No subject

At 10:04 AM 28/07/2004, Dan Flett wrote:
>Maciszewski v Casey City Council [2003] VCAT 402 (10 April 2003)
><http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/vic/VCAT/2003/402.html>http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/vic/VCAT/2003/402.html
>
>In the Statutory Rules (Building Regulations 1994) you quoted, item 4.31
>(masts, poles) was added in 2001 according to this version:
>
><http://www.dms.dpc.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/b12e276826f7c27fca256de50022686b/ebe30a7e9ea59a42ca256ea1001e37c1/$FILE/94-81sr066.pdf>http://www.dms.dpc.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/b12e276826f7c27fca256de50022686b/ebe30a7e9ea59a42ca256ea1001e37c1/$FILE/94-81sr066.pdf
>
>But as far as I can see none of the parties in the above case took them
>into account.  Im no lawyer though. J  I definitely think you should seek
>further advice on your situation though, and tell whoever you ask for
>advice about this VCAT case.  Its interesting that Monash is only talking
>about Building Regulations, theyre not saying anything about
>Telecommunications Facilities, as the other councils did.
>
>  Also of interest&
>
>
><http://www.austlii.edu.au/au/cases/vic/VCAT/2002/471.html>http://www.austlii.edu.au/au/cases/vic/VCAT/2002/471.html
>http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/vic/VCAT/2003/511.html
>
>Rulings saying a satellite dish is not a telecommunications facility, also
>points are made that hobby or domestic use of a property are reasonable
>and dont require permits.
>
>Also note this news:
>
><http://mdrc.org.au/apcnews/apcnews-2003/APCNews-20030507.html>http://mdrc.org.au/apcnews/apcnews-2003/APCNews-20030507.html
>
>The City of Banyule dropped its demands against another amateur and his
>mast after the Mark Maciszewski case.


-- 
Signed,
Steven Haigh

I am root. If you see me laughing, you'd better have a backup.

----- Original Message ----- 
From: Steven Haigh
To: melbwireless at wireless.org.au ; Alex F
Sent: Wednesday, July 28, 2004 12:24 AM
Subject: Re: [MLB-WIRELESS] Doh!!


I seem to remember that there was a loophole in this for hobby radio 
activities... Maybe someone from the HAM community could spread some light 
on this?

----- Original Message ----- 
From: Alex F
To: melbwireless at wireless.org.au
Sent: Tuesday, July 27, 2004 11:18 PM
Subject: [MLB-WIRELESS] Doh!!



Hi everybody,

Just a few days after I get my mast erected up to 9m, a bureaurat from 
Monarse^H^H^Hsh council rocks up and tells me that I need a permit for the 
mast.
Anything over 3m on a roof, and anything over 8m on the ground needs a 
permit, and you can't get a retrospective permit.
So, in the next few days I will be issued with a 30 day notice to either 
take down the mast or bring it under 3m.  I'll wait right up until the end 
of the 30 days to bring the mast down to 3m, which involves about 5 minutes 
worth of effort to undo 2 locking bolts and gently lower the top 2 sections.
After that I need to apply for a permit, submit engineering drawings and 
have a structural engineer certify that the mast is safe (won't fall over 
and kill the neighbour's dog).
Anyone know any structural engineers who can certify the mast on the cheap? 
(ie, for free??)
I should be able to provide most of the specifications, documents and 
relevant standards.  Measuring out the roof for engineering drawings will be 
a bit of a pain.  Bloody nosy neighbours just can't ignore the blue and red 
strobe lights, and mind their own business.

Here's the Vic legislation regarding the mast height...

http://www.austlii.edu.au/cgi-bin/disp.pl/au/legis/vic/consol%5freg/br1994200/s4.31.html?query=%22antenna%22+and+%22mast%22



BUILDING REGULATIONS 1994 - SECT 4.31
Masts,
poles etc.

4.31
Masts,
poles etc.

The consent and report of the relevant council must be obtained to an
application for a building permit to construct a
mast, pole, aerial,
antenna,
chimney, flue, pipe or other service pipe which-

   (a)  when attached to a building, exceeds a
height
of 3m above the highest
        point of the roof of the building; or

   (b)  when not attached to a building, exceeds 8m above ground level.




Anyone know of any superior or overriding legislation to easily fix this 
situation? Somone has informed me that this was discussed here about 6 
months ago, and that you can put up a mast up to 14m with no hassles. 
Anyone have any links or references?

Thanks in advance.

Alex F  (node HZN, Oakleigh) 


To unsubscribe: send mail to majordomo at wireless.org.au
with "unsubscribe melbwireless" in the body of the message