingly caring community. Lots of people had chooks in the area and everyone knew mine because they are so pretty. Kids used to come and visit to see babies and I've reared and given many babies to the locals to start them off.

Lovely neighbourhood and not ONE person was perturbed by someone having chooks. The eggs were very sought after as well.

Then I had to move (the house was being demolished) so I moved to Ringwood on a third acre block between two houses. One neighbour loves the sound of the bokking when they lay an egg and often peers over the fence to watch them pottering around my yard. She finds them very relaxing.

The other neighbour - oh my god, what an a*#@hole! Excuse the language but I can't think of a word strong enough to describe this moron.

When he and his downtrodden wife moved in a few months after me, I went over to welcome them with some eggs and to tell them that if there is ever a problem with my dogs barking (I am a groomer so sometimes there's excitement in the camp, albeit only momentarily) to please let me know. Got quite a cold reception but didn't worry too much, just thought oh well, some people just aren't friendly.

Next thing I know, council guy at front door saying they'd had a complaint about an unregistered business running with heaps of dogs. He checked out the salon, asked a few questions and said he doesn't see what the problem is considering I only groom one dog at a time, not running a nursery - and by the way, the business IS registered and I showed him the certificate.

I visited the neighbour and asked if the dogs barking is a problem when a customer arrives with their dog. Off he went - the list of problems went like this

We don't like animals, that's why we don't have any

I don't like your cat coming in my yard - fair enough, just chase them out or hose them was my suggestion; they won't come back but no, "I don't want to look after your animals". Okay, so he's not interested in deterring them, just wants to whinge

We don't have enough privacy because your house is higher than ours and you can see into our yard - I assured him I'm not interested in looking at him

Do you mind if I paint your chicken coop, it's ugly, to which I laughed and said "go for it". It's corrugated iron and about a foot of it is above the colourbond fence.

The sportsmen playing on the oval at the back of our houses make too much noise and they have functions on at night sometimes, that's pretty annoying don't you think? Well, no I answered, I don't really care, we live in suburbia here, there's going to be noise.

The children on the other side of him are annoying when they squeal and play. What the ?

When do I plan on mowing my lawn, the grass is falling through the bars of the fence (front yard area is like a pool fence) into his yard. Mmmm, that is just terrible isn't it? I soon lost interest in the conversation and closed it off and went back home gobsmacked. One day when I was out I came home to find he had been on my property, in my yard and dug a little trench along the fenceline on my side and dug out the grass that had been falling through the fence. I rang the police to enquire about trespassing so they noted it down and suggested I go to the local court to get an order etc. I didn't worry too much but decided not to have anything to do with him.

Naturally I stopped giving them eggs after this then every single weekend I was out in the yard, he would stand up on an old fridge he has and hang over the fence to see what I was doing and ALWAYS without fail would have something to complain about. I took it all in good humour for a while for the sake of peace and brushed it off a bit then one day I asked if the chooks were making too much noise in the morning when they laid their eggs. He said "no, they don't worry me, I sleep on the other side of the house, they might worry ----- (wife) though, she sleeps on this side but she's never said anything". Okay, that's good then, let me know if they do.

Sometime after that a neighbour's dog 3 doors up was barking at possums at 1.30 am and I felt I had to go outside to let the moron know it wasn't MY dog. He was out on his verandah yelling out "if you don't shut that f---ing dog I'll come and f---ing shut it up permanently." Nice guy. That concerned me a little and I've let that neighbour know what he said.

Two weeks later, my dogs were going mental outside and I was working so went out to find out what the kafuffle was and lo and behold, there's 2 council rangers (one a woman and the bitch from hell) in HIS yard, leaning over the fence taking photos of my chickens. I went ballistic. I rang the Council and reported them to the supervisor. I told them about him coming on to my property uninvited and said the chooks weren't a problem until I stopped giving him free eggs.

They have since paid me a visit and told me I need to move the chickens and the pen because the council regulations are they have to be 8 metres from his dwelling and currently they are only 7 metres. I have since relocated them further down my backyard.

The weekend before Christmas I was once again working on a Saturday afternoon and heard a helluva rucous and went outside to see this lunatic running down his yard banging furiously on the colourbond fence and screaming "get out of my f---ing yard, you f---ing something or other (can't remember the word), get the f--- out of my yard".

I asked what the problem was and he screamed at me "your f---ing cat was in here and if I see it in here again I'm going to set a trap and wring its neck". He then started ranting about all the things that annoy him and wouldn't stop yelling and abusing me so I just went back inside. I was distraught about the threat so I rang the police and they put it on record. They suggested I get an intervention order against him and told me to let the RSPCA and his estate agent know all these things.

I now have to keep my cats locked inside which they hate of course. I no longer go outside on that side of the house when his car is there and my housemate has moved out because she is no longer comfortable living here.

So life's pretty stressful at the moment - awaiting council approval for the extra chickens; we're only allowed 5.

Wow, I feel so much better now getting all that off my chest.



Maybe if his wife slept on the same side of the house as him he wouldn't be so miserable, but can surely sympathise why she might not want to


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PostPosted: Sun Feb 06, 2011 11:01 pm 
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Showy Hen
Showy Hen

Joined: Tue Mar 10, 2009 1:23 pm
Posts: 174
Location: Narre Warren South, Melbourne
Hi. Just thought I'd give an update...my computer died (sigh) but we're back up again (yay!).

Righto...where to start. I went to see my lawyer. He was very helpful. However, it sounds like it's going to be slightly tricky. I have to plead guilty because for these sorts of things, intent is not considered when making a plea (unlike murder, for example..."not guilty because I didn't mean to kill him"). I am technically guilty of the offenses as I did not have a permit at the time. HOWEVER, I argue intent as part of my defense. My lawyer is very confident that I will get off without a fine, etc, as not only has the Council issued the fine despite my complying with the original notices (I applied for a permit), but they have failed to follow due process when considering my application & have also not fined me for the second notices before sending me to court. Among many other things I can use as defense (eg not being told the proper process to appeal, not being informed of my rights, etc etc etc). It is essentially one big stuff up on the part of Council.

Having said that, the Magistrate's Court cannot process my appeal for the permit. They can compel the Council to actually look at it (I *still* have heard nothing back from the Council about it) but can't actually grant a permit. I will need to take the Council to VCAT if they block my appeal. Which could be very costly. The lawyer is currently looking at my options for this.

The original Court date was Friday just gone however, we had it adjourned. I wrote to the Council asking for a summons for the outstanding fine so it can all be dealt with together (as they still haven't acted on my application to have it reassessed, so it will now be accruing penalties). I have yet to receive it (sent it over 3 weeks ago). Lawyer has written to the Council to obtain a copy of all their evidence against me (they have to provide a summary of evidence as part of bringing charges against me)...this should include all the original complaints, objections to the permit, plus my appeal (& if it doesn't include my appeal, he will be demanding a copy of it so it is included in the evidence). This was also sent over 3 weeks ago. We're still waiting for it. A new Court date should be set soon (they do it after the original date)...normally it is in about 4 weeks from the original date.

I asked the lawyer about going to the media. He personally doesn't think it will make any difference to the case. But it might highlight a few issues. However, he suspects the Council will just claim they were simply responding to a noise complaint. *shrugs* He has also advised there is nothing stopping the Council from continuing to fine me until this matter is sorted, so he will be looking into how he can seek an injunction on this. It is his belief that Casey are being very cautious about granting *any* permits at the moment as a result of the whole landfill fiasco (& methane seeping into the houses above)...he's noticed a lot more permit refusals recently for seemingly no reason. I will also be making sure I send a letter of complaint to the ombudsman about how the Council have dealt with this. I'm unsure if they can compel the laws dept to actually consider my appeal but they can investigate the actual process & why this has been a farce from start to finish.

As for The Evils...where do I start? The yelling over the fence has got worse. I now can't go out into the backyard during the day when Mr Evil is home. Stupid thing is, he's looking out his bedroom window when he does it & can see right into our back yard...& it's *obvious* no one is there. So why bother? He's just annoying everyone else in the area because they can all hear him too. The swearing is getting worse & he's now calling us names. When the flood happened on Friday, he had the cheek to come round at 9pm (my eldest daughter answered the door, so he didn't speak to me directly, unfortunately, or I would have told him to leave before I called the police). We have a pile of mulch on the nature strip. He claimed it was responsible for flooding the road & demanded we sweep it up then & there. Not only was it pitch black by then but it was also raining & the street was flooded. Plus...WTH? Apparently you can all blame me & my mulch for State-wide flooding. Who knew the water crisis could be solved so simply. They spent the entire evening (right until it had been dark for a while) standing in the middle of the road yelling at cars to either turn back or slow down...so they wouldn't spray water on their car (which was already flooded out & had been parked on the road all day in torrential rain)! They were causing a serious safety hazard. They even yelled at people walking & biking past (just general insults). Who does that?! Yesterday, Mrs Evil was standing by the hedge that separates our properties at the front...& was making a plethora of animal noises whilst discussing us with someone else. Today my hubby was putting out the hardfill & Mrs Evil was out there (no doubt fretting over our mulch again) - she yelled out abuse (called him names) directly at him. He said he completely ignored her...didn't even turn to look at her...which is incredibly restrained of him because every fibre of his being just wanted to go punch her. So now they're stooping to name calling in the streets.

I asked my lawyer what I can do to stop this. He said I can apply for a restraining order but I have to prove that they're stalking or harassing us (this was before the name calling this weekend..I wonder if name calling in public is enough to constitute harassment?). He also said given I am about to appear before the Court, I might have trouble getting the order, so if I can just sit it out & ignore it until that's over, I might have a better case later on if it's still continuing then. The problem is my health is now suffering. I've been under so much stress...I can't sleep, I'm getting constant migraines & I dread going outdoors. I'm so angry about it all. WTH do I have to suffer because two antisocial cowards can't behave like rational human beings? Mr Evil is the CEO of a large company that has strong links to the govt. He should be ashamed of his behaviour.


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PostPosted: Sun Feb 06, 2011 11:54 pm 
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Dapper Duck
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Joined: Fri Mar 13, 2009 12:28 am
Posts: 81
Location: Kalamunda, Western Australia
oh epiphany, :upset: I have been reading this post and just feel terrible for you. Hopefully t his will all be sorted out soon and your health can improve.
Shea
:grouphug:


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PostPosted: Mon Feb 07, 2011 1:02 am 
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Junior Champion Bird
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Joined: Sun Feb 08, 2009 7:57 pm
Posts: 647
Location: Ringwood, VIC
Um, Ephiphany, name-calling and abuse is harassment and you can use the fact you're afraid to go outside etc. as stalking.

I went to the courts on Friday to apply for an order against my neighbour and the lady told me this. I told her (and wrote it on the application) everything that had happened and she said this DOES constitute stalking and harassment.

I have to go to court on 22 Feb to have it heard by a magistrate (I didn't know this was how they did things) and the neighbour is invited to go as well to put his side of the story. I was a bit taken aback when she told me this would happen but she said he may not even bother turning up to contest it - I can only hope!

Maybe you could go to the local court and the police to find out exactly what you can do. I am lucky I rang the police when he came on to my property and when he threatened to kill my cat because it's all on record with them now and I have the name of the officer I spoke to on the application for the order so the police are kind of witnesses in a way.

Your situation sounds worse than mine so I'd be checking it out with the local court. You need to note EVERYTHING they say and do - put it in a diary with times and the other thing to do is try and record them on your mobile phone without them knowing. I put the microphone app on my shortcuts on my iphone so I can quickly press it if need be.

Good luck


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PostPosted: Mon Feb 07, 2011 6:54 am 
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Proud Rooster
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why don't you video tape and record their noises/abuses at you? They seem to be doing it so often it would not be hard to catch them at it, theres your proof. and your allowed to stand outside in public, eg on the road or nature strip and do that ( not inside). Thats what I would do


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PostPosted: Mon Feb 07, 2011 7:50 am 
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Showy Hen
Showy Hen

Joined: Tue Mar 10, 2009 1:23 pm
Posts: 174
Location: Narre Warren South, Melbourne
dickdi wrote:
Um, Ephiphany, name-calling and abuse is harassment and you can use the fact you're afraid to go outside etc. as stalking.


The name calling started this weekend (after I'd spoken to the lawyer). I suspect it's only going to escalate from here, if their previous behaviour is anything to go by. I am seriously considering getting some wireless cameras to record movement on our property as they have come onto our property in the past...plus it would catch him yelling out his window if I aimed it right (just recording my boundary - honest). I have been keeping a journal of where & when things happen, who else witnessed them, what was said, etc. I have now decided that if I am approached or am outside when it happens next (because it will happen), I will bite my tongue & either say nothing or simply say "Your words are being noted for my eventual report for the police" & simply walk away (as much as I'd love to say something stronger - there is no point in taking the bait & possibly getting myself into trouble or giving them any satisfaction that their behaviour is effecting me). I have also kept all their letters, of course, & have also noted times, dates & witnesses for previous events. Why are people such idiots?!


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PostPosted: Mon Feb 07, 2011 7:57 am 
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Golden Kingfisher
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How horrendous. I can totally understand the terrible effect this is having on you. Some people are beyond comprehension....

I am really glad the hear that the lawyer is proving to be helpful.

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PostPosted: Mon Feb 07, 2011 8:09 am 
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Discerning Duck
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Location: Gold Coast
It sounds like you've become a target for their unhappiness. If you did rehome your rooster would their behaviour change I wonder? Would they suddenly become nice neighbours? I doubt it.

You haven't done what he demanded and for someone who is a CEO and probably used to everyone cowtowing to him , it's probably killing him you're not! By now he would have convinced himself he's right and you're wrong and he doesn't sound like anyone who would re-consider or meet in the middle. Hopefully I'm wrong. I definitely think you should tape his behaviour as it sounds like its escalating and it could be your one chance in court to show him how over the top he's behaving. I agree always staying calm when dealing with them is the best way to go so you don't inflame the situation.

Good luck getting the problem resolved and getting your life back to normal!

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PostPosted: Mon Feb 07, 2011 9:51 am 
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Dapper Duck
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Joined: Wed Jan 26, 2011 8:47 pm
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Location: Melbourne, Victoria
My heart goes out to you. Awful to have your homelife invaded like this.

Sounds like you have lots of good hints here and your lawyer to give you advice. Stay calm and remember the good in your life.
H


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PostPosted: Mon Feb 07, 2011 10:48 am 
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Proud Rooster
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and then you have to wonder how he behaves in his job if he is like that at home


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PostPosted: Mon Feb 07, 2011 2:01 pm 
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Wise One
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OMG! Hang in there epiphany and dickdi, l will never whinge about my neighbours again. Heres hoping things get sorted quickly and things go your way, there really are some nutjobs in the world. :grouphug:

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PostPosted: Mon Feb 07, 2011 3:43 pm 
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Junior Champion Bird
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Joined: Sun Feb 08, 2009 7:57 pm
Posts: 647
Location: Ringwood, VIC
The last time my idiot neighbour tried to talk to me, as soon as he called my name (3 times because I ignored him the first 2!) I just calmly said "my lawyer has advised me not to speak to you" and he's gone very quiet since then - that was 3 or 4 weeks ago. It's interesting how the mention of solicitors affects people. I do have the advantage that he also rents so he's obviously afraid of repercussions with his estate agent - which he WILL have if I get this intervention order granted.

I can't tell you how peaceful it's been but I still don't go over that side of the yard when his car is there and I still don't let my cats outside when he's there but it is an improvement.


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